What is the ruling when a previously capable executor subsequently develops an incapacity?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a strong executor subsequently develops weakness or an ailment, the judge shall appoint another capable person to assist him. The original executor remains the primary executor (Wasi), and the newly appointed person acts only as an assistant. This is because the judge's authority to intervene is only established when the appointed executor is entirely absent or unable to act.