What is the validity of the bequest if the executor's condition changes after the will is made but before the testator's death, and then returns to sound condition by the time of death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the executor's condition changes after the will is executed but before the death, and then the executor regains full legal capacity possessing all the required conditions at the moment of the testator's death, the bequest to that executor is valid. This is because the conditions were met at the time of the contract (execution of the will) and at the time of its commencement (death).
Supporting text
There is an alternative scholarly position suggesting that the bequest is nullified in this circumstance because every state (the temporary incapacitation) is a state relevant to acceptance or rejection, and thus the conditions must be considered valid during that period as well.