Provisions that should be observed before death (3)

It is not permissible to harm (others) by the will because of Allah's Saying: “After any will that may have been bequeathed or a debt that does not harm (others).”

Harming others by the will may be done by a legato or the bequeathed.

From a legator: A legato may bequeath with more than one third or bequeath to other than heirs while they are in need.

From the bequeathed: As if he neglectsthe will and does not execute it or spend it in improper channels. Allah Almighty has threatened the one who changes the will  as Allah says:

{فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللّهَ سَمِيعٌ عَلِيمٌ}

“Whoever then alters it after he has heard it, the sin of it then is only upon those who alter it; surely Allah is Hearing, Knowing.” [Al Baqara: 181].

It is permissible to will all the wealth for the one who has no inheritors.

This is the correct view of scholars (may Allah be pleased with them) because the Prophet (peace be upon him) prohibited a person to give a will more than one for the sake of heirs and the ruling goes with the cause wherever it exists, so the person who has no heirs is not included in the prohibition.
Ibn Al Qayyim (may Allah bless him) said: “The correct view is that a person may do whatever he like in his will because the Shari`ah prohibited him to act in more than one third if he has heirs, but if he does not have heirs, he may do whatever he wills in his money..” [1]

The will, which is given by witnesses, is taken into consideration if writing is impossible.
If a legato is illiterate and does not know how to write or read, he may bring witnesses to the will as Allah Almighty says:

{يِا أَيُّهَا الَّذِينَ آمَنُواْ شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ }

“O you who believe! Call to witness between you when death draws nigh to one of you, at the time of making the will, two just persons from among you.” [Al Maida 106]

Witnessing has three conditions: Witnesses should be Muslims, just and males, however if it is impossible to find a Muslim witness, it is permissible to bring a non-Muslim.

It is permissible to change or cancel the will
A will is one of the permissible contracts which take place after death, however a legato may change or cancel it before death.

Is it better for  a legator to bequeath a third or less?

It is better for a legator to bequeath by less than one third because of the Hadith of Sa`d (may Allah be pleased with him) in which the Prophet (peace be upon him) said to him:

 “A third, o Sa`d, and a third is much.” The words of Ibn Abbas (may Allah be pleased with him): “If (only) people decrease the one third to one quarter, it will be better because the Prophet (peace be upon him) said: “A third and a third is much.” Abu Bakr As-Sidiq (may Allah be pleased with him) bequeathed a fifth, so if people bequeathed a quarter or fifth, then it is better than one third, especially if the money is much. There is no harm if a person bequeathes one third, it will be better.[2]