The Limitations Over Legal Authorities of the Testator Regarding the Minors

As long as the father or the paternal grandfather of the minors are alive, their affairs and custodianship are in their hands and each of them can assign someone in their will as the executor of the will to take over their responsibilities in their absence or after death. However, the authorities of the executors are limited in three ways regarding making a will related to the minors: observing religious rules, observing what is right and to the benefit of the minor and not appointing a non-Muslim executor to Muslim children. In addition, there are restrictions concerning the issues stated in the will by testator. The most important things which might be mentioned in a will regarding a minor are as follows: managing the minor's properties, conducting his upbringing, his employment and marriage and divorce. There is a consensus regarding that the will executor cannot nullify minor’s marriage. However, there is some disagreement among the jurists over the marriage of the minor to a certain person based on the will. Some consider it valid and others void and argue that the will executor’s authority is limited in this regard. Iran’s civil law has no ruling regarding this issue. In addition to investigating and analyzing both opinions, the former opinion has been strengthened in this study. There is no doubt about the abovementioned authorities for the will executor except for marriage and divorce.