This presentation was made and presented by me. The presentation shows, how a legacy shall be abated after the testator has dies and the bequest made by him exceeds the legal third allowed by the Shariah Law.

2. Topic: Abatement of
Legacies

3. Definition
 A Muslim testator can make a Will of only one-third
of his property without the consent of the heirs.
 If the bequest exceeds and the heirs refuse their
consent. Their refusal does not make the Will
inoperative or invalid but it abates rateably and is valid
to the extent of one-third.

4. Case Law
Title:
Zardad
versus
Ali Akbar and 8 others-respondent
Citation :
1989 CLC 2028 Peshawar

5. Sunni School of Thought
 Abatement of legacies;
 The general rule is that a bequest in excess of
1/3rd of the estate of the deceased would take
effect with respect to 1/3rd, with the excess going by
inheritance.
 If the legatees are more than one and the
property given to them exceeds one-third, the
shares of each of the legatee would be reduced
proportionately.

6. Illustration
“Z”
Total Assets= Rs 75,000
A(30,000) B(20,000)

7. Shia school of Thought
 Abatement of Legacies;
The Shia law is different. It does not recognize the
principle of ratable distribution. Under the law if a
testator bequeaths 1/3rd of his estate to A, 1/4th to
B, and 1/6th to C, and the heirs refuse to confirm
the bequest, A, legatee first named, takes 1/3 and B
and C takes nothing

8. Illustration;
Total Assets = 1,20,000
Testator
A(20,000)
B(30,000)
C(40,000)

9. Bequest of Exact One-Third
Where under one legacy two or more persons have
been given an exact one-third of the total assets then
the rule of chronological priority will not be applicable
in that case.
 In such cases, the legatee whose name appears last
gets the one-third given to him under the Will, and the
legatees whose names appear prior to him will get
nothing.

10. Bequest for Pious Purposes
 Both school of thoughts recognizes bequest for pious
purposes to the extent of 1/3rd.
 Categorized as below.
1. Bequest for faraiz.
2. Bequest for Wajibat.
3. Bequest for nawafil.