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.