Every Muslim, who is sound to mind and of the age of majority, has the capacity to make a will. As has been seen earlier in this work, with the exception of marriage, dower and divorce, the age of majority of Muslim is regulated by the Indian Majority Act, under which the age of majority is the completion of eighteenth year in ordinary cases, and completion of twenty-first year in cases where the guardian of a minor is appointed under the Guardians and Wards Act.
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Muslim law-givers lay down that a will of a minor can be ratified by him on attaining majority, but the will of a person of unsound mind cannot be ratified on his regaining sanity. Not merely this, the Muslim authorities hold that the will made by a sane person will become invalid, if subsequently he becomes insane.
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Under the Shia law, a will made by a person, who has taken poison, or has wounded himself with a view to committing suicide, is invalid. But a will made by a person, who subsequently commits suicide, is valid.
A will made by a person under coercion, undue influence, or fraud is invalid. Similarly, the court will scrutinize the will of a pardanaseen lady very carefully before admitting it.