Part 2 — Executorship
1 — Appointment of Executor
Article 289:
Executor must be a just and capable person, have complete capacity and have the same religion as that
of the person under his executorship.
Article 290:
Following persons may not be appointed as executor:
1 – Person who has been convicted of a crime against public mores or chastity by a final ruling of
court.
2 – Person who has a bad reputation or does not hold legitimate source of income for a living.
3 – Person who has been condemned to bankruptcy by a final ruling of court and whose prestige has
not been reinstated.
4 – Person who has already been removed from guardianship or executorship of another person by
a final ruling court.
5 – Person who has been deprived in writing of the right of executorship by his father or his
grandfather before their death.
6 – Person who himself or one of his ascendants, descendants or his wife has a legal dispute with
the person with incomplete capacity, or there is such a familial conflict that harms the interest
of the person with incomplete capacity.
2 — Optional Executor
Article 291:
(1) Father may appoint an executor for his children with incomplete capacity or for the healthy fetus
in womb. Also granter may appoint an in the case mentioned in article (271) of this Law.
(2) Appointment of executor in such cases shall take place with an official or customary letter of
executorship that is written and signed by father or granter, or their signatures or fingerprints on
such documents are certified.
Article 292:
Father and granter may revoke the appointment of executor.
Article 293:
Person who has accepted executorship during the lifetime of testator may not relinquish it, unless he
has already made relinquishment of executorship conditional to his own choice.
Article 294:
Rejection of executorship must take place during the lifetime of testator and testator must be notified
of it.
Article 295:
Person who has rejected executorship according to provisions stated in Article (294) of this Law, may
not accept it after the death of testator.
Article 296:
Appointment of executor shall be considered enforceable if it is approved by the competent court.
3 — Judicial Executor
Article 297:
If there is no voluntary executor for person with incomplete capacity or healthy fetus in womb, the
court shall appoint an executor. Executorship for the fetus in womb shall also be effective after the
birth, unless the court has appointed a new executor in his place.
Article 298:
(1) If necessary, court may appoint more than one executor for person with incomplete capacity.
In case of multiplicity of executors, they may not individually take action over properties of the
person under their executorship, unless such an action is absolutely in the interest of person with
incomplete capacity.
(2) In case of difference of opinion among the executors, the court’s decision shall be implemented.
Article 299:
Court shall appoint a special and temporary executor in the following cases:
1 – In case interest of person with incomplete capacity conflicts with interest of executor, his spouse
or one of his ascendants or descendants, or if it conflicts with interest of persons whose legal
representative is the executor.
2 – In case a property has been granted to person with incomplete capacity and it is stipulated this
property should not be placed under guardianship of guardian.
3 – In case implementation of the executorship requires particular characteristics that the
permanent executor lacks.
Article 300:
Court shall appoint a temporary executor in the following cases:
1 – In case the court has halted guardianship of a guardian and the person with incomplete capacity
does not have another guardian.
2 – In case executorship has been halted based on executor’s own request.
3 – In case temporary factors have prevented implementation of executorship.
Article 301:
Court may appoint a litigation executor for person with incomplete capacity, even if person with
incomplete capacity does not own any property.
Article 302:
Executor may, in all cases that he has authority to implement executorship, appoint another person
as agent, the agent shall be considered removed with death of the testator or the person under
executorship.
Article 303:
Duties of persons specified Articles (299, 300 and 301) of this Law, who are appointed as executors,
shall end when the subject of executorship is completed or the determined period of executorship has
expired.
4 — Obligations of Executor
Article 304:
Executor may not take the following actions over properties of person under executorship without the
permission of the competent court:
1 – Buying and selling, barter, partnership, mortgage, lending and any other action that transfers
ownership or grants property rights.
2 – Assignment of a debt that another person owes to person with incomplete capacity or acceptance
of assignment of debt against him.
3 – Placing properties for the purposes of making profit and settlement of respective accounts, or
borrowing under the name of person with incomplete capacity.
4 – Leasing real estates of person with incomplete capacity for a period of more than three years
if the real estate is agricultural land, and for a period of more than one year if real estate is
building.
5 – Leasing real estates of person with incomplete capacity for a period that will last for one year
after person with incomplete capacity attains the age of majority.
6 – Accepting or rejecting conditional grants.
7 – Providing alimony of persons whose alimony is the responsibility of person with incomplete
capacity, unless the binding alimony is proven by final ruling of court.
8 – Compromise and arbitration.
9 – Performing pledges proved on inheritance of person with incomplete capacity or on himself,
unless final ruling, in this regard, is issued by court.
10 – Filing lawsuits, unless its delay can inflict harm or loss to rights of person with incomplete
capacity.
11 – Relinquishing rights of lawsuits or accepting those court rulings that are usually objectionable
or relinquishing such objections after filing them and filing unusual objection against rulings of
court.
12 – Forsaking sureties or decreasing them that will result in loss of person with incomplete capacity.
13 – Leasing properties of person with incomplete capacity for himself, his spouse or one of his
relatives up to the fourth category, or for a person whose agent is the executor.
14 – Paying expenses of marriage of person with incomplete capacity
15 – Paying educational expenses or payment of such expenses that person with incomplete capacity
needs them for performing a certain vocation.
Article 305:
(1) Executor shall have to deposit in court escrow account or in the bank designated by court all cash
incomes of person under his executorship after deduction of expenses of alimony and miscellaneous
expenses determined by the court, under the name of person with incomplete capacity.
(2) Likewise, executor must deposit in trust all of the things such as securities, jewelry, expensive
stones and the like that court sees necessary. Executor has to take these action within 15 days since
the date of delivery of incomes and the mentioned properties.
(3) Executor may not withdraw the things deposited in the bank without permission of court.
Article 306:
Executor shall have to notify court of cases filed against person with incomplete capacity along with
measures taken on them and follow court’s orders in this respect.
Article 307:
Executor shall have to submit to court annual financial statement attached with relevant documents
before the start of new year.
Article 308:
If wealth of person under executorship is not more than ten thousand Afghanis, court may exempt
executor from preparation and submission of annual financial statement to court.
Article 309:
If another person is appointed in place of executor, executor shall have to prepare a statement
regarding properties of person under his executorship within thirty days since the date of end of his
executorship and submit it to the court.
Article 310:
Performing executorship shall be pro bono. Court may exceptionally order payment of fee or reward
in exchange for executor’s certain action based on his request, but fee payment for the period before
the request shall not be permissible in any way.
5 — End of Executorship
Article 311:
Duty of executor shall end in the following cases:
1 – Death of person with incomplete capacity.
2 – When person with incomplete capacity attains the age of 18, unless before attaining that age
the court has ordered continuation of the executorship or at the mentioned age person under
executorship has incomplete capacity or is insane.
3 – Restoration of guardianship of guardian.
4 – Termination of action for implementation of which special executor was appointed.
5 – Removal of executor or acceptance of his resignation.
6 – Executor’s lack of legal capacity or his absence or death.
Article 312:
Executor shall be removed in the following cases:
1 – When one of causes of deprivation of executorship specified in Articles (289-290) of this Law
arises.
2 – When executor commits negligence or misadministration in administering properties of person
with incomplete capacity, or if executor is not removed, interest of person with incomplete
capacity shall be in danger.
Article 313:
Executor shall have to deliver, within 30 days since the end of executorship, properties under his
administration with its statement and relevant documents to his successor or to person under
executorship himself if he has attained the age of majority or to heirs of person with incomplete
capacity in case of death, and after delivery, submit the statement and receipt of properties to the
relevant department of court.
Article 314:
If executor dies or becomes incapable or is recognized as absent, his heirs or his successor shall have
to deliver the properties and submit the statement.
Article 315:
Court may, upon executor’s request, authorize delivery of all or part of properties of person under
executorship to himself for administration, if he has attained the age of 16. In case of rejection of the
request, executor may not resubmit his request to the court before lapse of one year since its final
order.
Article 316:
Committing or acquitting by person with incomplete capacity who has attained the age of majority, to
the interest of executor, shall be valid if executor has already prepared and submitted presented the
final statement of properties of person under executorship.
Article 317:
(1) Person with incomplete capacity who is permitted to administer properties shall have to submit an
annual statement of properties to court. Court shall seek executor’s opinion while examining the
statement.
(2) Also, court may order that the net annual profits of the permitted person to be deposited to the
court’s escrow account or to a saving account. In this case, the permitted person may not use it
without court’s permission.
Article 318:
If the person who is permitted to administer properties takes measures contrary to provisions of Article
(317) of this Law or mismanages the properties or if such causes emerge indicating that continuation
of measures by the permitted person cause damage to properties under his administration, court may,
according to its own opinion or request of prosecutor or one of the interested persons, limit or divest
the permission given to the permitted person after hearing his reasons.