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testacy, that is, when the individual dies without leaving a will. In the Kitab-i-Aqdas (# 109), Baha'u'llah instructs every believer to write a will. He elsewhere clearly states that the individual has full jurisdiction over his property and is free to determine the manner in which his or her estate is to be divided and to designate, in the will, those, whether Baha'i or non-Baha'i, who should inherit (Q and A 69). In this connection, a letter written on behalf of Shoghi Effendi explains that: ...even though a Baha'i is permitted in his will to dispose of his wealth in the way he wishes, yet he is morally and conscientiously bound to always bear in mind, while writing his will, the necessity of his upholding the principle of Baha'u'llah regarding the social function of wealth, and the consequent necessity of avoiding its over-accumulation and concentration in a few individuals or groups of individuals. This verse of the Aqdas introduces a lengthy passage in which Baha'u'llah elaborates the Baha'i law of inheritance. In reading this passage one should bear in mind that the law is formulated with the presumption that the deceased is a man; its provisions apply, mutatis mutandis, when the deceased is a woman. The system of inheritance which provides for distribution of the deceased's estate among seven categories of heirs (children, spouse, father, mother, brothers, sisters, and teachers) is based on the provisions set out by the Bab in the Bayan. The major features of the Baha'i laws of inheritance in the case of intestacy are: 1. If the deceased is a father and his estate includes a personal residence, such residence passes to the eldest son (Q and A 34). 2. If the deceased has no male descendants, two thirds of the residence pass to his female descendants and the remaining third passes to the House of Justice (Q and A 41, 72). See note 42 concerning the levels of the institution of the House of Justice to which this law applies. (See also note 44.) 3. The remainder of the estate is divided among the seven categories of heirs. For details of the number of shares to be received by each group, see Questions and Answers, number 5, and Synopsis and Codification, section IV.C.3.a. 4. In case there is more than one heir in any category the share allotted to that class should be divided between them equally, be they male or female. 5. In cases where there is no issue, the share
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