the will of testator without heir in excess of one third

One of the unanimous issues in Jurisprudence and Islamic law is that the will is limited to one-third of the heritage and its surplus is subject to permission from the heirs. But if there is no heir, about whether the limitation of third still remains or the testator has complete freedom, there is disagreement. A group of experts in this hypothesis, believes it is limited to the third and surplus belongs to Imam (governor). Some other believe to the absolute freedom of testator and validity of such testament. Others separate between wills to charity and other wills. This study examines the arguments presented for different ideas and knows stronger the theory of limitation of the testator without heir to one-third of the property. From the legal point of view it is also more compatible with the provisions of the Civil Code