Execution of Wills

Learn about the execution of wills in Saudi Arabia, including legal requirements, conditions, procedures, required documents, and the role of a lawyer. Get legal guidance from Etqan Law Firm.

The Execution of Wills in Saudi Arabia involves legal procedures that ensure the testator’s wishes are fulfilled while protecting the rights of heirs and beneficiaries.

Understanding the applicable Sharia principles, legal requirements, necessary documents, and court procedures helps facilitate the process and prevent potential disputes. This guide explains the key conditions and steps involved, as well as the role of the legatee and lawyer in ensuring proper execution.

What Is the Execution of Wills?

The Execution of Wills refers to taking the necessary steps to carry out the wishes expressed by a person before their death, including transferring money or property to the legatee in accordance with the terms of the will, Sharia principles, and the applicable laws and regulations in Saudi Arabia.

This process includes verifying the validity of the will, ensuring that the conditions for its execution are met, and safeguarding the rights of heirs and creditors.

The Importance of Executing a Will After the Testator’s Death

The Execution of Wills plays a vital role in protecting the testator’s wishes and ensuring that the estate is handled in accordance with applicable legal requirements.

• Carrying Out the Testator’s Wishes: Ensuring that the testator’s wishes are fulfilled in accordance with the terms of the will, Islamic Sharia principles, and the applicable laws and regulations in Saudi Arabia.
• Protecting Beneficiaries’ Rights: Ensuring that beneficiaries receive the assets or rights specified in the will, subject to applicable legal requirements.
• Organizing Estate Distribution: Identifying the assets covered by the will and ensuring its execution through clear and lawful procedures.
• Preventing Disputes: Reducing the likelihood of conflicts arising between heirs and beneficiaries of the will.
• Complying with Sharia Principles and Legal Requirements: Observing the conditions for a valid will and the limits on its execution, including the rule that a bequest must not exceed one-third of the estate unless the heirs consent after the testator’s death.
• Protecting Creditors’ Rights: Ensuring that the deceased’s debts and estate obligations are settled before the will is executed and the inheritance is distributed in accordance with the applicable legal order.

Conditions for Executing a Will

Wills in Saudi Arabia are governed by the principles of Islamic Sharia and the Personal Status Law. Understanding the conditions for the Execution of Wills is essential to ensuring their validity and protecting the rights of heirs and beneficiaries.

The main conditions for executing a will include:

1. The Testator’s Death: A will becomes eligible for execution after the testator’s death, in accordance with the applicable legal provisions.
2. Validity of the Will: The will must satisfy its essential elements: the declaration of the will, the testator, the beneficiary, and the bequeathed property. It must also be made by a person who meets the legal requirements, including legal maturity and mental capacity.
3. Lawfulness of the Bequeathed Property: The bequeathed property must be owned by the testator if specifically identified, and it must exist or be capable of coming into existence and be legally permissible.
4. The Will Must Not Exceed One-Third of the Estate: The will is generally executed within one-third of the estate after deducting funeral and burial expenses and settling debts. Any amount exceeding one-third requires the heirs’ consent and is enforceable only to the extent permitted by those who approve it.
5. A Bequest to an Heir Requires Consent: A bequest made to one of the legal heirs is not executed unless the other heirs approve it after the testator’s death. It is enforceable only against the shares of those who consent.
6. Acceptance of the Bequest Where Required: The beneficiary must accept the bequest in circumstances specified by law. A guardian may accept on behalf of a minor, while certain bequests may take effect upon the testator’s death without requiring acceptance.
7. Prior Settlement of Estate Obligations: Funeral and burial expenses and the deceased’s debts must be settled first, followed by the execution of the will. The remaining estate is then distributed among the legal heirs.

Procedures for Executing a Will in Saudi Arabia

The Execution of Wills in Saudi Arabia involves legal procedures to establish the will, verify its validity where required, and protect the rights of beneficiaries and heirs.

When the Testator Has Passed Away

The following requirements must be met:

• The heirs or their legal representative must appear before the court to establish the validity of the will.
• The original certificate of inheritance determination for the deceased and the original will must be presented.
• Two witnesses must be present to testify to the validity of the will.

Once the above procedures have been completed and the will’s validity has been verified, the judge issues an official will deed authorizing its execution.

When the Testator Is Still Alive

The following conditions must be met:

• The testator must appear before the court and present their national identity card.
• An authorized representative under a valid legal power of attorney must attend, document the will, and request the issuance of an official deed.
• Two witnesses must be present to testify to the contents of the will.

Once the testator has completed these procedures and the will has been formally established before the judge, it becomes legally effective.

Documents Required for Executing a Will

Preparing the required documents is an essential step in the Execution of Wills, as these records help establish the will’s validity, identify the parties involved, and facilitate the relevant legal procedures.

• The Original Will or a Certified Copy: To establish the contents of the will and verify its details.
• The Testator’s Death Certificate: To confirm the testator’s death and complete the procedures related to executing the will.
• Identification Documents: To verify the identities of the testator, the beneficiary, and the relevant parties.
• Certificate of Inheritance Determination: To identify the legal heirs and establish their relationship to the deceased.
• Property and Asset Ownership Documents: To establish the testator’s ownership of the assets or properties specified in the will.
• Witness Details and Testimonies, Where Required: To support the establishment of the will and verify its validity in accordance with applicable legal requirements.
• Supporting Documents Establishing the Will’s Validity: These include any documents required to demonstrate compliance with Islamic Sharia principles and applicable legal requirements.
• Relevant Legal Documents and Correspondence: To support the application to establish the will and clarify any issues concerning its contents or execution.

Etqan Law Firm assists its clients in identifying the required documents, reviewing them, and completing the procedures for establishing a will before the competent authorities, helping protect beneficiaries’ rights and ensure compliance with the applicable laws and regulations in Saudi Arabia.

The Role of the Legatee in Executing the Will

The legatee plays an important role in the Execution of Wills by following the required procedures and taking the necessary steps to claim the bequeathed entitlement.

• Verifying the Validity of the Will: Ensuring that the will is valid, understanding its contents, and confirming that it meets the relevant Sharia and legal requirements.
• Submitting the Required Documents: Preparing the necessary documents to establish the will and complete the execution procedures.
• Following Up on Legal Procedures: Contacting the competent authorities and following up on applications to establish and execute the will.
• Cooperating with the Heirs: Coordinating with the heirs to facilitate the procedures while respecting the rights of all parties.
• Claiming the Bequeathed Entitlement: Taking the necessary legal steps to obtain the entitlement specified in the will, subject to Sharia principles and applicable legal limits.
• Seeking Legal Assistance When Necessary: Obtaining legal advice to address disputes or obstacles that may arise during the execution of the will.

The Role of a Lawyer in Executing a Will

A lawyer can provide valuable assistance throughout the process, helping ensure that the Execution of Wills complies with applicable laws and regulations in Saudi Arabia.

• Reviewing the Will Legally: Verifying that the will meets the relevant Sharia and legal requirements.
• Identifying the Required Documents: Assisting the client in preparing the documents necessary to establish and execute the will.
• Following Up on Judicial Procedures: Filing applications and following up on procedures for establishing the will before the competent authorities.
• Providing Legal Advice: Clarifying the rights of beneficiaries and heirs, as well as their obligations concerning the will.
• Resolving Disputes: Addressing disputes concerning the validity of the will, the interpretation of its provisions, or its execution, and seeking to resolve them through lawful means.
• Representing Clients Before the Courts: Representing the client in legal disputes concerning the will when necessary.
• Protecting Legal Rights: Working to ensure that the will is executed in accordance with Islamic Sharia principles and the applicable laws and regulations in Saudi Arabia.

Conclusion

The Execution of Wills requires careful attention to Sharia principles and Saudi legal requirements to ensure that the testator’s wishes are carried out and the rights of all parties are protected. Etqan Law Firm provides legal guidance and assistance to help clients address the requirements of will execution and resolve related disputes in accordance with applicable Saudi laws and regulations.

FAQ

Is it permissible to execute a will in favor of an heir?

Under Saudi law, a bequest in favor of an heir generally requires the consent of the other heirs after the testator’s death. It is enforceable only to the extent of the consent given.

What happens if one of the heirs refuses to execute the will?

If an heir refuses to cooperate, the beneficiary may seek legal assistance and apply to the competent court to enforce the will, subject to applicable legal requirements.

How is the will executed if the heirs disagree about it?

If the heirs disagree, the matter may be referred to the competent court to determine the will’s validity and resolve the dispute in accordance with Islamic Sharia and Saudi law.

Can the execution of the will be challenged?

Yes. The execution of a will may be challenged on valid legal grounds, such as questions about its authenticity, validity, or compliance with Sharia and applicable legal requirements.

The Etqan Al Mutamayza Law Firm is ready to provide the essential support you need. You can reach their team at the following mobile numbers: +966 0543104848.

Additionally, feel free to visit our branches located at:

• Jeddah: Al-Aziziyah District, Mohammed bin Abdulaziz Street (Tahlia)
• Riyadh: King Abdulaziz Street, across from the Kingdom Tower
• Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.

Sources

laws.boe.gov.sa