Wills

Learn about wills in Saudi Arabia, including validity requirements, types, one-third limits, charitable wills, documentation procedures, inheritance, and legal advice.

A will in Saudi Arabia is a legally recognized arrangement that allows a person to specify how certain assets, rights, or benefits should be transferred after death, within the limits established by Saudi law and Islamic Sharia principles.

Understanding the importance of wills and their legal implications, as well as the conditions for a valid will, maximum will amount, and procedures for documenting a will, can help ensure that the testator's wishes are legally enforceable.

What Are Wills in the Saudi Legal System?

A will, or Wasiyyah, is a legal disposition made by a person during their lifetime to grant property, a benefit, or a financial right to another person or entity after their death.

The Saudi Personal Status Law provides that a will may be unconditional or subject to specific conditions. It may also be made for an identified individual, a group, a mosque, an endowment, charitable purposes, or certain legal entities, subject to the applicable regulations.

A will is therefore different from an ordinary transfer of ownership made during a person's lifetime because its legal effect is connected to the death of the testator.

The Importance of Wills and Their Legal Implications

A properly prepared and documented will can clarify the testator's intentions and reduce potential disputes concerning the assets covered by the will.

Its legal importance includes:

Specifying the beneficiaries of the will.

Identifying the property, rights, or benefits covered by the will.

Supporting the lawful implementation of the testator's wishes after death.

Allowing charitable donations or endowment-related provisions to be made within the limits established by law.

Providing evidence of the testator's intentions where the will has been properly documented.

However, a will does not allow a person to freely redistribute the entire estate regardless of inheritance rules. Saudi law establishes specific limitations, including the general one-third rule and restrictions concerning heirs.

Conditions for a Valid Will

The Saudi Personal Status Law establishes several requirements relating to the testator, beneficiary, and property subject to the will.

1. The Testator Must Be an Adult and of Sound Mind:

The testator must be an adult and legally competent in terms of understanding and judgment. This requirement is expressly provided under Article 176 of the Saudi Personal Status Law.

2. The Will Must Have a Recognizable Form

A will may be established through words indicating the intention to make a will, whether orally or in writing. If the testator is unable to use either method, an understandable sign may be sufficient under the circumstances provided by law.

3. The Beneficiary Must Be Legally Eligible

A will may be made in favor of a person who is legally capable of owning the property or benefit covered by the will. The law also permits wills for Muslim or non-Muslim beneficiaries, subject to the applicable provisions.

4. The Bequeathed Property Must Meet Legal Requirements

The property or right subject to the will must generally:

Belong to the testator if it is specifically identified.

Exist or be capable of existing.

Be lawful.

The law permits the subject matter of a will to include property, a benefit, or a legally recognized financial right.

Elements of a Will

Under Article 173 of the Saudi Personal Status Law, the essential elements of a will are:

The declaration or form of the will

The testator

The beneficiary

The subject matter of the will

These elements form the legal foundation of the will and help determine whether it can be validly established and implemented.

Types of Wills

Wills in Saudi Arabia can take different forms depending on their beneficiary and purpose.

• Wills to Identified Individuals: A testator may make a will for a specific person who exists at the time the will is made, subject to the legal requirements.
• Wills to a Defined Group: A will may be made in favor of a specified or limited group of beneficiaries.
• Wills to an Undefined Group: The law also recognizes wills made for an unspecified or unlimited group, subject to the relevant provisions.
• Charitable Wills: A testator may make a will for charitable purposes or generally for the sake of Allah. In such cases, the will is directed toward charitable activities in accordance with the law.
• Wills for Mosques and Endowments: The Saudi Personal Status Law recognizes wills made for mosques and endowments, with acceptance subject to the relevant authority or administrator, as applicable.

Maximum Will Amount

One of the most important rules when preparing a will in Saudi Arabia concerns the maximum amount that can generally be executed without the heirs' approval.

Under Article 190 of the Saudi Personal Status Law, a will is generally executed if it does not exceed one-third of the estate. If the will exceeds one-third, the excess is dependent on the approval of the heirs. It will be effective to the extent approved by the heirs who consent to it.

For example, if a person's estate is valued at SAR 900,000, the general one-third limit would be SAR 300,000. A will exceeding that amount would require the relevant heirs' approval for the excess portion.

The law also provides specific exceptions, including circumstances involving a person who has no heirs and certain situations where the only heir is a spouse. Therefore, the applicable limit should be assessed based on the specific family and inheritance circumstances.

Wills for Charitable Purposes and Endowments

Saudi law allows a testator to dedicate a will to charitable purposes, a mosque, or an endowment.

A will made generally for charitable purposes becomes binding upon the death of the testator without requiring acceptance by a specific beneficiary in the same manner as a will made to an identified individual. For a mosque or an endowment, acceptance is subject to the relevant supervising authority or administrator.

This makes wills an important legal mechanism for individuals who wish to allocate part of their estate toward charitable activities or long-term charitable endowments.

Procedures for Registering and Documenting a Will

The Saudi Ministry of Justice provides an electronic service for documenting wills through the Najiz platform. The service allows the testator, or an authorized representative, to submit a request to officially document the will and obtain an official will document.

The general process includes:

Log in to the Najiz platform using National Unified Access.

Select All Electronic Services.

Choose the Social Affairs package.

Select Will Documentation.

Enter the required information concerning the applicant and the parties.

Enter the testator's information.

Provide the details of the will, including its subject matter, rights, and obligations.

Submit the application.

Receive notification of the application number and submission date.

The Ministry of Justice states that there are no required documents listed for the electronic service itself. If the will concerns a deceased person, additional requirements apply, including representation of all heirs or having all heirs participate in acknowledging the will, and there must be no dispute where the testator is deceased.

The Difference Between a Will and Inheritance

A Will:

Is made voluntarily by the testator during their lifetime.

Takes effect after the testator's death.

Is generally limited to one-third of the estate without the heirs' approval.

May benefit specific individuals, groups, charitable purposes, mosques, or endowments.

May be modified or revoked by the testator during their lifetime.

Inheritance:

Arises upon the person's death.

Determines the legal rights of the heirs in the estate.

Is governed by the applicable inheritance rules.

Applies to persons who qualify as heirs under the law.

Cannot be changed simply through the testator's will.

The Role of a Lawyer in Will Cases

Although Saudi law provides a formal framework for wills, legal assistance can be particularly useful when a will involves substantial assets, multiple beneficiaries, real estate, charitable purposes, endowments, or potential disputes among heirs.

A lawyer can assist with:

Drafting the will in clear and legally appropriate language.

Reviewing whether its provisions comply with Saudi law.

Determining whether the proposed dispositions fall within the one-third limit.

Reviewing the legal status of beneficiaries.

Identifying potential conflicts between the will and inheritance rules.

Assisting with the documentation process.

Advising beneficiaries and heirs regarding their legal rights.

Representing clients in disputes concerning the validity or implementation of a will.

Professional legal advice can help ensure that the will accurately reflects the testator's intentions while remaining within the limits established by Saudi law.

Conclusion

Understanding wills in Saudi Arabia is essential for anyone seeking to arrange the distribution of their assets after death in accordance with Saudi law. At Etqan Law Firm, our lawyers provide legal guidance on drafting, reviewing, documenting, and implementing wills in accordance with the applicable Saudi regulations.

FAQ:

What is the maximum amount of the estate that can be bequeathed?

Generally, a will may cover up to one-third of the estate without requiring the heirs' approval.

Is it permissible to bequeath more than one-third of the estate?

Yes, but the portion exceeding one-third generally requires the heirs' approval to be enforceable.

Is it permissible to bequeath to an heir?

A will in favor of an heir is subject to the applicable provisions of Saudi law and may require the consent of the other heirs.

What is the difference between a bequest and an inheritance?

A bequest is a voluntary disposition made during a person's lifetime to take effect after death, while inheritance arises by law upon death and determines the rights of the heirs.

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.