Law No. 7 of 1994 concerning the Provisions of Wills

Law No. 7 of 1994 regarding the provisions of guardianship

General People's Conference

• In implementation of the decisions of the basic popular conferences held in their second regular session of the year 1403 AH corresponding to 1993 AD, which were formulated by the General Forum of Basic Popular Conferences, popular committees, unions, professional associations, and organizations, the General People's Conference held its regular session from 10 to 17 Sha'ban 1403 AH corresponding to 22 to 29 April 1423 AD, the birth date of the Prophet. Guided by the provisions of the Shari'a of the society and the Noble Qur'an.
• After reviewing the Great Green Charter of Human Rights in the era of the masses.
• And Law No. 20 of 1991 on the promotion of freedom.
• And Law on the Judiciary System and its amendments issued by Law No. 51 of 1976.
• And Law No. 10 of 1984 on the provisions of marriage, divorce, and their effects.
• And Law No. 17 of 1992 on the regulation of the affairs of minors and those under their guardianship.

The following law is formulated.

Chapter One: Elements and Conditions of a Will

Section One: Definition of a Will, its Elements, Convening, and Proof

Article 1

A will is a disposition made by a person in their estate after death.

Article 2

Any disposition made during the terminal illness with the intention of donation or favoritism shall be subject to the provisions of a will, regardless of the name given to it.

Article 3

Elements of a Will:

1. Formula
2. Testator (the one making the will)
3. Legatee (the one being recommended)
4. Recommended action

Article 4

A will can be made orally or in writing. If the testator is unable to do either, the will can be made through a clear indication.

Article 5

A will can be unconditional or conditional. If it is conditional, it is valid if the condition is valid. A valid condition is one that serves a legitimate interest for the testator, the legatee, or others, and it is not prohibited or contrary to the objectives of the Sharia. The valid condition must be considered as long as the intended interest is realized or predominant.

If a will is attached to an invalid condition, it is void, and if it is attached to an invalid condition, the validity of the will remains, and the condition is canceled.

Article 6

A will cannot be proven through denial or revocation except through writing or witness testimony. Otherwise, a will can be proven through all methods of proof.

Article 7

The testator must be legally capable of donating their money. However, if the testator is restricted due to insanity, negligence, or being a minor who has not reached the age of maturity, their will is permissible with permission from the court or its approval, or by remaining silent after the removal of the restriction or reaching the age of maturity.

Article 8

The legatee must meet the following conditions:

1. They must be identifiable.
2. They must exist at the time of the will and at the time of the testator's death if they are specifically named.
3. They must be someone who is legally capable of owning the bequeathed property, either immediately or in the future.
4. They must not be the heir of the testator.

Article 9

The recommended legatee must meet the following conditions:

1. They must be capable of being owned by someone else through a contract during the lifetime of the testator.
2. They must be recognized in the customary law of the society.
3. They must be in the ownership of the testator at the time of the will if they are specifically named. If the designated legatee is not owned by the testator, the will is invalid unless it is contingent upon the legatee's ownership and possession before the testator's death.
4. They must not exceed one-third of the estate, as the bequest cannot exceed this portion of the estate.

Section Two: Acceptance and Rejection of a Will

Article 10

The will must be accepted by the specifically designated legatee, and it can be rejected by them if they have full legal capacity. The acceptance or rejection is only considered valid after the death of the testator. If the designated legatee is an unborn child, a minor, or legally restricted, the person who has guardianship over their property can accept or reject the will with the permission of the court.

Article 11

Partial acceptance and partial rejection of a will are permissible. This is also applicable among legatees who have full legal capacity. The acceptance or rejection only affects the specific legatee, and if the legatee is not specifically designated, there is no need for acceptance, and no part of the will can be rejected.

Article 12

Neither acceptance nor rejection is required to be immediate upon death. However, the will becomes void if the heir or the executor of the will notifies the specifically designated legatee through an official declaration containing sufficient information about the will, and requests their acceptance or rejection, and a full period of thirty days has passed since that action, excluding the legally mandated time limits, without the legatee responding with acceptance or rejection in writing, without having a valid excuse.

Chapter Two: Provisions of the Will

Section One: The Testator

Article 13

A will made by a non-Muslim is valid as long as it does not involve a sinful act in their religion, if the legatee is also non-Muslim. However, if the legatee is a Muslim or if the will is made by a Muslim for a non-Muslim, it is required that the will is not prohibited in Islamic law or the law of the non-Muslim.

Article 14

The insanity or legal restriction of the testator does not invalidate the will if it is connected to their death, as long as the will was made with full legal capacity at the time of its execution.

Article 15

The testator is permitted to revoke the entire will or part of it explicitly or implicitly. Any action or behavior indicating or recognized as revocation is considered as such, unless the testator explicitly states that they did not intend to revoke it.

Article 16

Denying or disowning the will by the testator, or any act that increases the bequest in a way that it cannot be delivered without it, is not considered as revocation unless there is an indication or recognition that the testator intended to revoke the will.

Section Two: Legatee

Article 17:

1. A bequest is valid for a specific individual or description, as well as for limited or unlimited groups and various entities to whom the bequest is valid.
2. If the bequest is made to a specific individual who is not eligible to receive it at the time of the testator's death, the bequest shall revert to the testator's estate.
3. If the bequest is made to a limited group and some members of that group are not eligible at the time of the testator's death, everything bequeathed shall be due to others. If the bequest is made to an unlimited group, and there are some needy individuals among them, and the distribution among them is left to the discretion of the executor of the bequest without adhering to uniformity or equality.
4. If the bequest is made to a specific entity, the legatee shall allocate it for the benefit of that entity in its properties, interests, and other affairs, unless it is conditioned, customary, or implied. If the bequest is made to a specific entity that will exist in the future and its existence becomes impossible, the bequest shall be void. If the bequest is made to Allah Almighty and for acts of righteousness without designating a specific entity, it shall be disbursed for various charitable purposes.
5. If the bequest is shared between specific individuals and a group or entity, or between multiple groups or entities, or among all of them, each specific person, each member of the limited group, each unlimited group, and each entity shall have a share of the bequest.

Article 18

A will is valid for an unborn child, and it includes both existing and unborn individuals who are eligible to receive it. If none of the designated legatees exist at the time of the testator's death, the property and benefit go to the heirs. When there is no hope of finding any of the designated legatees, the specific property becomes the property of the testator's heirs.

If any of the designated legatees exist at the time of the testator's death or afterward, they receive the property and any subsequent legatee shares in it until there is no hope of finding any others. At that point, the specific property and benefit belong to the legatees who exist, and the share of those who have passed away becomes part of their estate.

Article 19

A will is valid for a specific pregnancy under the following conditions:

1. If the testator acknowledges the existence of the pregnancy at the time of the will, with the condition that the child is born alive within the maximum duration of the pregnancy, even if it is less than the time of the will.
2. If the pregnant woman is known to be pregnant due to death or separation, with the condition that the child is born alive within a duration less than the time of the required waiting period.
3. If the testator does not acknowledge the pregnancy, and the pregnant woman is not known to be pregnant due to death or separation, with the condition that the child is born alive within a duration less than the maximum duration of pregnancy, even if it is less than the time of the will.
4. If the will is made for a specific pregnancy from a specific person, it is a requirement for the validity of the will, in addition to the previous conditions, that the lineage of that specific person is proven.

The entitlement of the legatee for the pregnancy ceases from the death of the testator until the separation of the pregnancy while the child is alive, at which point the entitlement is transferred to them. If the pregnant woman gives birth to more than one child, the will is divided equally among them unless the testator specifies otherwise.

Section Three: The Legatee

Article 20

The legatee can be specified or general, individual or a group, or for a benefit.

Article 21

If the will is for a general share in the estate, and there are debts or missing assets, the legatee receives their share from the present assets, and whenever something becomes available, they receive their share in it.

Article 22

If the will is for a specific item or a general share in a specific type of estate, and there are debts or missing assets, the legatee is entitled to their specified bequest if it is taken from the present one-third of the estate. Otherwise, they are entitled to a portion of the one-third, and the remaining portion goes to the heirs. Whenever something becomes available, the legatee is entitled to their share in it up to one-third, provided that it does not harm the heirs. If it harms the heirs, the legatee takes the value of what remains from their share in the one-third of the available assets until their right is fulfilled.

Article 23

If the will is for a specific item or a specific type of estate, and the legatee dies or becomes entitled before the testator, the legatee receives nothing. If only a portion of the specified item or type of estate is lost or becomes entitled, the legatee takes what remains of it if it is taken from the one-third of the estate. Otherwise, they are entitled to a portion of the one-third.

Article 24

If the will is for a shared portion in a specific entity, and the legatee dies or becomes entitled, the legatee receives nothing. If only a portion of the shared portion is lost or becomes entitled, the legatee takes the entire bequest from the remaining portion if it falls within the one-third, provided it does not exceed the one-third.

Article 25

If the will is for a shared portion in a specific type of the testator's property, and the legatee dies or becomes entitled, the legatee receives nothing. If only a portion of the shared portion is lost or becomes entitled, the legatee is entitled to their share in the remaining portion if it is taken from the one-third. Otherwise, they take a portion from it equal to the one-third.

Article 26

If the will is for a share similar to a specific heir from the testator's heirs, the legatee is entitled to a share equivalent to the share of that heir, in addition to the compulsory portion.

Article 27

If the will is for a share equivalent to an unspecified heir from the testator's heirs or a share equivalent to their share, the legatee is entitled to a share equivalent to the share of one of them, in addition to the compulsory portion if the heirs are equal in inheritance. If they are unequal, the legatee is entitled to a share equivalent to the lesser share among them, in addition to the compulsory portion.

Article 28

If the will is for a specific share of an heir or an equivalent share of a specific or unspecified heir, or for a shared portion in the estate, or for a specific item from the estate, or for a specified amount of money equivalent to the legatee's share of the inheritance, with no other bequest, and the one-third is divided between the two bequests if fulfilling both becomes difficult.

Section Four: Provisions regarding increases in the legatee's share

Article 29

If the testator changes the characteristics of the specified item or adds to it an increase, the delivery of the item must be done with the changes, and unless the testator explicitly states a revocation of their bequest, or there is evidence or custom indicating that the intended purpose of the action was to revoke the bequest, the item remains as it is in its new state as per the testator's will.

Article 30

An increase in the legatee's share becomes part of the bequest and is considered as a portion of it:

1. If the increase is within the usual tolerance.
2. If there is evidence indicating that the testator intended to include it in the bequest.
3. If the increased item cannot exist independently.

Article 31

If the increase can exist independently or it is established that the testator did not intend to include it in the bequest, the increase is not considered a bequest, and the legatee and the heirs participate in the specified item with a value equal to the increase.

Chapter Three: Types of Bequests

Section One: Bequest of Benefits

Article 32

The legatee may be granted a benefit or enjoyment of real estate or personal property for a specific or unspecified period.

Article 33

If the bequest is for a benefit with a specified duration, the legatee is entitled to the benefit during that period. If the period ends before the death of the testator, the bequest is terminated. If only a portion of the specified period has elapsed, the legatee is entitled to the benefit for the remaining period.

If the duration is specified but the exact commencement is not, it begins from the time of the testator's death.

Article 34

If the bequest is for an absolute or perpetual benefit or is limited to an indefinite duration, such as the lifetime of the legatee, the estimation of the legatee's benefit is based on the value of the specified item's benefit, considering it as part of the one-third. If the bequest is for benefits for a known specified duration, the bequest is valued based on the value of the benefits alone during the duration of the bequest. This is achieved by the specified item enjoying its benefit first, followed by the specified item being deprived of its benefits for the duration of the bequest. The difference between the two estimations is the portion of the bequest that is taken into consideration as part of the one-third.

Article 35

A bequest for a specified monthly allowance from a specific portion of the estate is considered similar to a bequest for a benefit, and its provisions regarding valuation apply.

A bequest for a stipend from the estate's capital is considered akin to a bequest for specific items. If the designated period for the stipend is short, a specific item is reserved to cover its value during that period, ensuring that the stipend is fulfilled from the item's value if it is not fully covered by its benefits.

If the designated period for the stipend is long or indefinite, a specific item from the estate's assets is reserved to cover its value throughout its various installments. In all cases, the amount reserved to fulfill the stipends should not exceed one-third of the estate, except with the consent of the heirs.

Section Two: Bequest by Designation

Article 36

Taking into account the provisions of Articles 26, 27, 28, and 29, in terms of bequests related to money, designating the heir as someone other than the actual heir is considered a designation of a non-heir as an heir. For example, if someone says, “So-and-so is my heir along with my children or those who inherit from him in my wealth,” the designated individual assumes the status of an heir, receiving what an heir receives, provided it does not exceed one-third. They are not entitled to anything beyond that without the consent of the heirs.

Section Three: Compulsory Bequests

Article 37

If a person dies leaving children, and if the father of those children died before them or alongside them, it is compulsory to allocate a portion of the deceased's estate for the grandchildren of the son and the grandchildren of the grandson. Even if there is only one descendant or more, a bequest is made in an amount equal to what their father would have inherited from his deceased origin during his lifetime, provided that it does not exceed one-third of the estate. If the bequest exceeds this amount, only one-third of the bequest is given to them as a compulsory bequest.

Article 38

The compulsory bequest is divided equally among the eligible recipients, with males receiving a share equivalent to that of females. In this division, any branch of the family is excluded from receiving a portion of the bequest, while each branch takes only the share belonging to their own origin.

Article 39

These grandchildren are not entitled to a compulsory bequest if they are heirs to the paternal or maternal origin, whether the grandfather or grandmother, or if the deceased has made a specific bequest or gifted them during his lifetime an amount equivalent to their share in the compulsory bequest. If what he bequeathed or gifted to them falls short of this amount, they are entitled to receive what was lacking.

Article 40

The compulsory bequest takes precedence over optional bequests when fulfilling the one-third share of the estate.

Chapter Four: Execution or Nullification of Bequests

Section One: Execution of Bequests

Article 41

A valid bequest is executed from one-third of the remaining estate after settling the debts, without requiring the consent of anyone.

Article 42

If the bequest exceeds one-third of the estate, it is not executed for the amount exceeding one-third without the consent of the heirs after the death of the testator, provided that the consenting party has full legal capacity.

Article 43

An excess bequest, even if it encompasses all the wealth of the testator, is executed without requiring the consent of anyone if the testator has no heirs or debts.

Section Two: Conflict of Bequests

Article 44

If the bequests exceed one-third of the estate and are consented to by the heirs, and if the estate cannot fulfill all the bequests or they are not consented to, and if one-third of the estate is not sufficient to fulfill all the bequests, then the estate or the one-third is divided among the bequests based on proportional distribution, provided that the beneficiary receives their specific share only from that particular asset.

Article 45

If the bequest consists of acts of worship (such as charitable deeds) and there are not enough assets to fulfill them, if they are of the same category, they are given equal importance in terms of fulfillment. However, if they vary in importance, the obligatory acts take precedence over the recommended acts.

Section Three: Invalidation of Bequests

Article 46

In addition to the conditions stated earlier regarding the invalidation of bequests as stipulated in this law, a bequest is invalidated in the following cases:

1. The renunciation of the bequest by the testator.
2. The death of the beneficiary during the lifetime of the testator.
3. The impossibility of finding the intended beneficiary if the bequest is for a non-existent party or for a party that will exist in the future.
4. If the beneficiary acquires the status of an heir to the testator unintentionally.
5. The rejection of the bequest by the beneficiary after the death of the testator.
6. If the beneficiary engages in an act that prevents the validity of the bequest, such as committing a crime of intentional aggression or being someone who is not qualified to possess the bequest.
7. The death, consumption, or entitlement of the designated beneficiary.
8. If the bequest is for a non-existent heir at the time of the bequest.

Final Provisions

Article 47

In matters not addressed by specific provisions of this law, the principles of Islamic Sharia that are most suitable to its texts shall be applied.

Article 48

This law shall be published in the Official Gazette and in various media outlets, and shall be effective from the date of its publication.

• General People's Congress
• Issued on 17 Sha'ban 1403 AH,
• corresponding to 29 January 2003 AD.