Best Estate Planning Lawyers in Al Falah

About Estate Planning Law in Al Falah, Saudi Arabia

Estate planning in Al Falah is governed by Saudi national law and the principles of Islamic Sharia. Although Al Falah is a neighborhood in Riyadh, the applicable rules are set at the Kingdom level and are administered locally through Riyadh courts, notaries, and government platforms. Core topics include inheritance distribution, wills, gifts, endowments, guardianship of minors, and practical steps for transferring bank accounts, real estate, and company shares after a death. Saudi Arabia relies on Sharia rules for succession, with a will typically limited to one-third of the estate unless all heirs consent to a larger portion. There is no inheritance tax in Saudi Arabia, but debts and obligations must be settled before any distribution. Most documentation and many services are available digitally through the Ministry of Justice and related authorities, though court approvals are required for key steps such as issuing an heirship deed and validating a will.

Why You May Need a Lawyer

You may need a lawyer if you want to write a valid will that fits within Sharia limits, appoint a guardian or executor, or create a trust-like endowment known as a waqf. Legal guidance is especially important for families with complex structures, such as multiple spouses or blended families, for cross-border estates involving assets or heirs outside Saudi Arabia, and for expatriates whose personal laws may differ from Sharia rules. You may also need counsel to transfer real estate, manage company shares and corporate governance after a founder’s death, or to navigate bank procedures that typically freeze accounts upon notification of death until court documents are presented. A lawyer can help you structure lifetime gifts, document loans between relatives, protect a disabled beneficiary, and minimize disputes by ensuring clarity, correct witnessing, and compliance with procedural requirements.

Local Laws Overview

Succession framework. In Saudi Arabia, inheritance is primarily governed by Sharia. Heirs receive fixed shares and residuary portions according to degree of kinship. Spouses, parents, children, and sometimes grandparents and siblings may qualify. Shares are determined case by case under Sharia rules. A surviving spouse and minor children are common scenarios, but variations are many, and polygamous marriages and blended families require extra care.

Wills. A will is permitted up to one-third of the net estate after funeral costs and debts, unless all adult heirs consent to a larger bequest. A will can appoint an executor and can nominate a guardian for minor children, subject to court oversight. Wills are validated by the Personal Status Court, and witnessing must meet legal standards. A will cannot disinherit entitled heirs under Sharia.

Order of payments. Upon death, the estate pays funeral expenses, then outstanding debts and obligations, then carries out valid will bequests up to one-third, and only then distributes the remainder to heirs. An unpaid dower mahr owed to a spouse is treated as a debt and is settled before distribution.

Heirship deed and court process. The Personal Status Court issues an heirship deed that identifies heirs and shares. Additional orders may be needed to administer or distribute specific assets, manage guardianship for minors, or appoint an executor or trustee-like manager of a waqf. Banks and registries require these court documents before releasing funds or changing title.

Banks and financial assets. Banks typically freeze the deceased’s accounts when notified of death and will only release funds upon presentation of a court order. Salaries, end-of-service benefits, insurance proceeds, or pension rights may follow specific rules or plan terms and often require an heirship deed and further court instructions.

Real estate and registries. Real property transfers require court approval and notarial action. Title changes occur through Ministry of Justice systems after verifying the heirship deed and any related orders. If the property is mortgaged or encumbered, the lender’s rights are addressed before distribution.

Companies and business interests. Shares in companies pass to heirs, but corporate documents and Saudi Companies Law may require steps such as partner approvals, amendments to articles, or valuation. A succession plan for management and voting rights can avoid disruption. A waqf or holding structure is often used for continuity.

Gifts and waqf. Lifetime gifts hibah can be used to transfer assets before death and must be properly documented and delivered to be effective. A waqf endowment can hold family assets for long-term stewardship, with rules on beneficiaries and governance, and is supervised under Saudi regulations. Both tools must respect creditors and cannot be used to defraud heirs.

Expatriates and non-Muslims. Saudi courts generally apply Sharia to estates located in the Kingdom. A foreign will may be considered, especially for assets outside Saudi Arabia, but local application can differ. Cross-border estates raise conflict-of-laws issues, and early legal advice is important to coordinate planning in all relevant jurisdictions.

Taxes and fees. There is no inheritance tax in Saudi Arabia. Zakat and tax rules may apply to businesses or estates during administration. Government fees and notarial charges may apply to documentation and registrations.

Powers of attorney and incapacity. A power of attorney terminates upon death. Planning for incapacity may involve guardianship or agency arrangements recognized under Saudi law, with court supervision when personal status rights or minors are involved.

Frequently Asked Questions

What should the family do first after a death in Al Falah

Obtain the death certificate from Civil Affairs and gather key documents such as national IDs and Iqamas, marriage contracts, birth certificates of children, bank and property records, and any will. File an application at the Personal Status Court to issue an heirship deed and any urgent orders such as funeral expense access. Banks and registries will require court documents before releasing assets.

Can I decide freely who gets my property with a will

Not entirely. Under Sharia, a will can dispose of up to one-third of the net estate after debts and funeral costs. The remaining two-thirds must pass to eligible heirs according to Sharia. If all adult heirs consent after death, the will can cover more than one-third. You cannot use a will to disinherit an heir who is entitled under Sharia without their consent.

How are the shares of minor children handled

Minor heirs receive their shares, but the assets are typically managed under guardianship until they reach majority. The court supervises guardianship and may require an inventory, investment safeguards, and periodic reporting. A will can nominate a guardian, and the court decides based on the best interests of the child.

What happens to bank accounts and salaries after death

Banks generally freeze the deceased’s accounts once notified. Funds are released only upon a court order after issuance of the heirship deed. Pending salary, end-of-service benefits, or insurance proceeds may have special procedures, but generally require the heirship deed and court instructions to be paid to the entitled persons.

Is there inheritance tax in Saudi Arabia

No. Saudi Arabia does not impose inheritance tax. Business activities may still be subject to zakat or tax during administration, and standard government and court fees can apply to documentation and transfers.

Can expatriates and non-Muslims make wills in Saudi Arabia

Yes, but local application may differ. Saudi courts generally apply Sharia to estates in the Kingdom. A foreign will can be useful for assets outside Saudi Arabia or to express wishes, but it may not override Sharia for Saudi-situs assets. Cross-border coordination is important, and legal advice in all relevant jurisdictions is recommended.

What is a waqf and when should I use it

A waqf is an endowment that holds assets for specified beneficiaries or charitable purposes under defined rules. Families use waqf structures to preserve businesses or real estate over generations, provide steady benefits to family members, and reduce conflict. A waqf must comply with Saudi regulations and is subject to oversight. It does not eliminate creditors’ rights or lawful heirship.

Can I give property to my children during my lifetime

Yes. Lifetime gifts hibah are allowed if properly documented and delivered. Parents should observe fairness among children and avoid gifts that prejudice creditors or are intended to evade lawful heirship rights. Clear documentation and actual transfer of possession are essential to avoid later disputes.

How long does the court process typically take

Timeframes vary by case complexity, completeness of documents, and court workload. Simple heirship deeds can be issued relatively quickly once papers are in order. Matters involving minors, real estate transfers, business holdings, or disputes can take longer. Using complete documentation and legal representation reduces delays.

How can I keep the family business stable after the founder’s death

Plan in advance through a shareholders’ agreement, updated company articles, a will that appoints an executor, or a waqf or holding structure with clear governance rules. Ensure signatory authority, banking mandates, and board succession plans are documented so operations continue lawfully while the estate is administered.

Additional Resources

Ministry of Justice Najiz platform for court and notarial e-services, including heirship applications, documentation requests, and real estate procedures.

Personal Status Court in Riyadh for heirship deeds, will validation, guardianship orders, and estate-related rulings.

Public Notary offices and e-notarization services for witnessing and documentation of powers of attorney, real estate instruments, and certain declarations.

General Authority for Awqaf for guidance on establishing and supervising family or charitable endowments.

Saudi Central Bank for banking conduct standards and guidance that financial institutions follow when handling accounts after a death.

Civil Affairs under the Ministry of Interior for issuance of death certificates and updates to civil records.

Ministry of Commerce for company registry matters, including changes to shareholders and corporate documentation after an owner’s death.

Qualified Saudi law firms and legal consultants in Riyadh experienced in inheritance, family business, and cross-border estate planning.

Next Steps

Clarify your goals. Decide what you want to protect, who should benefit, and who should manage your affairs. Consider minor children, elderly parents, and any dependents with special needs.

Take inventory. List real estate, bank accounts, investments, business interests, vehicles, valuables, digital assets, and debts. Note where documents are kept and who has access.

Consult a lawyer. Discuss a Sharia-compliant will, appointment of an executor and guardian, lifetime gifts, and whether a waqf or corporate structure suits your family and business. Address cross-border assets if you are an expatriate or own property abroad.

Document properly. Prepare a will within the one-third rule, execute required notarial acts, and align company documents and bank mandates. Keep records of gifts and loans to avoid future disputes.

Coordinate beneficiaries. Match your estate plan with beneficiary designations on pensions, insurance, and business agreements, and ensure they do not conflict with Sharia or court requirements.

Organize access. Maintain secure copies of IDs, marriage and birth certificates, property deeds, account details, and your will. Tell your executor where documents are stored.

Review regularly. Update your plan after major life events such as marriage, birth of a child, divorce, acquisition of significant assets, or business changes.

If a death has occurred, collect documents, apply for the heirship deed at the Personal Status Court, and seek orders to release funds and transfer titles. A local lawyer in Riyadh can guide you through each procedural step to achieve a timely and lawful distribution.