Best Will & Testament Lawyers in Al Falah

About Will & Testament Law in Al Falah, Saudi Arabia

In Al Falah - a neighborhood within Riyadh - wills and estates are governed by Saudi national law. Core rules come from Islamic Sharia as applied by the Personal Status Courts, supported by modern statutes and Ministry of Justice procedures. A will can direct certain gifts and appoint an executor, but distribution of the majority of the estate follows mandatory Sharia shares for eligible heirs unless the heirs consent otherwise. The Personal Status Court in Riyadh oversees probate, approves executors, issues heirship certificates, and validates wills. Many services are now offered through the Ministry of Justice digital system known locally as Najiz, and notarial services are available at public notaries in and around Al Falah.

Why You May Need a Lawyer

Saudi inheritance rules are highly structured. A lawyer can help you plan and avoid disputes by making sure your will respects the one-third limit for bequests and the mandatory shares for heirs. If you have minor children, a lawyer can draft clear provisions to nominate a guardian and an executor in a way the court is likely to accept. If you are an expatriate or have assets in more than one country, a lawyer can coordinate mirror wills, legalized translations, and cross-border probate so your wishes are actually carried out. If you own a business, real estate, or have a family enterprise, counsel can structure a waqf or lifetime gifts to meet your goals without violating public policy. After a death, a lawyer assists heirs to obtain the heirship deed, file for probate, settle debts, transfer title to real estate and shares, and handle bank releases swiftly and in compliance with court orders.

Local Laws Overview

Capacity and formality - The testator must be of sound mind and of legal capacity. Written wills are standard. Courts may consider oral wills with proper testimony, but a written and notarized will is strongly preferred for speed and certainty. Two competent witnesses are customary for attestation, and documents for court use must be in Arabic or accompanied by a certified Arabic translation.

One-third rule - A will may dispose of up to one-third of the net estate to non-heirs or for charitable purposes. Anything above one-third requires the informed consent of the heirs after the testator passes. Bequests in favor of legal heirs generally require the consent of the other heirs after death.

Mandatory shares - After funeral costs and debts are paid, the balance of the estate is distributed to Quranic heirs by fixed shares and residuary rules. Disinheritance of a qualifying heir is not permitted. Any clause that seeks to defeat a mandatory share will be disregarded by the court.

Debts and obligations - Debts, court-ordered obligations, and funeral expenses are satisfied before any bequests or distributions. If the estate is insolvent, bequests fail and heirs take nothing until debts are cleared.

Executors and guardians - A will can nominate an executor to administer the estate and can propose a guardian for minor children. The Personal Status Court confirms these appointments and may alter them if the appointment conflicts with the child’s best interests or legal guardianship rules.

Foreigners and cross-border estates - Expatriates can make wills in Saudi Arabia. Foreign wills can be recognized if properly legalized, translated into Arabic, and proven. Saudi courts will apply local public policy, including the one-third limit and mandatory shares, when administering assets in the Kingdom.

Real estate and business assets - Transfers of Saudi real property, vehicles, and commercial shares require court documentation and registry updates. Some asset classes may need additional regulatory approvals or company procedures.

Taxes and fees - Saudi Arabia does not impose inheritance or estate taxes. Routine court fees, notary fees, translation costs, and a real estate transaction tax on property transfers may apply depending on the situation.

Lifetime gifts and waqf - Lifetime gifts are allowed but may be scrutinized if made during a death-illness or to evade heirs’ rights. A charitable endowment waqf can be created during life or by will and is subject to Saudi awqaf regulations and registration practices.

Frequently Asked Questions

Who can make a will in Saudi Arabia?

Any adult of sound mind can make a will. Non-Saudi residents can also make a will for assets located in the Kingdom. Clarity, proper witnessing, and notarization improve enforceability.

How much of my estate can I freely give by will?

You can freely bequeath up to one-third of your net estate to non-heirs or charities. Any bequest to a legal heir or any amount beyond one-third generally requires the informed consent of the other heirs after your death.

What happens if I die without a will?

The Personal Status Court applies Sharia succession. After paying debts and funeral expenses, the court identifies the heirs and allocates fixed shares. Non-heirs and charities do not receive anything without a valid will or endowment.

Can I disinherit an heir?

No. Mandatory heir shares are protected. A clause that attempts to disinherit a qualifying heir will be ineffective, and the court will still grant that heir the lawful share.

Is a foreign will recognized in Al Falah - Riyadh?

Yes, subject to Saudi requirements. The will must be legalized as needed, translated into Arabic by a certified translator, and proven in the Personal Status Court. Local public policy will still apply, including the one-third rule.

Do I need witnesses or notarization?

Witnesses are customary and important for proof. Notarization by a Saudi notary or through official e-notarization significantly reduces disputes and speeds probate. Unwitnessed or informal wills risk delay or rejection.

How are debts handled?

Debts, court judgments, and funeral expenses are paid first. Only the remaining balance is available for bequests and heir distributions. If liabilities exceed assets, bequests do not take effect.

How are minor children protected?

You can nominate a guardian and an executor in your will. The court confirms appointments and prioritizes the child’s welfare. Custody and guardianship may be split based on law and best interests.

Are digital assets and bank accounts covered?

Yes. Include clear instructions and lawful beneficiaries in your will and provide secure access details to your executor. Banks will release funds upon court orders, heirship deeds, and completion of required procedures.

How long does probate take in Riyadh?

Simple estates can move from heirship deed to distribution in a few months. Contested estates, cross-border assets, or complex property holdings can extend the timeline. Properly prepared documents and a notarized will help shorten the process.

Additional Resources

Ministry of Justice - Najiz e-services for personal status, probate applications, and notarial services.

Personal Status Court in Riyadh - Oversees heirship deeds, will validation, executor appointments, and distribution orders.

Public Notary Offices in and near Al Falah - For notarization of wills, declarations, and related documents.

Ministry of Foreign Affairs - For document legalization and attestations, especially for expatriates and cross-border estates.

Certified Arabic Translators - For official translations of foreign wills and supporting papers.

General Authority for Awqaf - Guidance on establishing and registering a charitable endowment waqf.

Your Embassy or Consulate - Practical guidance for nationals on will formats, consular attestations, and coordination with home-country procedures.

Next Steps

Clarify your objectives - list your family members, assets, debts, charitable goals, and any guardianship wishes for minors. Note any assets held outside Saudi Arabia.

Gather documents - identification, marriage and birth certificates, property deeds, company documents, bank and investment statements, and any prior wills or endowment deeds.

Consult a local lawyer - request a will that complies with Saudi rules, addresses the one-third limit, nominates an executor and guardian, and coordinates with any foreign will to avoid conflicts.

Formalize the will - arrange proper witnessing and notarization through a public notary or approved e-notarization. Ensure the final text is in Arabic or has a certified Arabic translation.

Coordinate assets - update beneficiary designations where appropriate, inventory assets for your executor, and prepare secure instructions for accessing digital accounts.

Inform trusted persons - let your nominated executor know where the original will is stored and which court or notary handled it.

Review periodically - revisit your will after major life events such as marriage, divorce, births, deaths, or significant asset changes, and update notarization if needed.

If a death has occurred - engage a lawyer to obtain the death certificate, apply for the heirship deed, present the will for validation, settle debts, and implement distributions under court supervision.