Can I leave my whole estate by will in Saudi Arabia?

No. Article 190 of the Family Law executes a bequest only so far as it does not exceed one third of the estate, and executes the excess only with the approval of the heirs and only against the shares of the heirs who approve. Article 191 makes an exception for a person who has no heirs, and for a bequest exceeding a spouse's share where there are no other heirs.

Can I leave a bequest to one of my heirs?

Article 179 of the Family Law provides that a bequest may not be made in favour of an heir unless the other heirs approve it after the testator's death. Where some heirs approve and others do not, the bequest is fulfilled out of the shares of the approving heirs. Article 190 continues to apply to the one third limit.

Does a Saudi will have to be in writing?

Article 174 of the Family Law provides that a will takes effect if it is expressed verbally or in writing, or by a discernible sign where the testator cannot speak or write. Article 175 allows the testator to modify or rescind it verbally or by conduct at any time, and Article 177(1) provides that a later will does not rescind an earlier one unless the testator declares the rescission.

Last Will and Testament in Saudi Arabia

Wills are codified in Part 6 of the Family Law and operate inside Sharia succession rather than around it. Two rules dominate the drafting: a bequest is executed only up to one third of the estate unless the heirs approve the excess, and a bequest in favour of an heir needs the other heirs' approval after death. Form is not the constraint; a will may be spoken and revoked at any time.

Download the Saudi Arabia drafting checklist (.docx)Where to read Saudi Arabia law

Governing law

Wills are governed by Part 6 of the Family Law, Royal Decree No. M/73 of 9 March 2022, and estates and inheritance by Part 7 of the same Law; Article 251 applies the provisions of Sharia most consistent with the Law where it contains no specific provision.

Family Law, Royal Decree No. M/73 of 9 March 2022, Parts 6 and 7, and Art. 251 (Bureau of Experts official translation, Ministry of Investment)

What a last will and testament has to contain in Saudi Arabia

Article 169 defines a will as the disposition of an estate in the form of a donation taking effect after the testator's death, and Article 170 makes it valid whether absolute or conditional.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 169 and 170 (Bureau of Experts official translation, Ministry of Investment)
Article 176 requires the testator to be an adult of sound mind, and Article 173 identifies the elements of a will as the wording, the testator, the legatee and the legacy.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 173 and 176 (Bureau of Experts official translation, Ministry of Investment)
Article 190 executes a bequest only so far as it does not exceed one third of the estate; the excess is executed only with the heirs' approval and against the approving heirs' shares. Article 191 allows a person with no heirs to exceed the third.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 190 and 191 (Bureau of Experts official translation, Ministry of Investment)
Article 179 provides that a bequest may not be made in favour of an heir unless the other heirs approve after the testator's death; where only some approve, it is satisfied out of their shares.
Family Law, Royal Decree No. M/73 of 9 March 2022, Art. 179 (Bureau of Experts official translation, Ministry of Investment)
Article 171 executes the will only after funeral expenses and payment of debts, and Article 198 orders estate rights as burial expenses, then debts, then the will, then division among the heirs.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 171 and 198 (Bureau of Experts official translation, Ministry of Investment)
Article 178 makes a will valid where the legatee is entitled to own the legacy, whether Muslim or non-Muslim, and Article 180 allows a bequest to a specified person or known unborn child, to a class, or to a legal person permitted to accept bequests.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 178 and 180 (Bureau of Experts official translation, Ministry of Investment)

Form, notarisation and registration

Article 174 gives effect to a will expressed verbally, in writing, or by a discernible sign where the testator cannot speak or write, so writing is not a condition of validity. Article 175 lets the testator modify or rescind it verbally or by conduct.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 174 and 175 (Bureau of Experts official translation, Ministry of Investment)

What catches drafters out

Article 177(1) provides that a later will does not rescind an earlier one unless the testator declares the rescission, and any interested person may establish that a rescission was made.
Family Law, Royal Decree No. M/73 of 9 March 2022, Art. 177(1) (Bureau of Experts official translation, Ministry of Investment)
Article 172 treats a fatally ill person's donation transferring ownership as a bequest, and treats the favoured amount in a compensated disposition involving favouritism as a bequest, bringing such transfers back inside the one-third limit.
Family Law, Royal Decree No. M/73 of 9 March 2022, Art. 172 (Bureau of Experts official translation, Ministry of Investment)
Article 202 provides that, subject to Article 178, persons of different religions may not inherit one another, so a gift across religions has to be structured as a bequest within Articles 179 and 190.
Family Law, Royal Decree No. M/73 of 9 March 2022, Arts. 178 and 202 (Bureau of Experts official translation, Ministry of Investment)