Writing and documenting a will in Saudi Arabia under the Personal Status Law: validity conditions, the one-third limit, wills in favor of heirs, documentation steps on Najiz, revoking a will, bequeathing a waqf, and mistakes that invalidate a will or start a dispute between heirs.
Many inheritance disputes in court do not start with a disagreement over division, but over a piece of paper: a handwritten will of unknown date, a will exceeding one-third, or a will favoring one child without the others knowing. Writing a will properly and documenting it officially is one of the best things a person can leave their family besides their wealth: clarity that prevents disputes, and a text that is carried out without argument.
In this guide we explain the rules on wills in the Saudi Personal Status Law, the conditions for a valid will, the one-third limit, wills in favor of heirs, the steps to document a will on Najiz, the right to revoke it, the difference between a will, a gift and a waqf, and mistakes that invalidate a will.
What Is a Will, and Which Law Governs It?
The Personal Status Law, issued by Royal Decree No. M/73 in 1443H, defines a will as a disposition of property or rights taking effect after death by way of gift. It takes effect only after the testator's death, and is made gratuitously.
A will may be:
- A bequest of property: an amount, a share of the estate, real estate or shares to a person or a charity.
- A bequest of a waqf: dedicating part of the one-third after death to charity or to descendants.
- A bequest of rights: such as releasing a debtor or acknowledging a debt owed by the testator.
- Appointing a guardian or executor: for minor children or to carry out the will.
Conditions for a Valid Will
| Element | Condition |
|---|---|
| Testator | An adult of sound mind acting freely, not under interdiction for prodigality or debt |
| Subject of the will | Lawful property or rights capable of transfer |
| Beneficiary | Existing at the time of the will or expected to exist, whether a person or an entity |
| Amount | Within one-third of the estate after debts, unless the heirs approve more |
A vague will that does not specify the beneficiary or the amount, such as "I leave part of my wealth to good causes", invites interpretation and dispute. Specify amounts or percentages and name the beneficiaries.
The One-Third Limit and Wills in Favor of Heirs
Wills Within One-Third
A will is not enforced beyond one-third of the estate after debts, unless the adult heirs approve it after the testator's death. If only some heirs approve, the excess is enforced only against their shares. The one-third is calculated at the time of death, not when the will is written, so the estate may grow or shrink.
Wills in Favor of an Heir
A will in favor of an heir is enforced only if the other heirs approve it after death. If a father leaves an extra amount to the son who cared for him in illness, enforcing it depends on his siblings' approval after the father's death. The approval is best made in writing and documented to avoid later withdrawal.
That is why some people use alternatives during their lifetime, such as a documented gift or a waqf, while observing the rules on fairness between children and the Sharia and legal requirements of each. For the rules on gifts, read our guide to gift and donation contracts in Saudi Arabia.
Steps to Document a Will on Najiz
The Ministry of Justice offers the "Document a Will" e-service on the Najiz platform to issue an official will document:
- Log in to Najiz with your National Single Sign-On account.
- Choose "All e-services".
- Choose the "Social Statuses" package.
- Select the "Document a Will" service and start it.
- Enter the details: the applicant, the testator, the will's terms, and the assets, rights and obligations.
- Submit the request, and you will receive an SMS with the request number and date.
The service is also available through an agent. If the will concerns a deceased person, the applicant must be an agent for all heirs, or all heirs must be entered to acknowledge it, and there must be no dispute.
Before you start: draft the will's text precisely before opening the service, estimate what one-third is roughly worth, and identify people and entities by full name and ID. To authorize someone to handle this for you, read our guide to documenting a power of attorney on Najiz.
Revoking and Amending a Will
A will is not binding during the testator's life, so they may revoke all or part of it or amend it at any time while alive and legally capable. The latest will prevails where it conflicts with an earlier one.
It is wise to review your will after major changes: marriage, the birth of children, the death of a beneficiary, the sale of a bequeathed asset, or a significant change in wealth. A bequest of a property that is later sold may lapse if the will is not updated.
Will, Gift or Waqf: Which Suits You?
| Aspect | Will | Gift | Waqf |
|---|---|---|---|
| Takes effect | After death | During life | During life, or after death if made by will |
| Limit | One-third, unless heirs approve | No cap, subject to fairness between children | A waqf by will is within one-third |
| Revocation | Allowed during life | Restricted after delivery | Usually binding once made |
| Best suited for | Giving after death while keeping control | Transferring ownership now | Ongoing charity or protecting an asset for generations |
For those who want to protect family wealth over the long term, the comparison goes beyond wills and waqf to include family funds and holding companies. Read our comparison of legal structures for family wealth preservation, and our guide to waqf in Saudi Arabia: legal framework and investment opportunities.
Mistakes That Invalidate a Will or Start a Dispute Between Heirs
- An undocumented handwritten will whose validity or date is disputed.
- Exceeding one-third without knowing the excess needs the heirs' approval.
- A will in favor of an heir on the assumption it is automatically enforceable.
- General wording that does not identify the beneficiary or amount.
- Bequeathing a specific asset and then selling it without updating the will.
- Not appointing an executor, or a trustee for a bequeathed waqf.
- Ignoring debts, although a will is carried out only after they are paid.
If a dispute arises between heirs after death, it may go to court. For families that own businesses, also read about resolving family disputes in companies.
When Do You Need a Lawyer to Write Your Will?
A simple bequest of an amount to a charity may need nothing more than electronic documentation. But legal advice becomes essential if you have multiple assets or companies, want to create a waqf, fear disputes between heirs, or have minor children:
- To draft and document your will, or establish a waqf by will, see our endowments and wills service and our establishing and documenting endowments service.
- To choose a waqf trustee and define their powers, read about appointing and removing a waqf trustee.
- If a dispute over the will reaches court, request representation before the general court.
- To assess your situation before writing, book an in-office legal consultation.
Frequently Asked Questions
Can a will exceed one-third of the estate?
A will is not enforced beyond one-third of the estate after debts unless the adult heirs approve it after the testator's death, and any excess is enforced only against the shares of the heirs who approve it.
Can I make a will in favor of one of my heirs?
A will in favor of an heir is enforced only if the other heirs approve it after the testator's death. If someone wants to favor an heir, a documented gift during their lifetime or a waqf may be a clearer option, subject to the rules governing each.
How do I document a will on Najiz?
Log in to Najiz with your National Single Sign-On account, go to all e-services, then the Social Statuses package, then the "Document a Will" service, enter the testator's details, the will, and the assets and rights, then submit; you receive the request number by SMS.
Can a will be amended or revoked after it is documented?
Yes. The testator may revoke all or part of the will or amend it at any time while alive, and the latest will prevails where it conflicts with an earlier one.
What is the difference between a will and a waqf?
A will takes effect after death within one-third of the estate and can be revoked during life. A waqf ties up an asset and dedicates its benefit, may take effect during life, and needs a deed and a trustee (nazir) to manage it.
A clear will today protects your family's relationships tomorrow
We help you draft your will precisely within one-third, document it officially, and establish any bequeathed waqf and appoint its trustee, to prevent disputes between heirs.
info@novalegal.sa | Al Sahaba Road, Al-Ishbiliyah District, Riyadh
Conclusion: Writing a Will Is a Responsibility Not to Postpone
Writing a will and documenting it on Najiz is a simple procedure, but its value lies in precise drafting: an amount within one-third, clearly identified beneficiaries, awareness that a will in favor of an heir needs the heirs' approval, and periodic review as circumstances change. That turns the will from a possible cause of dispute into a tool that protects everyone's rights.
The Nova Legal team in Riyadh offers our endowments and wills service, from drafting and documenting wills to establishing and managing waqfs. Address: Al Sahaba Road, Al-Ishbiliyah District, Riyadh – Building 2/2 Al Hamra City, Second Floor, Office 202.