Article 26 of the Saudi Minors' Property Guardianship Law
المادة 26 من نظام الولاية على أموال القاصرين
The article extends the bar on dealing in Article 25 to the partners of a person under interdiction, an absentee and a person with no known heir, from the date of the judgment.
Official text (Arabic)
This article has not been amended since the law was issued.
تسري أحكام المادة (الخامسة والعشرين) من هذا النظام على شركاء المحجور عليه أو الغائب أو من لا يعرف له وارث من تاريخ الحكم بالحجر أو بثبوت الغيبة أو بثبوت عدم ظهور وارث. وتسري المدة المنصوص عليها في المادة (الخامسة والعشرين) من هذا النظام من تاريخ صدور الحكم.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 26 explained in plain English
This article carries the protection in Article 25 over to cases other than the death of someone who left minors or an unborn child.
A reminder of Article 25's rule: it bars the heirs and others and the partners of a person who died leaving minors or an unborn child from dealing in the estate's funds or the jointly owned property until the Authority's inventory, makes any dealing in this period without written permission from the competent department of the Authority void, and sets the inventory within three months.
Whom does this article cover? The partners of:
- A person under interdiction.
- Or an absentee.
- Or a person with no known heir.
From when does the bar begin? From the date of the judgment of interdiction, or of the establishment of absence, or of the establishment that no heir has appeared; not from the date of death as in Article 25.
Calculating the period: the period provided for in Article 25 runs from the date the judgment is issued.
This means that someone who co-owns property with a person against whom a judgment of interdiction or of established absence has been issued may not deal in the jointly owned property after the judgment except with written permission from the competent department of the Authority.
After it comes Article 27, which requires the Authority, if it fears the loss of a right or dealing in the funds while a request for guardianship, its removal or its suspension is pending, to ask the court for permission to take precautionary measures.
Anyone who is a partner in funds of this kind can consult a lawyer who specializes in personal status and estates.
Practical example
Majed owns a shop in Jeddah in equal shares with a partner against whom a judgment of established absence has been issued. From the date of the judgment Majed may not deal in the jointly owned shop, for example by selling or mortgaging it, except with written permission from the competent department of the Authority; otherwise his dealing is void.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 26 of the Saudi Minors' Property Guardianship Law
Can one deal in property co-owned with an absentee?
After the judgment of established absence is issued, the provisions of Article 25 apply, so one may not deal in the jointly owned property until the Authority has inventoried it except with its written permission.
From when is the bar on dealing in the funds of a person under interdiction counted?
From the date of the judgment of interdiction; the period provided for in Article 25 runs from the date the judgment is issued.
Articles this article refers to
More articles on Inventory of a Minor's Estate
- Article 24
The article requires the Authority, on receipt of the heirs' inventory or the notifications, to protect covered persons' rights and inventory their funds, rights and obligations, and allows it to check their residences in the presence of the heirs or an official.
تقوم الهيئة عند ورود حصر الورثة أو البلاغات المنصوص عليها في المواد السابقة باتخاذ الإجراءات اللازمة للمحافظة على حقوق المشمولين بهذا النظام وحصر أموالهم الثابت
- Article 25
The article bars heirs and partners from dealing with the estate of anyone who died leaving minors or an unborn child from the date of death until the Authority's inventory, makes any dealing without written permission void, and sets the inventory at three months.
لا يجوز لأي من الورثة أو غيرهم أو شركاء المتوفى عن قصر أو حمل المشمولين بهذا النظام التصرف في أموال التركة أو المال المشترك اعتباراً من تاريخ الوفاة وحتى حصر ال
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.