Article 142 of the Saudi Personal Status Law

المادة 142 من نظام الأحوال الشخصية · الفصل الأول: أحكام عامة للوصاية والولاية

Guardianship and executorship are unpaid, unless the testator fixes a customarily acceptable fee for the executor, and the court may, at the guardian's or executor's request, award a reward for specific work or a fee counted from the date of the request.

Official text (Arabic)

This article has not been amended since the law was issued.

تكون الولاية والوصاية بغير أجر، إلا إذا حدد الموصي للوصي أجراً مقبولاً عرفاً، ويجوز للمحكمة -بناء على طلب الولي أو الوصي- أن تقرر له مكافأة عن عمل معين، أو أن تقرر له أجراً على أن يبدأ احتسابه من تاريخ يوم الطلب.

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 142 explained in plain English

This article answers a common question: is a guardian or executor entitled to a fee?

The rule: guardianship and executorship are unpaid.

There are two exceptions to this rule:

A fee fixed by the testator: if the testator fixes a fee for the executor, provided it is customarily acceptable.
A court decision: the court may, at the request of the guardian or executor, award him one of two things:
- a reward for specific work;
- a fee counted from the date of the request.

A practical result of this text is that a fee the court awards is not calculated for the period before the request was submitted, but starts from its date. A guardian or executor who believes he is entitled to a fee should therefore submit his request to the court, because the court awards it only on request.

The article does not fix the amount of the fee or reward, but leaves it to the court, and ties what the testator fixes to custom. The preceding articles, such as Article 141, require that a person's guardianship not be a likely source of harm to the minor's interest. To know how to submit the request, a lawyer specializing in personal status matters can be consulted.

Practical example

An executor has managed orphans' property for 3 years without a fee, and then applied to the court for a fee. If the court awards him a fee, it is counted from the date of the request, not from the start of his executorship.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

How we write and review content

A question about Article 142 of Personal Status Law?

Describe what happened and specialist lawyers answer. You can write in English.