Article 189 of the Saudi Personal Status Law
المادة 189 من نظام الأحوال الشخصية · الفصل الثاني: أركان الوصية وشروطها
The article allows the subject of a bequest to be a tangible thing, a benefit or a right of value, undivided or specified, and an undivided bequest covers all of the testator's property at the time of his death.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يصح في الموصى به أن يكون عيناً أو منفعة أو حقاً متقوماً، شائعاً أو محدداً.
2- إذا كان الموصى به شائعاً شمل جميع أموال الموصي وقت وفاته، ما لم يتفق الورثة مع الموصى له على خلاف ذلك.
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 189 explained in plain English
This article explains what may be bequeathed, and the rule on a bequest of an undivided share.
First: kinds of subject of the bequest. The subject of the bequest may be:
- A tangible thing, such as land or a car.
- A benefit, such as living in a house.
- A right of value, that is, a right with a monetary value.
In all of these it may be undivided, such as a percentage of the property, or specified.
Second: an undivided bequest. If the subject of the bequest is undivided, such as bequeathing a percentage of his property, it covers all of the testator's property at the time of his death, unless the heirs and the beneficiary agree otherwise.
This article completes the conditions for the subject of the bequest in Article 188: that it belong to the testator if specified, exist or be possible to exist, and be lawful. The amount of the will remains limited by Article 190, which makes a will effective within one-third of the estate, makes what exceeds it dependent on the heirs' approval, and carries it out in the share of those among them who approved.
To write a will of a benefit or of an undivided share in clear wording, it is advisable to consult a lawyer specialized in personal status matters.
Practical example
A man made a will leaving a quarter of his property to a charity. His property was then SAR 1,000,000, and at his death it had increased to SAR 2,000,000. The will covers all of his property at the time of his death, unless the heirs and the charity agree otherwise, and subject to the one-third limit in Article 190.
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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Active contributorFrequently asked questions about Article 189 of the Saudi Personal Status Law
Is a will of a benefit, such as living in a house, permitted?
Yes. The subject of the bequest may be a tangible thing, a benefit or a right of value.
If I leave a percentage of my money, is it calculated on my money at the time of the will or at death?
An undivided bequest covers all of the testator's property at the time of his death, unless the heirs and the beneficiary agree otherwise.
Can anything else be agreed in an undivided will?
Yes. The heirs and the beneficiary may agree against the will covering all of the testator's property at the time of his death.
More articles on Bequest (Will)
- Article 169
The article defines a will as a disposition of property by way of gift that takes effect after the testator's death.
الوصية هي تصرف بمال على وجه التبرع مضاف إلى ما بعد موت الموصي.
- Article 170
The article provides that a will is valid whether it is absolute or restricted.
تصح الوصية مطلقة أو مقيدة.
- Article 171
A will is carried out from the testator's estate after paying the costs of preparing the deceased for burial and settling his debts, subject to Article 190 of the Law.
مع مراعاة ما تقضي به المادة (التسعون بعد المائة) من هذا النظام، تنفذ الوصية من تركة الموصي، بعد إخراج نفقات تجهيز الميت وأداء ديونه.
- Article 172
Any ownership-transferring disposition by a person in a death-illness has the rule of a will if it is a gift; if it is an exchange involving favoritism, the amount of favoritism has the rule of a will.
يأخذ كل تصرف ناقل للملكية يصدر من المريض مرض الموت حكم الوصية إذا كان تبرعاً، وإذا كان معاوضةً فيها محاباة فيأخذ قدرُ المحاباة حكمَ الوصية.
- Article 173
The article sets four pillars of a will: the formula, the testator, the beneficiary and the subject of the bequest.
أركان الوصية هي: الصيغة، والموصي، والموصى له، والموصى به.
- Article 174
A will is concluded by words indicating it, spoken or written, and if the person is unable to do either, by an understandable sign.
تنعقد الوصية باللفظ الدال عليها نطقاً أو كتابةً، وعند العجز عنهما فبالإشارة المفهومة.
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.