Article 190 of the Saudi Personal Status Law
المادة 190 من نظام الأحوال الشخصية · الفصل الثاني: أركان الوصية وشروطها
A will is carried out within one-third of the estate; what exceeds one-third depends on the heirs' approval and is carried out in the share of those among them who approve it.
Official text (Arabic)
This article has not been amended since the law was issued.
تنفذ الوصية إذا لم تزد على (ثلث) التركة. وإذا زادت الوصية على (الثلث)، فيوقف ما زاد على إجازة الورثة وينفذ منه بقدر نصيب من أجازها منهم.
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 190 explained in plain English
This article sets the limit within which a will takes effect:
- Within one-third: the will is carried out if it does not exceed one-third of the estate.
- What exceeds one-third: it depends on the heirs' approval.
- If some heirs approve and others do not: the excess is carried out in the share of those among them who approved it.
So the excess of a will beyond one-third does not take effect by the testator's will alone, but depends on the position of the heirs, and each heir approves or does not approve within his own share.
This article is linked to the following:
- Article 191, which makes two exceptions to this limit: a will is valid for more than one-third from someone who has no heir, and for more than the share of the husband or wife if there is no heir besides them.
- Article 189, which provides that an undivided bequest covers all of the testator's property at the time of his death, unless the heirs and the beneficiary agree otherwise.
To learn how one-third is calculated in a particular estate, it is advisable to consult a lawyer specialized in personal status matters.
Practical example
A man left half of his estate to a charity, and he has two sons. The will is carried out within one-third, while what exceeds one-third depends on the approval of the two sons; if one of them approves and the other does not, the excess is carried out only in the share of the one who approved.
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 190 of the Saudi Personal Status Law
How much of his money may a person leave in a will?
A will is carried out if it does not exceed one-third of the estate, and what exceeds that depends on the heirs' approval.
What is the rule on a will for more than one-third?
What exceeds one-third depends on the heirs' approval, and is carried out in the share of those among them who approved it.
If some heirs agree to the excess and others refuse, what is the rule?
The excess is carried out in the share of the heirs who approved it.
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.