Article 194 of the Saudi Personal Status Law
المادة 194 من نظام الأحوال الشخصية · الفصل الثاني: أركان الوصية وشروطها
If a will is of an undivided share and the estate includes a debt or absent property, the beneficiary takes his share from what is present, then from whatever becomes present later, unless otherwise agreed.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كانت الوصية بسهم شائع في التركة، وكان منها دين أو مال غائب، استوفى الموصى له سهمه في الحاضر، وكلما حضر شيء استوفى سهمه فيه، 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 194 explained in plain English
This article deals with a practical case: a person bequeaths an undivided share of his estate, such as a quarter or a fifth, and the estate includes a debt or absent property that is not available when the share is taken.
The rule:
- The beneficiary takes his share from the present property.
- Whenever anything becomes present of the debt or absent property, the beneficiary takes his share of it.
- The heirs and the beneficiary may agree otherwise.
This means the beneficiary takes his share from each part of the estate when it becomes present, and does not wait until all the absent property is collected.
This article is linked to the following:
- Article 193, which explains the rules for the return of the bequeathed benefit to the owner of the thing.
- Article 195, which deals with a will of an amount equal to the share of a specified or unspecified heir, and how it is calculated by adding it to the base of the problem, with the shortfall falling on all the heirs.
Anyone facing an estate that includes debts or absent property is advised to consult a lawyer specialized in personal status matters.
Practical example
A man left a fifth of his estate to a charity, and his estate was a sum in his bank account, plus a debt owed to him by a former partner that had not yet been paid. The charity takes a fifth of the present sum, and when the partner pays the debt, it takes a fifth of what is paid as well, unless the heirs agree otherwise with it.
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 194 of the Saudi Personal Status Law
If the estate includes debts not yet collected, how does the beneficiary take his share?
The beneficiary takes his share from the present property, and whenever anything becomes present of the debt or absent property, he takes his share of it.
May the heirs and the beneficiary agree on another method?
Yes. The rule applies unless the heirs and the beneficiary agree otherwise.
Which wills does this rule apply to?
To a will of an undivided share in the estate, if it includes a debt or absent property.
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.