---

name: draft-will
description: Use when drafting a will or testament for a client whose estate spans MENA jurisdictions. MENA personal-status law is heavily fragmented by religion and confession — the applicable rules for succession depend on whether the testator is Muslim (Sunni, Shia, Druze) or non-Muslim (Christian, civil), and on the jurisdiction of immovable property. Must identify the testator's religion and jurisdiction before proceeding. Flags the Sharia limitation on testamentary freedom (one-third rule), the DIFC Wills Service Centre for UAE-resident non-Muslims, and the mandatory multi-will requirement for immovables in multiple jurisdictions.
license: MIT
metadata:
id: draft.will
category: draft
practice_area: estate-personal-status
jurisdictions: [LB, UAE, DIFC, KSA, EG, UK, FR, GCC]
priority: P0
intent: [will, testament, succession, وصية, estate planning, inheritance]
related: [safety-medical-tax-financial-out-of-scope, kb-family-law-lb-personal-status, kb-shariah-finance-aaoifi, router-escalation]
source: Louis — HAQQ Legal AI (github.com/sboghossian/mini-claude-for-legal)
version: "1.0"

Will / Testament

Drafting a will in the MENA context requires more preliminary fact-finding than almost any other document type, because the applicable substantive law — including the fundamental question of whether the testator has freedom to deviate from statutory inheritance rules at all — depends on the testator's religion and confession, not merely their nationality or domicile. Getting the religion/civil-status question wrong produces a legally invalid or unenforceable will.

Always flag the jurisdiction-religion interaction to the client before drafting. Always advise lawyer review before execution.

When to use this

• A UAE-resident expatriate (non-Muslim or Muslim) wants to ensure their estate is distributed according to their wishes
• A Lebanese national (any confession) wants to formalize succession arrangements
• A KSA national or resident Muslim wants to set up a valid testament within the Sharia framework
• Any individual with immovable property in multiple jurisdictions who needs coordinated wills
• Pre-planning for a client undergoing a significant transaction or life event (investment, marriage, new child)

Required inputs

Input	Why it matters	Default
Testator: full name, ID/passport number	Legal identification; must match government records	Must provide
Religion / confession (or "civil")	Determines the applicable personal-status regime entirely	Must establish before proceeding
Marital status, surviving spouse, children	Affects mandatory heir shares (fara'id) and testamentary capacity	Must provide
Jurisdiction of habitual residence	Determines which courts have jurisdiction	Must provide
Jurisdiction of each immovable property	Immovables are governed by the law of the property's location (lex situs)	Must identify all real property and its location
Beneficiaries with intended shares	What the testator wants	Must provide; subject to applicable law constraints
Executor (and alternates)	Person/entity responsible for administering the estate	Must provide; alternates are essential

Optional inputs

• Specific bequests (jewelry, vehicles, art, digital assets)
• Guardianship appointment for minor children
• Funeral and burial instructions (advisory, not legally binding in most systems)
• Trust structures (where applicable — more common in common-law jurisdictions)

Religion / Confession Determines Applicable Law

This is the foundational question. Do not proceed without confirming the answer with the client.

Lebanon — 18 official confessions

Lebanon has 18 officially recognized religious communities, each with its own personal-status court and succession rules:

Sunni and Shia Muslims:

• Sunni: Islamic inheritance rules per the Personal Status Law for Sunni Muslims
• Shia: Shia personal status law (Ja'fari courts); similar framework with some differences in specific heir shares
• Testamentary freedom limited to one-third (1/3) of the estate for non-heir beneficiaries
• Bequests to heirs (persons already entitled to a Quranic share) are valid only with the consent of all other heirs

Druze:

• Governed by Druze personal-status rules; inheritance framework distinct from Sunni/Shia
• Testament must comply with Druze community rules

Maronite / Greek Orthodox / Roman Catholic / Armenian / other Christian confessions:

• Each denomination has its own ecclesiastical personal-status court (Maronite, Greek Orthodox, Greek Catholic, Syriac, Armenian, etc.)
• Generally broader testamentary freedom than Islamic rules; testator can distribute the estate freely (subject to any mandatory shares for forced heirs under applicable ecclesiastical code)
• Specific rules vary by denomination; ascertain which court has jurisdiction

Civil residents with no recognized religious status:

• Lebanese law currently has no codified civil personal-status regime for Lebanese nationals
• Many who have left the confessional system opt for civil marriages abroad (typically France or Cyprus) and inherit through the applicable foreign civil law mechanism
• This is a legally complex area; specialist Lebanese civil law counsel is essential

KSA — Sharia applies to all Muslims

Saudi Arabia applies Sharia law (Sunni Hanbali school) to all succession matters for Muslims:

• Fixed shares (fara'id) for Quranic heirs (spouse, children, parents, siblings — in specific proportions)
• Testamentary freedom limited to 1/3 of the estate; the remaining 2/3 are distributed by fara'id rules
• Bequests to existing heirs: invalid without consent of all other heirs (a bequest cannot be used to give an heir more than their Quranic share)
• Non-Muslims in KSA: foreign nationals may have succession governed by their home country's law; complex and requires specialist advice

UAE — Dual regime since 2022

Federal Law 41/2022 on Personal Status for Non-Muslims in the UAE:

• Non-Muslim UAE residents can now opt into a civil personal-status regime that mirrors international civil law standards
• This includes civil-law inheritance with full testamentary freedom (no fara'id)
• Wills under this regime can be registered with the Abu Dhabi Judicial Department (ADJD) for Abu Dhabi residents or the DIFC Wills Service Centre for Dubai/Northern Emirates residents

DIFC Wills Service Centre:

• Non-Muslim expatriates in the UAE can register an English-law-style will with the DIFC Wills Service Centre
• DIFC wills can cover UAE-based assets (bank accounts, real estate in Dubai and other Emirates, company shares)
• The DIFC Probate Registry administers the estate on death; DIFC courts enforce the will
• Available to individuals of any nationality; not limited to UAE residents (though resident or UAE-based assets are the primary use case)
• Registration requires: testator's passport, UAE visa, a will document prepared by a DIFC-approved will draftsman

Muslims in UAE:

• Default to Sharia for succession unless specific non-Muslim Civil Personal Status Law applies (only for non-Muslims)
• UAE non-Muslims who are Muslim by background but do not practice or do not wish to be governed by Sharia should confirm their legal position under UAE law carefully

Egypt

• Muslims: Sharia-based succession; fara'id apply; 1/3 testamentary rule
• Non-Muslims (Coptic Christian, other): Coptic Personal Status Law for Coptic Christians; other communities have their own laws
• Foreign nationals: nationality law may apply for movables; Egyptian law for immovables located in Egypt

Sharia Inheritance Fundamentals (For Muslim Testators)

If the testator is Muslim in any MENA jurisdiction, the following principles apply:

Fara'id (fixed shares):
The Quran mandates fixed inheritance shares for specific relatives (called Quranic heirs or asab). These cannot be altered by will. Common shares include:

• Surviving spouse: 1/8 (with children) or 1/4 (without children) — wife's share; 1/4 (with children) or 1/2 (without children) — husband's share
• Daughters: 1/2 (only daughter) or 2/3 (multiple daughters) if no sons
• Sons: residual after daughters' share (principle of 'asaba / residue)
• Parents: specific shares depending on surviving children

Note: The specific shares vary between Sunni schools (Hanbali, Hanafi, Maliki, Shafi'i) and Shia schools; the applicable school depends on the testator's tradition.

The 1/3 rule (wasiyya):
A Muslim testator may leave up to 1/3 of their estate by will to persons who are not entitled to a Quranic share (non-heirs, charities, specific bequests). The remaining 2/3 is distributed by fara'id rules.

Bequests to heirs:
A bequest cannot be made to a person who is already an heir (entitled to a Quranic share) unless all other heirs consent after the testator's death. This cannot be pre-agreed in the will.

Trusts and foundations:
Islamic law does not have a concept of a trust in the common-law sense. Islamic finance equivalent is the waqf (endowment); a waqf can provide for ongoing distributions from income while preserving the asset. Waqfs are administered under specific rules (often by religious authorities) and are not a simple substitute for a trust.

For further detail, see [[kb-shariah-finance-aaoifi]] and [[heuristic-shariah-compliance-check-when-relevant]].

Civil Law / Non-Muslim Framework

Broader testamentary freedom applies. The standard will:

• Identifies the testator and revokes prior wills
• Appoints an executor (and alternates)
• Makes specific bequests (named items to named people)
• Residuary clause: all remaining assets go to [named residuary beneficiaries] in [stated proportions]
• Guardianship clause (if minor children exist)
• Witness or notarial execution as required

Form Requirements by Jurisdiction

Jurisdiction	Muslim	Non-Muslim
Lebanon	Handwritten (olographe) + date + signature; or witnessed will (2 witnesses); or notarial	Same forms available; specific ecclesiastical form if required by denomination
UAE — DIFC	N/A (only for non-Muslims)	Registered with DIFC Wills Service Centre; must comply with DIFC Wills and Probate Registry Rules
UAE — onshore (Federal Law 41/2022)	Fara'id applies; wasiyya of up to 1/3 by notarized will	Abu Dhabi Judicial Department registration available
KSA	Notarized via Notary Public; compliant with Hanbali Sharia requirements	Foreign nationals: complex; specialist advice required
Egypt	Notarized; must comply with Hanafi rules (for Sunni Muslims)	Coptic and other communities: follow respective personal-status law
UK	Testamentary freedom; 2 witnesses present at signature	Same
France	Olographe (entirely handwritten + dated + signed) or notarial	Same

Document Structure (Standard Civil-Law / Non-Muslim Will)

1. Identification of testator — full name; national ID / passport number; address; religion ("I declare that I am of [denomination] and this will is made under [applicable personal-status law / civil law]")
2. Revocation clause — "I revoke all prior wills and testamentary dispositions made by me"
3. Appointment of executor — primary executor (full name, relationship, contact); alternate executor (in case primary is unable or unwilling to act); grant of authority to executor
4. Guardianship of minor children (if applicable) — appoint guardian with alternates; confirm consent of guardian where available
5. Specific bequests — itemized list of specific assets (real property by land registry description; bank accounts by account number; vehicles by registration; jewelry with description) to named beneficiaries; contingency: if beneficiary predeceases, the bequest falls into the residue or passes to an alternate beneficiary
6. Residuary clause — all remaining assets pass to [named beneficiaries] in [stated proportions, e.g., 50/50, or all to spouse]; contingency: if no residuary beneficiary survives, pass to [alternates / charity]
7. Funeral / burial instructions — advisory only in most jurisdictions (not legally binding); may express religious / cultural preferences
8. Witness / notarization block — signed in the presence of [two] disinterested witnesses who also sign; or before a notary; or both as required by the applicable jurisdiction

Standard Sections for Muslim Will (Wasiyya)

1. Identification of testator + declaration of Islamic faith
2. Revocation of prior wills
3. Declaration that fara'id will apply to the estate as determined by [Sunni Hanbali / applicable school] rules
4. Wasiyya bequests (up to 1/3 of estate): specific bequests to non-heirs (charities, named persons who are not Quranic heirs)
5. Appointment of executor to carry out the wasiyya and to assist in distributing the remainder per fara'id
6. Funeral / burial wishes (according to Islamic practice)
7. Witness / notarization block (as required by applicable jurisdiction)

Critical Flags

Always escalate for lawyer review

This is a high-stakes document — errors are discovered only when the testator has died and cannot be corrected. Even where the AI has drafted a clean will, the client should have it reviewed by a qualified estate lawyer before execution. See [[router-escalation]].

Multi-jurisdiction immovables require multiple coordinated wills

A testator with real estate in Lebanon, UAE, and France needs three separate wills — one for each jurisdiction governing the real property there (lex situs principle). The wills must be coordinated to:

• Not revoke each other (use jurisdiction-specific revocation: "I revoke all prior wills made in Lebanon" rather than "I revoke all prior wills")
• Be consistent about the residuary estate
• Avoid double-counting assets in more than one will's residuary clause

Digital assets

Most wills drafted in 2024 do not address digital assets (crypto wallets, digital accounts, online businesses, NFTs). If the testator has material digital assets, address them specifically:

• Where are the private keys / access credentials held?
• How should they be valued?
• To whom do they pass?

Beneficiary predeceasing the testator

Always include contingency clauses: if a named beneficiary dies before the testator, what happens to that share? Options: (a) pass to the beneficiary's descendants (per stirpes); (b) pass to other named beneficiaries; (c) pass to the residue. Without a contingency, the bequest lapses and may create intestacy for that portion.

Related skills

• [[safety-medical-tax-financial-out-of-scope]]
• [[kb-family-law-lb-personal-status]]
• [[kb-shariah-finance-aaoifi]]
• [[router-escalation]]