How to Write a Will in Saudi Arabia as an Expat

Most expats in Saudi Arabia do not have a will that is recognized by the Saudi legal system. Many assume their home-country will covers everything. It does not — at least not for assets physically located in the Kingdom. Here is what you need to know about creating a will that actually works in Saudi Arabia.

The One-Third Rule

Under Saudi law, a will (wasiyyah) can only dispose of a maximum of one-third of the total estate. The remaining two-thirds must be distributed according to the Sharia faraid system, which assigns mandatory shares to prescribed heirs based on kinship.

There is an additional restriction: the one-third that you can bequeath must go to non-heirs only. You cannot use your will to give extra to your spouse, increase one child's share, or redirect inheritance to a favourite relative who already qualifies as a Sharia heir. Any bequest to an existing heir is legally void — unless every other surviving heir explicitly consents after your death.

Non-Muslim Expats: The 2022 Personal Status Law

The 2022 Personal Status Law introduced a provision that theoretically allows non-Muslim expats to have their Saudi-based assets governed by a personal will rather than Sharia faraid rules. In principle, this means a British or American expat could leave their entire Saudi estate to their spouse.

In practice, the requirements are exceptionally difficult to meet:

• The will must be formally registered with the Saudi Personal Status Court, or
• The will must be witnessed in writing by two adult Muslims

Without meeting either condition, Saudi courts default to Sharia intestacy rules — which means your assets get distributed according to faraid shares, potentially disinheriting people you intended to protect (unmarried partners, stepchildren, distant relatives).

Very few expats know about this registration option, and fewer still follow through. If you are a non-Muslim expat with significant assets in Saudi Arabia, registering a local will should be a priority.

Muslim Expats: Sharia-Compliant Wills

Muslim expats are subject to the standard Sharia rules without exception. The faraid shares are non-negotiable, and the wasiyyah is limited to one-third for non-heirs. A Sharia-compliant will in Saudi Arabia is primarily useful for:

• Designating a preferred executor or guardian
• Making charitable bequests (to mosques, foundations, or educational institutions) within the one-third limit
• Specifying funeral and burial preferences
• Documenting debts that must be settled before distribution

The will should be clear about which assets are located in Saudi Arabia versus other jurisdictions, since different countries' inheritance laws may apply to assets held outside the Kingdom.

What Happens Without a Will

If an expat dies in Saudi Arabia without any registered will, the default outcome is full Sharia intestacy:

• Assets are divided according to faraid shares among prescribed heirs
• Unmarried partners receive nothing (Sharia does not recognize cohabitation or unmarried partnerships)
• Stepchildren receive nothing (no blood or Islamic legal kinship)
• Adopted children receive nothing under Sharia (Islamic law does not recognize adoption in the Western sense, though kafala arrangements exist)
• Non-Muslim relatives cannot inherit from a Muslim relative through faraid — they can only receive assets through a bequest (wasiyyah), which does not exist if there is no will

For expats with blended families, unmarried partners, or cross-religious marriages, dying without a Saudi-registered will is the highest-risk scenario.

Dual-Will Strategy

Many international estate planners recommend a dual-will approach for expats in Saudi Arabia:

1. A home-country will covering all assets outside Saudi Arabia, governed by the laws of your domicile
2. A Saudi-registered will covering assets within the Kingdom, either complying with Sharia rules or (for non-Muslims) attempting to invoke the 2022 Personal Status Law exemption

The two wills must be carefully coordinated so they do not accidentally revoke each other. Each should explicitly state that it applies only to assets within its designated jurisdiction.

Get Expert Templates and Guidance

The Saudi Arabia Expat Death Guide includes a will registration roadmap, Sharia inheritance reference chart, and practical templates for expat families — whether you are planning ahead or settling an estate where no will exists.

See more Saudi Arabia guides →