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Main Page / Legislations / Law no (22) of 2004 Regarding Promulgating the Civil Code / Subchapter Three: Acquisition of Ownership through Death / Inheritance & Liquidation of Estate
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Law no (22) of 2004 Regarding Promulgating the Civil Code

Law Summary Record Type: LawNumber: 22Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 1188Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 08/08/2004 Corresponding to 22/06/1425 HijriPage from: 364
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Inheritance & Liquidation of Estate

  • 973 Article

     
    The provisions of the Islamic Shariah and the relevant laws shall apply to the heirs and the determination of their shares of the estate and the transfer of the assets of the estate to such heirs.

  • 974 Article

     
    1. Where the testator fails to appoint an executor, and any of the concerned parties requests appointment of a liquidator of the estate, the court shall, as applicable, appoint such person as unanimously agreed by the heirs. Where such heirs fail to agree on a liquidator, the court shall appoint the liquidator after hearing statements from as many of the heirs as possible.
    2. The provisions of the special laws shall apply if the heirs include an unborn child, a person without capacity or with deficient capacity, or a person who is absent.

  • 975 Article

     
    1. The appointed liquidator may reject his assignment or withdraw upon its commencement in accordance with the provisions of agency.
    2. The court may, with or without a demand by any concerned party, remove the liquidator and appoint a new liquidator, provided that such removal and substitution is well reasoned.

  • 976 Article

     
    1. Where the testator appoints an executor, the court shall confirm such appointment.
    2. The provisions applicable to a liquidator shall apply to the executor.

  • 977 Article

     
    1. The secretary of the court shall enter on a daily basis in a general register such orders issued to appoint liquidators and to confirm the appointment of executors, including the names of the testators in alphabetical order, as applicable. The margin of the register shall be marked with every order made for the removal and withdrawal of liquidators and executors.
    2. The entry of an order to appoint a liquidator shall be effective against third parties dealing with the heirs in connection with the assets of the estate as provided for in Article 1012 herein.

  • 978 Article

     
    1. The liquidator shall, immediately upon his appointment, receive and liquidate the assets of the estate under control by the court. The liquidator may demand a fair fee from the court upon completion of his assignment.
    2. The liquidation costs shall be applied to the estate and shall take precedence over legal costs.

  • 979 Article

     
     
    The court may, as applicable, take all such urgent precautions to preserve the estate, with or without demand by any of the concerned parties. In particular, the court may order seals be affixed and money, securities and valuable things be deposited.

  • 980 Article

     
     
    The liquidator shall immediately use the money of the estate to pay the costs of the funeral and burial of the dead testator according to such person's social position. The liquidator shall also obtain an order from the court of summary affairs to pay such reasonable amount of the estate to those heirs supported by the testator until the completion of the liquidation process, provided that such amount shall be deducted from the share of the concerned heir.

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