Under Moroccan law most of an estate is divided according to shares fixed by law. A will, called wassiya, offers some freedom within the framework of the Family Code.
The one-third limit
The testator may bequeath up to one third of their assets. Anything beyond that is only carried out if the heirs accept it after the death.
A bequest to an heir is not carried out unless the other heirs consent.
Who can benefit
- A relative who is not a legal heir: nephew, niece, a child taken in under kafala.
- Someone outside the family.
- An association or charity.
The form of the will
A will is best drawn up as an adoul or notarial deed, which limits disputes. A document written by the testator may also be accepted, under conditions.
The testator may amend or revoke the will at any time during their lifetime.
The mandatory bequest for grandchildren
When a person dies leaving grandchildren whose father or mother died before them, the law gives the grandchildren a mandatory bequest (wassiya wajiba), up to one third, matching the share their parent would have received.
Since the 2004 Family Code, this bequest benefits a daughter's children as well as a son's.
The firm's view
A clear will drawn up in the proper form saves the family years of proceedings. It should be reviewed after every major change in circumstances.
Maître Malak Elimani advises on preparing wills and assists heirs in settling estates. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Estates and inheritance
- Inheritance in Morocco: Steps, Heirship Deed and Taxes
- Inheriting property in Morocco: the formalities
- Ending joint ownership after an inheritance in Morocco
- Remote working and the employment contract in Morocco: what to provide for
- Filing a criminal complaint in Morocco: the steps and what happens next
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.