Estates and inheritance
The firm assists heirs in settling estates under the Family Code: certificate of inheritance, inventory of assets, amicable or court-ordered division and transfer of real estate. We also help prevent family disputes and plan the transfer of assets during one's lifetime, in line with the legal rules.
What the firm does
- Obtaining the certificate of inheritance (rasm al irtha) from the adouls
- Inventory of the deceased's assets, debts and bank accounts
- Amicable division between heirs and drafting of the agreement
- Court-ordered division and ending joint ownership
- Transfer of real estate and registration on the land title
- Wills (wasiyya) and the mandatory bequest in favour of grandchildren
- Challenging a sale or gift made to the detriment of the heirs
- Estates involving assets or heirs abroad
If this is your situation
A parent has died and you do not know where to start.
One heir is occupying or using an estate property alone.
The heirs cannot agree on the division.
You live abroad and need to deal with an estate in Morocco.
You want to plan the transfer of your assets.
How a matter unfolds
- 1
Identification
We identify the heirs, the assets and the debts, and have the certificate of inheritance drawn up if necessary.
- 2
Status of the assets
We check the land titles, accounts and deeds to establish the exact legal status of each asset.
- 3
Amicable division
We propose a draft division in line with the legal shares and assist with the signing of the agreement between heirs.
- 4
Court-ordered division
If no agreement is reached, we go to court to obtain the division, the auction of an indivisible property or an account of income, and then follow enforcement.
Reference texts
- Family CodeLaw No. 70-03 enacted by Dahir No. 1-04-22 of 3 February 2004
- Real Rights CodeLaw No. 39-08 enacted by Dahir No. 1-11-178 of 22 November 2011
- Land RegistrationLaw No. 14-07 amending and supplementing the Dahir of 12 August 1913 on land registration
- Code of Civil ProcedureDahir having force of law No. 1-74-447 of 28 September 1974 approving the Code of Civil Procedure
Frequently asked questions
What are the steps of an inheritance in Morocco?
The process begins with the certificate of inheritance, drawn up by adouls on the basis of witness statements, which identifies the heirs. The assets are then listed, funeral costs, debts and any bequests are settled, and the remainder is divided according to the shares set by the Family Code. For registered properties, the heirs' rights are entered at the land registry.
Can an heir refuse the division?
No one can be forced to remain in joint ownership: any heir can ask the court for a division when the others refuse to agree. If a property cannot be divided in kind without losing value, the court can order its sale at auction and the distribution of the price. An heir who alone occupies a shared property may also be required to account to the others.
Can you make a will in favour of an heir?
In principle, a will (wasiyya) cannot benefit an heir without the consent of the other heirs, and it is limited to one third of the estate: beyond that, their consent is also required. The Family Code also provides for a mandatory bequest in favour of certain grandchildren whose father or mother died before the grandparent.
How is the estate divided when an heir lives abroad?
An heir living abroad can take part in the estate through a power of attorney executed at a Moroccan consulate or legalised under the applicable rules, or can be represented by a lawyer in court proceedings. Foreign documents may need translation and legalisation or an apostille. The firm coordinates these steps remotely to avoid unnecessary travel.
Related practical guides
This practice area, near you
Estates and inheritance, elsewhere in and around Rabat: Rabat, Hay Riad, Agdal, Souissi, Hassan, L'Océan, Yacoub El Mansour, Youssoufia, Takaddoum, Hay Nahda, Salé, Témara, Harhoura, Skhirat, Aïn Aouda and Kénitra.
Let's talk about your situation.
The firm receives you Monday to Friday, by appointment.