Civil Personal Status Executive Regulation

Article 28 — Article (28) Conditions for Validity of the Will

1. A Will shall be valid subject to the following conditions: a. The Testate property shall be capable of being owned and used by the beneficiary of the Will. b. The testator shall be of full capacity and shall not be less than twenty-one (21) years of age. c. The testator shall not be under interdiction for prodigality or imbecility unless the Will is made for charitable purposes and his guardian obtains the relevant approval from the competent court. d. The testator shall not be prohibited from disposing of his property, and shall not be declared bankrupt or insolvent. e. The testate property shall be owned by the testator. f. The Will shall be enforceable g. The enjoyment of the testate property and the purpose for which it is bequeathed shall be lawful. h. The testate property shall be existent and of a known or measurable amount at the time of death of the testator. Future assets may be bequeathed by a Will if their existence is ascertainable. i. The Will shall not contradict public order or morals. 2. Any party concerned may request the interpretation of, or contest, a Will before the competent court. 3. Where a Will includes a condition that goes against the public order or morals, the same shall be null and void but the Will shall remain valid.

WAWhatsAppTGTelegram