Wills and Testaments in Iranian Law
Today, a very large number of civil claims and criminal complaints are directly or indirectly related to matters of wills and inheritance. This situation reflects a general lack of awareness and insufficient attention by the public to this important legal subject.
Types of Wills Under the Iranian Civil Code
What Is a Will?
A will is a legal act through which an individual determines how their affairs and property are to be managed after death, regardless of the termination of their relationship with the world. In essence, Islamic law recognizes the will to enable individuals to organize their financial and non-financial affairs after death. Therefore, having sufficient knowledge about wills, the act of making a will, and the conditions required for its validity is essential for everyone.
Essential Elements of a Will
To understand the concept of a will, it is necessary to be familiar with its essential elements.
- The first element is the testator, the person who makes the will.
- The second element is the beneficiary, meaning the person to whom the will is made.
- The third element is the subject matter of the will, referring to the property or asset that is bequeathed.
Types of Wills
- Dispositive Will: When a person transfers ownership of their property free of charge to take effect after their death, the will is considered a dispositive will.
- Executory Will: An executory will is one in which a person appoints one or more individuals to carry out specific duties or manage certain affairs after their death.
What Portion of Property May Be Subject to a Will?
Individuals may express their intent regarding all of their assets without limitation. However, under Iranian law, a will is enforceable without the heirs’ consent only to the extent of one-third of the estate. The execution of a will in excess of one-third of the estate is conditional upon the consent and approval of the heirs. If a will is made in favor of one of the heirs and the deceased bequeaths one-third of the estate to that heir, the beneficiary will, in addition to that one-third, also inherit a share of the remaining estate in the same manner as the other heirs.
Time of Execution of a Will
Upon the death of the testator, the estate is transferred by operation of law to the heirs or to those entitled under the will. This transfer is subject to the full settlement of the deceased person’s debts and financial obligations.
Types of Wills
A will concerning a person’s property is formalized in the form of a testamentary document. Under Iranian law, four types of wills are recognized by judicial authorities: handwritten wills, sealed wills, official wills, and oral wills.
Handwritten Will
A handwritten will must be entirely written in the handwriting of the testator and must include the date and signature written by the testator. This type of will is considered an unofficial document and is valid only if the following conditions are met:
- The will must be written entirely by the testator.
- The date, including day, month, and year, must be written by the testator.
- The will must bear the testator’s signature.
Based on these requirements, individuals such as the blind or illiterate, who are unable to write a will in their own handwriting, cannot prepare a valid handwritten will.
Sealed Will
A sealed will may be written either by the testator or by another person, but it must bear the testator’s signature. After preparation, this type of will must be deposited with the notary public offices or registration authorities. These institutions are legally recognized and act as custodians on behalf of the testator.
Official Will
An official will is executed at a notary public office and offers advantages over other types of wills. One of these advantages is the reduction of judicial disputes, as it eliminates the need for lengthy judicial and administrative procedures. When a will is executed in official form, the court is not required to examine its authenticity or validity. It is sufficient for the existence of the official will to be noted in the certificate of inheritance.
Oral Will
Under the Iranian Civil Code and the Law on Non-Contentious Matters, an oral will has no legal validity. Testimony of witnesses does not establish its enforceability unless the interested parties expressly acknowledge the validity of the will.
Duration of the Validity of a Will
While the testator is alive, they may revise or revoke their will multiple times. A will remains valid unless another will is executed that contradicts the previous one. In the event that a subsequent will is made contrary to the earlier will, the later will shall be considered valid and enforceable.
