Over the years, many stories have circulated about inheritance and the problems that have arisen among members of the same family. The idea of heirs renouncing their shares in inheritance to each other without compensation and without adhering to Jordanian law has been a common issue. Conversely, abandoned properties today are often a result of disputes and disagreements among heirs over division. Today, Jordanian law has undergone numerous amendments to ensure the rights of all heirs and protect them under Jordanian law. In this article, we will highlight the most important laws that have been updated and amended for application upon the death of the testator.
The transfer of wealth from the deceased to their heirs according to Islamic Sharia law.
The sale by one or more heirs of their shares of the estate after the death of the deceased to another heir or heirs for a known consideration, based on an inheritance division decree issued by Islamic Sharia courts.
The right of a person or entity to own movable and immovable assets of the deceased, not exceeding one-third, and the owner of the right should not be an heir of the deceased.
- Transition: Through an inheritance division decree, the assets of the deceased and the shares of each heir are determined, directly transferring the wealth from the deceased to their heirs. It is the first stage before division and will.
- Division: A contract of sale among heirs, where one or more heirs sell their shares to another or others for a known consideration based on the inheritance division decree.
- Will: The right of a specific person or entity to own the wealth of the deceased, not exceeding one-third, without being an heir.
- Transition fee: 0.5% of the value of transferred wealth if registered within 5 years of the death date, and 1% if registered after 5 years.
- Division fee: 1% of the value of the shares being transferred, paid upon registration of the division decree.
- Will fee: 5% of the recommended amount for each beneficiary.
Many people may think there are significant differences between an inheritance division decree and a transition decree, but in reality, a transition decree merely reveals the rights of the heirs and does not create them. It is issued upon the death certificate and the completion of the deceased's estate inventory. Here are the main points regarding the procedures of inheritance division and transition:
- A death certificate is issued by the Civil Status and Passports Department to confirm the event.
- Based on the death certificate, an inheritance division decree is issued by the Notary Public Court in various governorates.
- The inheritance division decree includes detailed information about the deceased's assets, the heirs' information, and the share of each heir, male and female.
- The fee for issuing the inheritance decree is 10 JD (Jordanian Dinar) per one stamp.
- It suffices for one heir to apply for the inheritance division decree.
- The summoned parties (legal heirs or their representatives) must attend.
- Two witnesses and the agent, if any, must be present.
- Once the inheritance division decree is issued, the heirs can proceed with division and will procedures.
The execution of division procedures among heirs is not allowed before 4 months have passed since the death date, according to a decision by the Jordanian Judiciary to ensure the preservation of the rights of both male and female heirs.
After the issuance of the inheritance division decree and the lapse of at least 4 months from the date of death, the division or distribution process among the heirs begins.
Division is a contract of sale between the heirs, where one or more heirs sell their entire shares of the inheritance to other heirs for a known consideration. It is important to note that only full shares can be sold, not partial ones.
The purpose of division is to transfer one or more heirs from the estate in exchange for a known consideration. If no consideration is taken for the division, it would be considered a gift or waiver.
- Death of the testator and confirmation of the inheritance.
- At least 4 months have passed since the death date.
- Division must be among heirs.
- Division must be for the full share, not a part of it.
- Division must be for a known consideration.
- Division does not apply to inherited immovable assets from others unless they have been transferred to the testator's name before the division decree is issued.
- Division allows for waiver by mutual consent.
After issuing the inheritance division decree and at least 4 months have passed since the date of death, the division or distribution process among the heirs begins.
Division is a contract of sale between the descendants of the deceased for a known consideration, where one or more heirs sell their entire shares of the inheritance to other heirs. It is important to note that partial shares cannot be sold, only the entire share.
The purpose of division is to transfer one or more heirs from the estate in exchange for a known consideration. If no consideration is taken for the division, in this case, it is not considered division but rather a gift or waiver.
-At least 4 months have passed since the date of death.
-The division must be among heirs only.
-The division must be for the entire share, not a part of it.
-The division must be in exchange for a known consideration.
-Division does not apply to inherited immovable assets from others unless they have been transferred to the testator's name before the division decree is issued.
-Division accepts waiver by mutual consent.
A will in Jordanian law allows any individual or entity to own a share of the movable and immovable assets of the deceased, not exceeding one-third, without being an heir. The Jordanian Personal Status Law defines a will as a disposition of the estate after the death of the testator.
It is worth mentioning that there are two types of wills: obligatory and optional. Certain conditions must be fulfilled, including explicit wording indicating the will, acceptance from the beneficiary, being added for after death, and the testator not revoking the will before death.
Today, at Homes Jordan, we take pride in our partnerships with various governmental and private institutions. These diverse partnerships have been established with the aim of providing the best services to our clients in the real estate sector. To achieve our vision and mission as the largest real estate agency in Jordan.
Sources:
https://petra.gov.jo/Include/InnerPage.jsp?ID=223038&lang=ar&name=news
https://jordan-lawyer.com/2020/05/28/الوصية/
https://jordan-lawyer.com/2020/05/28/الوصية/
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