The Supreme Judicial Council affirmed that Law No. (4) of 2023 regarding the procedures for dividing estates, which was issued by His Highness Sheikh Tamim bin Hamad Al Thani, the Emir of Qatar today, aims to facilitate litigation procedures for heirs, speed up the division of estates, and avoid legal, social and economic problems arising from Delaying its distribution to the heirs.
The Council added, in a statement issued today, that the law will contribute significantly to achieving prompt justice and easing litigation procedures, and will also have a major role in achieving social protection and preserving the rights of minors and preserving their legal and legal rights in the estate, as well as strengthening family relations between the heirs, as It gives priority to the consensual distribution among the heirs, and in the event of disagreement, the estate is distributed by the judge according to the legal shares.
The statement indicated that the inheritance division procedures law includes updated procedural provisions in accordance with the best judicial experiences and practices, in accordance with the provisions of Islamic Sharia, and commensurate with the nature of the judicial system in the country and the followed legislative approach.
The law obliges the medical authorities to inform the Supreme Judicial Council (Department of Family Documentation) and the General Authority for Minors’ Affairs of cases of death inside the country or in cases of travel or residence outside the country within seven days from the date of registration of the death. The inheritor, by submitting an application for issuing a certificate of limitation of heirs with the judge within thirty days from the date of registration of death, and in the event that the heirs did not submit a request for a certificate within the specified date, the judge may take measures to identify the heirs and oblige them or one of them to appear before him with witnesses to obtain a certificate of limitation of heirs.
The law stipulates that the estate be divided among the heirs according to their legal shares, by consent or judiciary, through the Department of Family Documentation in the Family Court. It also requires the appointment of a delegate of the estate from among the heirs to manage and preserve the estate’s funds until it is divided and distributed. The Authority undertakes inventorying and inventorying the estate of the deceased immediately upon its notification of death, inquiring about his funds inside and outside the country, and depositing them in the estate’s account approved by the Authority.
According to the law, the deceased’s debts must be paid, wills and endowments must be executed under the supervision of the judge and before the estate is distributed to the heirs. Executive without the need to issue a judicial ruling, and if it is not possible to reconcile the heirs within 30 days, the family documentation judge will refer the matter to the competent inheritance department to resolve the dispute as soon as possible. In its statement, the Supreme Judicial Council noted the existence of close cooperation between the Family Court, the Authority for Minors’ Affairs and the concerned authorities to implement the law on procedures for division of inheritance, indicating the existence of an integrated electronic program to activate the provisions of the law to facilitate the heirs and speed up the procedures.
The Supreme Judicial Council highlighted the most prominent new procedural provisions of Law No. (4) of 2023 regarding the procedures for dividing estates, whose provisions apply to the estates of Qataris inside and outside the country, to facilitate the procedures for dividing estates related to Qatari citizens and achieve speed in dividing them in accordance with the requirements of Islamic law, including Issuing a certificate of limitation of heirs, where the judge is responsible for issuing a certificate of limitation of heirs after verifying the death of the inheritor and verifying the capacity of the heirs and the absence of impediments to inheritance. The Department of Family Documentation must provide the General Authority for Minors’ Affairs with a copy of the certificate of limitation of heirs upon its issuance to submit a report on the inventory and inventory of the estate’s funds. According to the law, the General Authority for Minors’ Affairs, after being notified of the death, completes the procedures for inquiring from all governmental and non-governmental agencies about the real estate and movable funds of the estate in order to count and inventory the deceased’s funds, and for this purpose, after obtaining the approval of the judge, it may take all necessary measures to inventory and inventory the estate.
With regard to the estate’s funds that are outside the state, the law gave the General Authority for Minors’ Affairs the right to take all necessary and appropriate measures to count and bring the estate’s funds to the estate’s container account within a reasonable period, with the aim of providing the greatest amount of guarantees for the rights of the heirs and ensuring the speedy implementation of them, while obliging all parties Governmental, non-governmental, heirs, and stakeholders inside or outside the country, by providing the Authority with the data and information necessary to count the estate within 7 days from the date of announcing them with the national address or any means indicating knowledge.
The Supreme Judicial Council stated, in its statement, that in order to enhance the guarantee of the rights of the heirs and the management and preservation of the estate’s funds, the law requires that the judge authorize whomever the heirs agree upon to manage and preserve the estate’s funds, and that the management of the estate’s funds be in coordination with the General Authority for Minors’ Affairs if it is Between the heirs is a minor or the like, until it is divided and the share of each heir is determined.
With regard to the disbursement of the necessary expenses from the estate’s funds, the law was keen to provide the greatest degree of protection for the rights of the heirs, as it is not permissible to dispose of the estate’s funds except to require the necessary expenses if the heirs include a minor or the like, or to spend on those whose expenses the deceased was obliged to pay. In the usual amount, as well as disbursement from the estate’s funds to pay necessary expenses for maintaining it, through the General Authority for Minors’ Affairs after obtaining the approval of the judge.
The Law on Procedures for the Division of Estates introduced the consensual division of the estate, whereby, upon receipt of the report of the inventory and inventory of the estate’s funds, the judge undertakes the payment of debts and the implementation of wills and endowments, and undertakes the preparation of the draft consensual division of the estate or the initiation of reconciliation and reconciliation procedures between the heirs regarding the distribution of the estate’s funds, with the aim of promoting restorative justice And accelerating the procedures for dividing estates by consensual means in order to avoid conflicts in order to maintain the stability of social ties in society. It is also permissible for the heirs to present the draft partition agreed upon between them in writing to the judge for approval and documentation according to the agreement after making sure that it complies with the provisions of Islamic Sharia and the law.
According to the law, the consensual division or conciliation project is not enforceable except after the approval of all the heirs or their representatives, and the judge issues his decision approving the consensual division or conciliation agreement within ten days from the date of the heirs’ agreement or approval of the conciliation, and the judge’s decision in those cases has the force of the executive document And it will be announced to the concerned authorities for implementation.
The Supreme Judicial Council indicated that in the event that the heirs do not agree on the draft consensual division and reconciliation, or one of the heirs objects, the judge orders that the dispute be referred to the competent court within thirty days from the date of presentation of the draft consensual division or reconciliation, which contributes to facilitating litigation procedures, especially since it All necessary procedures to resolve the dispute have been successfully completed.
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