Waqf and Will in Saudi Arabia both allow a person to decide how part of their wealth should benefit others, but they differ significantly in legal effect and procedure. A waqf dedicates the underlying asset and directs its benefits to a specified purpose, while a will takes effect after death and may generally be revoked during the testator’s lifetime. This guide explains the differences between them, what assets may be included, the one-third limit on wills, what to include in each document, how to document and register them, the role of the waqf trustee, and what happens after death.
What Is the Difference Between a Waqf and a Will?
A waqf involves dedicating the underlying asset while directing its benefits to a specified purpose. A will is a disposition of property that takes effect after death within prescribed limits.
Under a waqf, the founder dedicates an asset so that its underlying corpus remains preserved and its benefits are directed to the persons or purposes designated in the waqf deed. The waqf is administered by a trustee, commonly referred to as the Nazir. Under a will, the property remains owned by the testator during life and the bequest takes effect after death, subject to the applicable Sharia and legal rules.
The General Authority for Awqaf regulates and registers awqaf and provides a Waqf Registration Service through which an approved waqf certificate may be obtained. A will, by contrast, may be electronically documented through the Ministry of Justice and Najiz. The competent authorities are therefore different, which is one of the first distinctions to understand when considering Waqf and Will in Saudi Arabia.
Five Key Differences Between a Waqf and a Will
The main differences relate to ownership, legal effect, revocability, applicable limits, and the competent authority. The following table is a simplified practical comparison rather than statutory wording.
| Comparison | Waqf | Will |
|---|---|---|
| Ownership | The underlying asset leaves the founder’s ownership and remains dedicated | The property remains owned by the testator until death |
| Effect | Ongoing benefits are directed to the designated beneficiaries or purpose | Ownership or benefit passes to the beneficiary after death |
| Revocation | As a general rule, it becomes binding once properly documented | It may generally be revoked or cancelled during the testator’s lifetime |
| Limit | Rights of heirs may become relevant where the waqf is made effective upon death | Generally effective within one-third of the estate; any excess depends on heirs’ approval |
| Authority | Ministry of Justice followed by the General Authority for Awqaf | Ministry of Justice through Najiz |
For broader Sharia-compliant legal and financial advisory services, you may also review Al-Shatiri & Al-Ghamdi’s services page.
What Assets Can Be Included in a Waqf or a Will?
As a general principle, the asset should be fully owned by the person making the disposition, sufficiently identified, and capable of providing benefit. Depending on its nature, this may include real estate, movable property, cash, or investments.
- Real estate: Real property is commonly used for waqf because it can generate continuing benefits. A valid ownership deed in the founder’s name is generally required. To review the registration status of inherited real estate, see Transfer of Inherited Property Saudi Arabia.
- Movable assets: These may include equipment, Qurans, books, and vehicles, provided the assets are clearly identified and capable of producing continued benefit where relevant.
- Cash and shares: Cash and investment-based awqaf may require a specific regulatory route. The General Authority for Awqaf provides services for registering waqf investment funds and waqf investment portfolios. A cash bequest under a will may instead be expressed as a fixed amount or a percentage of the estate.
- Benefit without transferring the underlying asset: A will may grant the use or benefit of an asset for a specified period without transferring ownership of the asset itself.
Before creating either arrangement, check whether the asset is mortgaged or subject to third-party rights, as registered rights affecting an asset may affect implementation of the waqf or will.
What Is the One-Third Limit for a Will in Saudi Arabia?
A will generally takes effect within one-third of the estate and does not take effect in favor of an heir without the approval of the other heirs. Accordingly, a testator may normally bequeath up to one-third of the estate for charitable purposes or to non-heirs.
If the bequest exceeds one-third, the excess depends on the heirs’ approval. If they approve it, it may take effect; if they do not, the excess does not take effect.
It is also important to understand how the one-third limit is calculated. It relates to one-third of the estate left at the time of death after the relevant estate obligations have been addressed, rather than simply one-third of the assets owned on the date the will was written.
If one of the heirs is a minor, see the English guide to Inheritance of Minors in Saudi Arabia, because approval relating to a minor’s rights may require authorization from the competent court.
What Should You Include in a Will?
A will should clearly identify the testator, beneficiary, property or share being bequeathed, applicable conditions, and the person responsible for carrying it out. The following are practical drafting elements rather than a mandatory statutory template:
- Testator and beneficiary: State names, identification details, and whether the beneficiary is an individual or charitable entity.
- Subject of the bequest: Identify a particular asset or a specified percentage of the estate and avoid vague wording.
- One-third limit: Keep the bequest within the one-third limit or state clearly that any amount exceeding it depends on heirs’ approval.
- Conditions and purposes: Where the will is for a charitable purpose, define the intended use and duration where relevant.
- Executor: Identify the person or entity responsible for implementing the will and consider naming a replacement.
- Changes in circumstances: Address what happens if the beneficiary dies before the testator or if the asset covered by the will changes.
Local reporting has noted that a will may be made verbally before a judge, before two qualified witnesses, or in writing. Nevertheless, electronic documentation through the Ministry of Justice may reduce the risk of later disputes about authenticity.
How Do You Document a Will Through Najiz?
The application is submitted through Najiz, reviewed, approved, and then issued electronically without requiring a visit to a Notary Public office. The Ministry of Justice has announced an electronic “Will Documentation” service available to the testator personally or through an authorized representative, and also for heirs acknowledging a deceased person’s will.
- Log in to Najiz and select the “Will Documentation” service.
- Submit the application and confirm submission.
- The request is reviewed by the Central Documentation Support unit.
- The applicant confirms the reviewed request.
- The request is approved by the competent notarial authority and the document is issued.
The beneficiary may also request cancellation of an approved will through the service. For information about documentation services in Jeddah, review the firm’s English Notarization Services in Jeddah page.
Are you considering dedicating part of your assets as a waqf or preparing a will and want to ensure that the wording reflects your intentions without creating avoidable issues for your heirs? The team at Al-Shatiri & Al-Ghamdi Law Firm can help you understand the available options, identify the structure appropriate to your circumstances, and determine the documents required before proceeding.
Contact a Specialized Legal PartnerWould you prefer to understand the details first? Continue reading to review the relevant requirements and procedures before contacting us.
What Happens to a Will After the Testator Dies?
The process generally begins with identifying the heirs, followed by acknowledgment of the will or approval of any amount exceeding the one-third limit, and then delivery or transfer of the bequeathed asset.
- Obtain the heirship certificate: This can be requested through the Ministry of Justice Estates Platform and identifies the heirs and their shares.
- Heirs acknowledge the will: The will documentation service also accommodates acknowledgment by the deceased’s heirs using the relevant heirship document information.
- Review the one-third limit: A bequest within one-third in favor of a non-heir generally does not require heirs’ approval. A bequest exceeding one-third or made in favor of an heir depends on the required approval.
- Transfer the bequeathed asset: If the asset is real estate, ownership may need to be transferred through the Real Estate Registry. For details, read Transfer of Inherited Property Saudi Arabia.
- Divide the remaining estate: The remaining estate is distributed among the heirs. For details, read Dividing Inherited Property Saudi Arabia.
How Is a Waqf Created and Its Deed Documented?
The waqf deed is first documented through the Ministry of Justice and the waqf is then registered with the General Authority for Awqaf, which issues the relevant certificate.
According to the Authority, its service for completing waqf registration information allows registration to be completed after the waqf has been documented through the Ministry of Justice. The waqf is entered into the Authority’s systems and a restricted waqf certificate is issued, while further information must be completed to obtain the final certificate.
- Identify the asset and beneficiaries: Specify the real estate or other asset being dedicated, the beneficiaries or purpose, and the founder’s conditions.
- Confirm full ownership: An asset should be fully owned by the founder before it is dedicated as waqf.
- Document the waqf through the Ministry of Justice: Complete the required documentation of the waqf deed.
- Register the waqf with the Authority: Use the “Waqf Registration” service available through the General Authority for Awqaf.
- Complete registration information: Provide the remaining information required to obtain the final waqf certificate.
What Should Be Included in a Waqf Deed?
A waqf deed should identify the founder, dedicated asset, beneficiaries, trustee, eligibility conditions, and distribution of income. The following are practical drafting considerations.
| Type | Beneficiaries | Key Drafting Point |
|---|---|---|
| Charitable Waqf | Charitable causes such as mosques, persons in need, or education | Identify the beneficiary and an alternative if the original purpose ceases |
| Family Waqf (Dhurri) | Descendants and relatives | Define the order of entitlement and consider the effect on heirs’ rights |
| Mixed Waqf | Combines descendants with a charitable purpose | Specify each allocation and what happens when the family beneficiary line ends |
Important provisions to consider carefully include:
- Founder: Name, legal capacity, and authority to establish the waqf.
- Waqf asset: Description of the asset, title deed number, boundaries, and confirmation that it is not mortgaged where applicable.
- Beneficiaries: The relevant persons or entity, eligibility conditions, and what happens if the designated beneficiary ceases to exist.
- Trustee/Nazir: Who will administer the waqf, who succeeds that person, and any agreed remuneration.
- Waqf income: Amounts allocated to maintenance and preservation of the property and amounts distributed to beneficiaries.
- Replacement or substitution: Circumstances in which a dedicated asset may be replaced and the procedure for doing so.
What Services Does the General Authority for Awqaf Provide?
The General Authority for Awqaf provides electronic services relating to registration, updates, reporting, and waqf investment.
The Authority’s regulations and services page includes services relating to:
- Registration of a new waqf.
- Registration and updating of beneficiary information.
- Registration of waqf investment funds.
- Registration of waqf investment portfolios.
- Reporting an unidentified waqf.
- Submitting reports concerning awqaf or trustees.
- Requesting judicial support services.
The Authority also provides electronic procedures for renewal or amendment of waqf certificates in accordance with its approved procedures.
Who Is the Waqf Trustee and What Is Their Role?
The trustee, or Nazir, is responsible for managing the waqf in accordance with the founder’s conditions and the regulations governing waqf administration.
The General Authority for Awqaf indicates that waqf registration and data updates are completed through its electronic services. It also provides a service for filing financial statements in order to monitor compliance by the trustee or person managing the waqf with applicable financial management requirements.
The Authority also has a committee responsible for registering waqf trustees and reviewing applications according to specified requirements, while retaining discretion regarding approval.
It is therefore advisable for the founder to identify in the waqf deed who will serve as trustee, who will succeed that person, the duration of the role, and any remuneration. Naming a trustee in the deed should not automatically be assumed to complete the Authority’s registration requirements.
Can You Revoke a Will or a Waqf?
A will may generally be revoked or cancelled during the testator’s lifetime, whereas a properly documented waqf is generally binding.
The Najiz will service allows an approved will to be cancelled. A waqf, however, becomes difficult to reverse once documented and registered. A person should therefore avoid dedicating an asset that may later be needed personally.
If a waqf is structured to take effect only upon the founder’s death, rules comparable to those applying to wills regarding the one-third limit and heirs’ approval may become relevant. The specific wording should therefore be reviewed carefully.
How Do You Choose Between a Waqf and a Will?
The choice depends on your objective: do you want flexibility and control during your lifetime, or do you want to create an enduring asset that continues after you?
| Your Objective | Possible Option | Reason |
|---|---|---|
| A permanent charitable contribution | Waqf | The underlying asset remains preserved and its benefits are distributed |
| Flexibility to change your decision as circumstances change | Will | It may generally be amended or cancelled |
| Allocating assets to a non-heir | Will within the one-third limit | A bequest to a non-heir may take effect within one-third |
| Preserving real estate for descendants instead of selling it | Family Waqf | The asset remains dedicated and income is distributed, while the effect on heirs’ rights should still be reviewed |
Illustrative examples: A man owns an apartment building and wants it to remain an ongoing charitable asset benefiting both his descendants and a charitable purpose. A mixed waqf may be closer to that objective, subject to defining the trustee and entitlement conditions.
A woman who wants to allocate part of her assets to a relative who is not an heir may instead consider a will within the one-third limit. The will can be documented electronically and may later be cancelled or amended.
Common Mistakes in Waqf and Will Planning
The following are recurring practical mistakes rather than official statistical findings:
- Writing a handwritten or broadly worded will without documentation, resulting in disputes among heirs regarding its validity.
- Bequeathing more than one-third of the estate or making a bequest to an heir without understanding the need for heirs’ approval.
- Confusing a waqf with a will and assuming a documented waqf can be revoked as easily as a will.
- Failing to identify the trustee, successor trustee, or beneficiary conditions clearly in the waqf deed.
- Documenting the waqf through the Ministry of Justice but failing to complete registration with the General Authority for Awqaf.
- Failing to update a will after significant changes in the heirs or assets.
- Attempting to dedicate mortgaged or jointly owned property without addressing existing third-party rights.
Checklist Before Signing
- Do I fully own the asset, and is its ownership properly documented?
- Do I want a permanent dedication through waqf or a flexible arrangement through a will?
- Have I considered the one-third limit and the need for heirs’ approval where applicable?
- Have I clearly identified the beneficiaries and the trustee or executor?
- Do I understand the appropriate authority: Najiz for the will, and the Ministry of Justice followed by the General Authority for Awqaf for the waqf?
- Have I considered the effect on minor heirs and any third-party rights?
Frequently Asked Questions About Waqf and Will in Saudi Arabia
Do I need to visit a Notary Public office to document a will?
No. The Ministry of Justice launched an electronic “Will Documentation” service through Najiz. The application is submitted electronically, reviewed by the Central Documentation Support unit, confirmed by the applicant, and approved before the final document is issued.
Can a will be documented through a power of attorney?
The service accommodates an applicant acting personally or through an authorized representative. Where a representative is used, the wording and scope of the power of attorney should be reviewed carefully to ensure that it contains the authority required for the intended procedure.
How can I cancel an approved will?
The same electronic system allows a beneficiary to request cancellation of an approved will. If the intention is to change its terms, it may be preferable to cancel the earlier document and create a new clear will rather than leave two potentially conflicting instruments.
Can I leave more than one-third of my estate by will?
Any amount exceeding one-third generally depends on the heirs’ approval after death. Although a larger amount may be written in the document, the portion exceeding one-third may not take effect unless the required approval is obtained.
Can I make a will in favor of one of my heirs?
As a general Sharia rule, a bequest in favor of an heir does not take effect without the approval of the other heirs. The proposed arrangement should therefore be reviewed before relying on a provision that could later be disputed.
Can the deceased’s heirs formally acknowledge the will?
Yes. The electronic will documentation service also allows the deceased’s heirs to acknowledge a will through the information contained in the heirship document.
Is a handwritten will valid?
Local reporting has referred to wills being made verbally before a judge, before two qualified witnesses, or in handwriting. Nevertheless, electronic documentation may reduce later disputes concerning authenticity and attribution.
How do I register a waqf with the General Authority for Awqaf?
After documenting the waqf through the Ministry of Justice, use the Authority’s “Waqf Registration” service. The waqf is entered into its systems and a restricted certificate is issued, followed by completion of the required data for the final certificate.
What is the difference between a restricted and final waqf certificate?
The restricted certificate is issued following initial registration after documentation of the waqf. The final certificate is issued after the beneficiary completes the remaining registration information required by the Authority.
Can a waqf certificate be amended or renewed?
Yes. The General Authority for Awqaf provides electronic procedures for renewing or amending certificates according to its approved requirements. A change affecting the underlying terms of the waqf may require separate review of the waqf deed itself
Does the waqf trustee have financial reporting obligations?
The Authority provides a financial statement registration service intended to monitor compliance by trustees or other persons managing awqaf with relevant financial management requirements.
Is a trustee automatically registered merely because their name appears in the waqf deed?
No. The Authority has procedures and requirements for registering trustees and a committee that considers applications. The founder should therefore review trustee-registration requirements before making an appointment.
What should I do if I discover an unidentified waqf or misconduct by a trustee?
The Authority provides electronic reporting services concerning unidentified awqaf and reports relating to awqaf or trustees. Supporting documents should be prepared where available.
Can cash be dedicated as a waqf?
The Authority provides services relating to waqf investment funds and investment portfolios, indicating that cash and investment-based awqaf follow specific regulatory routes. Appropriate structuring should be reviewed before proceeding.
Is a waqf or a will better for providing for children?
A will may suit a person who wants to retain flexibility during life, but it remains subject to the one-third limit and the rules concerning bequests to heirs. A family waqf may suit someone who wants to preserve an asset and direct its income to descendants on an ongoing basis. The appropriate structure depends on the assets, beneficiaries, and intended outcome.
Waqf and Will in Saudi Arabia are two distinct tools for arranging the future of assets. A will offers greater flexibility and is generally limited by the one-third rule, while a waqf is designed as a continuing dedication and requires proper documentation and registration.
Begin by identifying your objective, then use the appropriate official procedure and consider the effect on your heirs and existing rights over the assets.
For estate-related legal services, see the firm’s English Estate Settlement service. You may also use Contact Us page.
Sources
- Ministry of Justice announcement regarding electronic will documentation through Najiz – Saudi Press Agency.
- Waqf Registration Service – General Authority for Awqaf.
- Regulations and Rules – General Authority for Awqaf.
- Frequently Asked Questions – General Authority for Awqaf.
- Estates Platform – Ministry of Justice.
- Najiz Portal – Ministry of Justice.
