Wills in Oman: The Rules and Expatriate Estates

A will (wasiyya) is a disposition of the estate taking effect after death. In Oman it is governed by the Personal Status Law, Royal Decree 32/97, applying sharia rules: a will may not exceed one third of the estate except with the heirs’ consent, and there is no bequest to an heir except with their consent. Foreign residents face additional considerations touching the applicable law and their assets in the Sultanate. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, drafts, registers, and litigates wills.

What are the limits of a will under Omani law?

Two core rules apply. First, a will operates within one third of the estate after debts are paid; anything beyond the third takes effect only if the heirs consent after the testator’s death. Second, there is no bequest to an heir unless the heirs consent: the inheritance shares are fixed by sharia and cannot be rearranged by will. A bequest to a non-heir is valid, as are bequests to charitable causes, while whatever contradicts sharia is void.

The testator must have capacity, the subject of the bequest must be capable of ownership, and the testator may revoke the will wholly or partly during their lifetime — a will binds only upon death.

How is a will registered, and how is it proved in a dispute?

Registering the will before the competent authorities — in writing, with official attestation — is the surest route to its taking effect without dispute: the official document removes doubt about its issuance, attribution, and date. An unregistered will, if denied, must be proved before the courts under the rules of the Law of Evidence in Civil and Commercial Transactions, Royal Decree 68/2008, including writing and testimony within their limits.

The personal-status circuits hear will disputes: proving a will; challenging it for lack of capacity, coercion, or forgery; interpreting ambiguous wording; or proceeding against a negligent executor. Drafting the will in decisive language, appointing an executor, and listing its assets saves heirs and beneficiaries years of litigation.

What is the position of non-Muslim residents’ wills?

A foreign resident may make a will concerning their assets in the Sultanate, and conflict-of-laws rules determine the law applicable to their succession and will: the law of their nationality may be applied within the limits of Omani public order. Practically, we advise any non-Muslim resident holding assets in Oman — property, accounts, or shares — to prepare a registered will dealing specifically with those assets, coordinated with any will in their home country so the two do not conflict.

Without advance planning, a deceased resident’s family can face a long road: proving the heirs under the national law with translated and legalised documents, correspondence between authorities of two countries, and accounts frozen until matters are decided. A well-prepared registered will shortens that entire road.

Key facts

• Wills in Oman are governed by the Personal Status Law RD 32/97 under sharia rules.
• A will operates within one third of the estate; the excess depends on the heirs’ consent.
• No bequest to an heir except with the heirs’ consent — the fixed shares cannot be rearranged by will.
• The testator may revoke the will during their lifetime; it binds only upon death.
• An officially registered will forecloses disputes over issuance and date; an unregistered one must be proved under the Law of Evidence RD 68/2008.
• A foreign resident may make a will over their Omani assets, with their national law possibly applying within the limits of public order.

When to involve a lawyer

Involve a lawyer when preparing a will touching multiple assets or heirs in more than one country, when you want charitable or endowment arrangements needing precise drafting, and when a will must be proved or challenged after the testator’s death. A will is a legal act read in its author’s absence — there is no room to fix ambiguity later.

At Said Ibrahim Ambusaidi Advocates (SIA) we draft and register wills, coordinate residents’ wills with the laws of their home countries, and litigate will-proving and will-challenge cases before the personal-status circuits across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.