Moroccan law governs successions in Morocco according to Islamic inheritance rules (fara'id). A Moroccan will (wasiyya) allows bequeathing up to one third of assets to non-legal heirs, while the remaining two thirds are mandatorily divided according to Quranic rules. For MRE, drafting this will from abroad is possible but requires a rigorous approach.
Costs & fees
| Moroccan notary fees (will deed) | 300–800 MAD | Excluding fiscal stamp |
| Fiscal stamp | 20–50 MAD | Varies by deed |
| Sworn translation of documents | 100–300 EUR | If foreign documents are required |
| Legalization / apostille | 30–100 EUR | For documents drafted abroad |
| Notarized power of attorney (if signing by proxy) | 150–300 EUR | With a French or Belgian notary |
Timeline
Inventory your assets in Morocco and identify beneficiaries
Before drafting a will, list all your assets in Morocco precisely: real estate (apartments, land, houses), Moroccan bank accounts, company shares, vehicles, jewelry, and other assets. For each asset, identify the legal heirs under Moroccan law (spouse, children, parents, siblings according to their rank). Then identify the persons or causes to whom you wish to bequeath a share — these must be non-legal heirs to appear in the will (wasiyya).
💡 Tip — Consult a specialized lawyer or notary to identify your legal heirs under Islamic rules. The hierarchy can be surprising: for example, with male children present, daughters inherit half as much.
Understand the wasiyya rules (one third maximum)
The wasiyya (Islamic will) is strictly governed: you may bequeath by will at most one third of your total estate, and only to persons who are not already your legal heirs. It is prohibited to bequeath to a legal heir (reserved heir) by will without the consent of the other heirs. The remaining two thirds are divided according to Quranic rules (fara'id) regardless of your wishes. A foreign non-Muslim spouse may be a beneficiary of this third if your will expressly states so.
💡 Tip — The free third can be bequeathed to an association, a charitable cause, a friend, an unrecognized natural child, or your foreign spouse. It is the only lever for personalizing Moroccan succession law.
⚠️ Warning — Attempting to bequeath more than one third to non-heirs or to disinherit a reserved heir will render that part of the will null and void. The Moroccan court will annul it.
Contact a Moroccan notary (in person or by power of attorney)
The legally strongest will is a Moroccan notarial deed, drafted before a notary (adoul or modern law notary). If you are abroad, two options exist: travel to Morocco to sign the deed, or establish a notarized power of attorney in your country of residence authorizing a representative to sign on your behalf in Morocco. The power of attorney must be apostilled and translated into Arabic. A holographic will (handwritten, dated, signed) drafted in France is legally valid but its application to Moroccan assets can be complex.
💡 Tip — Several Moroccan notaries offer remote consultations by video conference to prepare the file before your visit. Contact the Association of Notaries of Morocco for referrals.
⚠️ Warning — Avoid relying solely on a holographic will for your Moroccan assets. Without a Moroccan notarial deed, heirs will need to initiate a foreign will recognition procedure, which is lengthy and costly.
Draft and sign the will deed before a notary
When signing at the Moroccan notary, you dictate or submit the text of your will. The notary verifies compliance with Moroccan law (one-third rule, identity of beneficiaries, precise description of bequeathed assets). The deed is then signed before two adult Muslim witnesses (adoul) and registered. The notary provides an original copy and retains a copy in their records. If acting by proxy, your representative completes this step with the apostilled power of attorney.
💡 Tip — Describe bequeathed assets as precisely as possible: land registry number, full address, cadastral designation. A vague description can lead to disputes during succession.
Keep the will safe and inform relevant parties
Keep the original will in a safe place (safe deposit box, notary) and provide a certified copy to a trusted person. Inform beneficiaries of the will's existence without necessarily revealing its content. It is prudent to tell a close relative where the deed is kept. In France, you may also register your will with the Central Register of Last Wills (FCDDV) for 27 EUR — this facilitates its discovery after death. Update the will after each major acquisition or disposal of an asset in Morocco.
💡 Tip — Review your will every 3 to 5 years and after any major family event (marriage, birth, divorce) to ensure it still reflects your wishes.
⚠️ Warning — Do not hand the original will to beneficiaries during your lifetime. In case of a falling out, they could misuse it or destroy it.
In depth
Moroccan succession law is a matter of public order: even if you have lived in France for 30 years, your assets located in Morocco will be divided according to Moroccan law (fara'id rules) upon death. The European Succession Regulation (Brussels IV, 2015) allows nationals of a third country to choose the law of their nationality — an MRE with Moroccan nationality can therefore choose Moroccan law for their entire estate, including assets in France, through a declaration of choice of law. This choice, combined with a well-drafted wasiyya, offers coherent estate planning. Note however that if your spouse holds French nationality, French forced heirship rules may take precedence for assets located in France.
❌ Common mistakes to avoid
- ✕Bequeathing more than one third of assets to non-legal heirs: this part of the will shall be annulled by the Moroccan court.
- ✕Attempting to disinherit a child or reserved heir: impossible without the consent of other heirs under Moroccan law.
- ✕Relying solely on a French holographic will for Moroccan assets without a Moroccan notarial deed, making the succession procedure very complex.
- ✕Failing to update the will after buying or selling an asset in Morocco, creating inconsistencies in the succession.
- ✕Forgetting to designate a beneficiary for Moroccan bank accounts: unlisted liquid assets will be divided according to fara'id rules.
🔗 Official links and resources
❓ Frequently asked questions
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