SJC: Law on procedures for dividing inheritances achieves prompt justice, facilitates litigation

The Supreme Judiciary Council (SJC) stressed that law No. 4 for 2023 on the procedures for dividing inheritances issued by HH the Amir Sheikh Tamim bin Hamad Al-Thani on Wednesday aims to facilitate the litigation procedures for heirs, speed up the division of inheritances, and avoid the legal, social, and economic issues arising from delaying its distribution to heirs.
In a statement Wednesday, the Council added that the law would largely contribute to achieving prompt justice, easing litigation processes, as well as having a significant role in achieving social protection, and maintaining minors' legal rights in the inheritance. In addition, the law would contribute to strengthening bonds of family relations among heirs as it gives priority to the consensual distribution among the heirs, and in the event of disagreement, the inheritance distribution is done by the judge according to legal shares.
The statement indicated that the law on the procedures for dividing inheritances includes updated procedural provisions by the best judicial experiences and practices, by 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 medical authorities to inform the SJC (Department of Family Documentation) and the General Authority for Minors' Affairs (GAMA) of cases of death inside the country or in cases of travel or residence outside the country within seven days from the date of registering the death. It also obliges the heirs to undertake the procedures for listing the heirs and dividing the inheritance within a month of the death of the inherited by applying for issuing a certificate limiting the heirs to the judge within thirty days from the date of registering the death. In case the heirs did not apply for the certificate within the specified period, the judge may take the measures to limit the heirs and oblige them, or one of them, to appear before him with witnesses to obtain a certificate of limiting heirs.
The law stipulates that the inheritance 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 stipulates the appointment of a delegate of the inheritance from among the heirs to manage and preserve the inheritances funds until it is divided and distributed. In the case of disagreement between the heirs, the judge assigns the GAMA to do so, as the authority undertakes the inventory of the deceaseds inheritance immediately as soon as it is notified of the death, inquires about his/her money inside and outside the country, and deposits it in the inheritances account approved by the authority.
According to the law, the debts of the deceased must be paid and that wills and endowments are executed under the supervision of the judge before distributing the inheritance to the heirs. As the law gives priority to the consensual distribution among the heirs before starting the judicial procedures, in the case of approving the consensual division project - prepared by the judge or presented by the heirs - it shall have the force of an executive document without the need to issue a judicial ruling. If it is not possible to have an agreement among 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 SJC noted the existence of close cooperation between the Family Court, the GAMA, and the concerned authorities to implement the law the procedures for dividing inheritances, indicating the existence of an integrated electronic program to activate the provisions of the law to facilitate the procedures for heirs and speed them up.
The SJC highlighted the key recently adopted procedural provisions for Law No. (4) of 2023 regarding the division of estates of Qataris inside and outside the country, to facilitate and accelerate the estate division procedures in accordance with the requirements of Islamic law.
The procedures include issuing a legal heir certificate after verifying the death of the inheritor, 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 legal heir certificate upon its issuance to submit a report on the inventory of the estates 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.
With regard to the estates funds 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 estates funds to the estate 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 governmental and non-governmental parties, heirs and stakeholders inside or outside the country, by providing the Authority with the data and information necessary for the estate inventory within seven days from the date of providing them with the national address.
The SJC stated, in its statement, that in order to enhance the guarantee of the rights of the heirs and the management and preservation of the estates funds, the law requires that the judge authorize whomever the heirs agree upon to manage and preserve the estates funds, and that the management of the estates 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.
The law introduced the consensual division of the estate, whereby, upon receipt of the report of the inventory of the estates 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 procedures among the heirs regarding the distribution of the estates funds, with the aim of promoting restorative justice and accelerating procedures for dividing estates by consensual means to avoid disputes.
According to the law, the consensual division or reconciliation project is not effective unless all the heirs or their representatives agree.
The SJC indicated that in the event that the heirs do not agree on the consensual division and reconciliation project, or one of the heirs objects, the judge orders that the dispute be referred to the competent court within 30 days from the date of presenting the consensual division or reconciliation project.