Inheritance in a mixed couple

Key facts

• For Morocco, the estate of a Moroccan follows the Family Code, even with a second nationality and a life abroad.
• Under the Family Code there is no inheritance by law between a Muslim and a non-Muslim (article 332). It holds whichever of the two dies, and also between parents and children.
• So a non-Muslim wife does not inherit by law from her Muslim husband, and he does not inherit from her.
• The bar concerns inheritance by law, not wills. The non-Muslim spouse can be named in a will that respects the Code, a notary explains in the Moroccan press.
• A will (wasiya) can cover at most one third of the estate. Above one third, it stands only if the heirs agree after the death.
• A will cannot favour someone who is already a legal heir unless the other heirs agree.
• If the foreign spouse is Muslim, the bar does not apply: he or she inherits by law like any spouse.
• Each spouse owns his or her property separately. What belongs to the surviving spouse is not part of the estate.
• The estate in Morocco of a foreigner who is not Muslim follows that person's national law, the same notary says.
• If you live in the European Union: for the courts there, the law of the country where you habitually lived governs your whole estate, unless you chose the law of your nationality in a will (Regulation 650/2012). The rule does not apply in Denmark and Ireland.
• So the two systems start from different points: residence for the European court, nationality for Morocco. Property in Europe and property in Morocco can be shared out under different rules.
• In Morocco, heirs prove their status with a deed of heirship (iratha), drawn up by adouls on the statements of twelve witnesses.
• Grandchildren whose parent died before the grandparent receive that parent's share, within one third of the estate (obligatory bequest).