Inheritance & wills in Algeria

Family Code (Law 84-11 of 9 June 1984, as amended by Ord. 05-02 of 2005) applies classical Sunni Maliki faraid to all Muslim citizens (~99% of population). Statutory Wajib Wasiyyah (arts. 169-172) protects orphaned grandchildren of a predeceased child up to 1/3 of the estate. The Civil Code (Ord. 75-58) applies to non-Muslim residents.

Wasiyyah ≤ 1/3 of the net estate in writing before a notaire (موثق) or two ʿadl witnesses; oral wills only in life-threatening emergencies (Family Code art. 191). Anything above 1/3 requires post-death consent of all sui juris heirs.

Notaire (موثق) under the Ministry of Justice (Chambre nationale des notaires); the deed is filed in the notarial minute and a copy issued to the testator. Heritage deeds (فريضة) issued by the Family Section of the Tribunal.

2 adult Muslim witnesses of ‘adala for the will; civil registration of marriage (état civil) required for spouse and children to inherit. Beneficiary witnesses void the bequest to that beneficiary.

Collecting authority

Fonds de la Zakat (Caisse Nationale de la Zakat) — Ministère des Affaires Religieuses

Tax relief

Donations to the Fonds and recognised assoc deductible from IRG taxable base

Maximum relief

10 % of taxable income

Notes

Voluntary; donors receive an official receipt from the Caisse for tax purposes. Fund distributes to the 8 Quranic categories.

Faraid + statutory Wajib Wasiyyah (arts. 169-172) for grandchildren of a predeceased child, capped at 1/3 of the net estate. Cannot be defeated by a will.

Tribunal de la Famille (قسم شؤون الأسرة) issues فريضة (heirship deed) after verifying heirs and applying Maliki faraid; banks (BA-regulated), the Cadastre national and Direction générale du domaine national follow.

Maliki madhhab is the state default. The Conseil islamique supérieur and Ministry of Religious Affairs and Awqaf issue fatwa references.

• Property in joint names requires civil-court orders to release post-death.
• Berber (Kabyle, Chaoui) customary practices may pressure daughters to renounce — a written notarised renunciation is the only binding form.
• Foreign real estate held by Algerian nationals falls under the foreign jurisdiction — coordinate parallel wills.

• Ministry of Justice
• Chambre nationale des notaires
• Conseil islamique supérieur

• Is Islamic inheritance (faraid) legally recognised in Algeria?

  Family Code (Law 84-11 of 9 June 1984, as amended by Ord. 05-02 of 2005) applies classical Sunni Maliki faraid to all Muslim citizens (~99% of population). Statutory Wajib Wasiyyah (arts. 169-172) protects orphaned grandchildren of a predeceased child up to 1/3 of the estate. The Civil Code (Ord. 75-58) applies to non-Muslim residents.

• What makes an Islamic will (Wasiyyah) legally valid in Algeria?

  Wasiyyah ≤ 1/3 of the net estate in writing before a notaire (موثق) or two ʿadl witnesses; oral wills only in life-threatening emergencies (Family Code art. 191). Anything above 1/3 requires post-death consent of all sui juris heirs.

• Where do I register my will in Algeria?

  Notaire (موثق) under the Ministry of Justice (Chambre nationale des notaires); the deed is filed in the notarial minute and a copy issued to the testator. Heritage deeds (فريضة) issued by the Family Section of the Tribunal.

• Does Algeria have forced-heirship rules that override an Islamic will?

  Faraid + statutory Wajib Wasiyyah (arts. 169-172) for grandchildren of a predeceased child, capped at 1/3 of the net estate. Cannot be defeated by a will.

• How does probate work in Algeria?

  Tribunal de la Famille (قسم شؤون الأسرة) issues فريضة (heirship deed) after verifying heirs and applying Maliki faraid; banks (BA-regulated), the Cadastre national and Direction générale du domaine national follow.

• How many witnesses do I need for a will in Algeria?

  2 adult Muslim witnesses of ‘adala for the will; civil registration of marriage (état civil) required for spouse and children to inherit. Beneficiary witnesses void the bequest to that beneficiary.

• What are the most common Islamic-will pitfalls in Algeria?

  Property in joint names requires civil-court orders to release post-death. Berber (Kabyle, Chaoui) customary practices may pressure daughters to renounce — a written notarised renunciation is the only binding form. Foreign real estate held by Algerian nationals falls under the foreign jurisdiction — coordinate parallel wills.