Advice needed with regard to property from deceased Moroccan father

Last activity 04 July 2024 by sgrab

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Yassine6684New member14 May 2024 15:52:37

Hi all,

So a few years ago my father died in the country of which I'm currently a resident of.

He, like the rest of our family, had dual citizenship.

Anyway, I've been taking care of my parents and my younger siblings who still live at home for over a decade and recently, 2 of my brothers, who left +15 years ago, sued us in the courts of our country to get their "cut".

Now to make it perfectly clear: those brothers, when they were still living rent free at home, caused nothing but stress and troubles (with the law).

They were and are still terrible human beings who are constantly either in jail or on the streets.

Personally, I don't care about the inheritance and I don't even want it but I know my father would never ever give them a cent, he even literally told me many times growing up. My brothers also hated him which I never quite understood. He never beat them or wasn't even verbally abusive. He was just a regular dad.

So those 2 brothers, who also have dual citizenship, want part of their "cut" with regard to a house my father has in Morocco and a bank account which has around 50 000 MAD.

My question is, and I know it's not ethical, but how can I stop or make it nearly impossible for them to get anything from what my father had in Morocco?

hla032Contributor16 May 2024 15:24:41

139

Hello,

your father being Moroccan (muslim) and the property being in Morocco, the estate division would follow the Charia or Islamic rules. They intended an action to have their share of the inheritance which by law is totally legit, unless you can prove that they are not « fit » to administer such estate.

sgrabActive member17 May 2024 16:19:18

@hla032 Agreed - unless there is a Will in place which i doubt as it is not commonplace in Morocco - then it will fall to the standard Islamic law divisions between family member. If the family cannot agree on the fate of the property then it will be sold and proceeds of it and the bank account divided per Islamic law.

Yassine6684New member17 May 2024 21:36:46

Hello,
your father being Moroccan (muslim) and the property being in Morocco, the estate division would follow the Charia or Islamic rules. They intended an action to have their share of the inheritance which by law is totally legit, unless you can prove that they are not « fit » to administer such estate.

-@hla032

Hi,

Thanks for the quick reply.

Do I need to contact a Moroccan lawyer to prove the "unfitness" of those specific brothers?

They both have a criminal record, and one them was committed to a pyschiatric hospital some years ago though I'm not sure if a Moroccan judge would accept a foreign proof of that?

Another question: is it required by Moroccan law to have a lawyer to deal with inheritance or can you do it yourself?

I speak French fluently but no Arabic.

Thank you so much!

Yassine6684New member17 May 2024 21:55:14

@hla032 Agreed - unless there is a Will in place which i doubt as it is not commonplace in Morocco - then it will fall to the standard Islamic law divisions between family member. If the family cannot agree on the fate of the property then it will be sold and proceeds of it and the bank account divided per Islamic law.

-@sgrab

Hi,

Thank you so much for the quick reply!

There was no will unfortunately.

Could you explain the Islamic law divisions? If I recall correctly, my sisters will inherit less than my brothers, correct?

Let's say that the house from my father is valued at about 1,000,000 MAD and with 10 children (5 women, 5 men), how much would each of them be entitled to? What about my mother?

Thank you!

sgrabActive member17 May 2024 23:43:26

@Yassine6684 Its a bit complicated - i suggest you research and engage a French speaking notary/lawyer in Morocco.

NOTE: You will need triple the time you imagine to get the administration completed (especially if you plan to contest the inheritance of your brothers)

In short:

-The wife is entitled to one-eighth.

-Sons usually inherit twice as much as their sisters when one of their parents dies.

Best of luck - I don’t envy the process!

Yassine6684New member02 July 2024 22:06:37

@sgrab

Sorry for the reply but thank you!

I tried contacting several lawyers but they wouldn't take the case because of the "international complexity".

Could you recommend a Moroccan lawyer/notary in Nador that has dealt with international inheritance?

Thank you so much!

sgrabActive member04 July 2024 23:14:52

@Yassine6684 Apologies - i don’t know any lawyers in the north.

Depending where you’re from your government might have a listing like the UK gov:

https://find-a-professional-service-abr … ry=Morocco

All the best!

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