How International Succession Is Managed In Morocco

• Published date: 15 January 2024
• Subject Matter: Consumer Protection, Family and Matrimonial, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Consumer Law, Wills/ Intestacy/ Estate Planning
• Law Firm: Giambrone & Partners
• Author: Zakaria Bouabidi

Morocco is emerging as an increasingly sought-after destination for European and African foreign nationals aiming to establish a new domicile. This growing trend is closely tied to its privileged geographical location near Europe with obvious access to the wider African continent, together with its significant African policy. As a consequence of this, inevitably notaries and lawyers will find themselves handling complex international succession issues involving individuals of diverse nationalities with estates distributed across various countries.

The fundamental principle of international succession seems clear, in most cases the law governing the inheritance of heirs is the closest to that of the deceased, either nationality or domicile. However, applying this principle in practice can prove to be a complex process. According to Moroccan law, the distribution of a foreigner's assets in Morocco is governed by the legislation of their country of origin. However, should the deceased own properties in multiple countries, each state must determine which law to apply with regard to the distribution of the inheritance.

Zakania Bouabidia, a partner in the Moroccan office, commented "The question of international succession where there are assets in a number of countries can be complicated and requires the assistance of legal professionals with the expertise to aid the benefactors and navigate through the complexities of the law." Zakania further commented, "international succession law varies across the globe and in order to avoid a lengthy and costly procedure; the experienced lawyers across Giambrone & Partners' offices can ensure that the procedure is dealt with efficiency and concluded as soon as possible."

Heirs must authenticate their legitimacy through an Act of Notoriety, typically drafted by a notary. If the act is drawn up by a foreign notary, it must obtain an exequatur where the decision is made by a Moroccan judge for it to be considered valid.

Within the context of Moroccan inheritance law, both a traditional and a modern system coexist, the latter introduced during the protectorate period. In both cases, non-Muslim foreign heirs can assert property rights, provided it complies with the deceased's country's laws.

For Muslim foreigners, Islamic law automatically applies to their assets in Morocco, regardless of their nationality of birth. This could result in specific inheritance divisions, such as the son's right...