Death is one of the legal means for appropriation of property. Upon a person’s death, subject to a valid will, their property will be transferred to their heirs irrespective of their domicile. One common concern of Iranians residing abroad or holders of dual nationality is management of their property after their death. It is important to note that according to Iranian laws, people are legally entitled to transfer a third of their property as per their will and the law allows them to choose an executor to handle their property after their death. Drafting a legally valid will, obtaining a certificate of inheritance division, sealing, payment of inheritance tax by heirs and etc. are legal actions that require legal consultation or delegation to a lawyer.
After a father`
s death, his property will be shared among his sons and daughters. In Iran`s former inheritance law, the share of son was twice the share of a daughter but after amendments in the law, sons and daughters shares are now equal. After the death of a husband, one eighth of his property will be given to his wife. In case the man has children, the share of the wife will rise to one fourth of the man`s property. Generally, an individual`s property will be primarily distributed among his children, parents and spouse (first category). If the dead does not have the mentioned relatives, his property will be distributed among the second category which includes aunts, uncles and grandparents.
To be continued...
FAR Law Firm