Bahrain Inheritance Law: Legacy and Will

Published on October 30, 2025 and written by Cyril Jarnias

Inheritance law in Bahrain is a fascinating and complex field that reveals much about the country’s evolution, blending centuries-old traditions with modern developments. While the archipelago has preserved certain ancestral cultural practices, the growing influence of international legislation and contemporary needs has established an ever-adapting legal framework.

Understanding how inheritance and wills work in Bahrain therefore becomes essential for those wishing to navigate the subtleties of Bahraini law, where utilizing a detailed legal framework ensures a wisely orchestrated transfer of assets according to individual needs and expectations.

This article invites you to delve into the heart of the specificities and innovations shaping inheritance legislation in Bahrain today.

Inheritance Law in Bahrain: General Aspects

The evolution of inheritance law in Bahrain reflects the country’s history, marked by strong Islamic Sharia influence and gradual adaptation to the needs of a modern, international society. Historically, estate management relied on Muslim tradition, primarily the Maliki school, while the arrival of expatriates and economic development introduced new legal challenges.

Main Laws Governing Inheritance in Bahrain:

• Islamic Sharia constitutes the main basis for inheritance for Muslim citizens.
• For non-Muslims, the law of the country of origin may apply if expressly stipulated in the will and accepted by Bahraini authorities.
• In the absence of a valid will, Sharia generally applies by default, even for expatriates.
• The Bahraini Constitution and special decrees define the institutional framework, particularly for political succession.

Category	Muslims	Non-Muslims
Applicable Law	Sharia (Maliki School)	Law of country of origin (if recognized)
Compulsory Heirs	Yes (fixed shares)	Varies according to applied law
Foreign Will Recognized	Limited, subject to Sharia	Possible, registration often required

Influence of Sharia on Bahraini Inheritance Laws:

• Sharia strictly defines heirs’ shares according to their kinship.
• Heirs’ shares are fixed and cannot be modified, except for one-third of the estate (testamentary bequest), subject to compulsory heirs’ agreement.
• Women generally inherit a smaller share compared to men of the same degree of kinship.
• Exclusion of certain heirs (children of another religion, illegitimate children) may occur under strict Sharia application.

Differences Between Inheritance Rights for Bahraini Citizens and Expatriates:

• Muslim citizens are automatically subject to Sharia.
• Expatriates may designate, via their will, the law of their country of origin, but this designation must be recognized by local courts.
• In the absence of a will or recognition of foreign law, inheritance is subject to Sharia.
• Foreigners must provide legalized and translated documents, and recognition of foreign decisions depends on their compatibility with Bahraini public order.

Types of Inheritance Legally Recognized:

Testate Succession: possible but limited for Muslims (up to one-third of assets), more flexible for non-Muslims if their national law is accepted.

Intestate Succession: Sharia applies automatically, with predefined distribution of shares among heirs.

Main Institutions and Responsible Authorities:

• Religious Courts (Sharia): competent for Muslim inheritances.
• Civil Courts: may intervene for non-Muslim inheritances or in case of conflict of laws.
• Ministry of Justice: general supervision and certification of inheritance acts.
• Notaries and Consular Authorities: for legalization of expatriates’ documents.

Key Takeaways:

Inheritance in Bahrain follows legal duality: Sharia prevails for Muslim citizens, while expatriates can, under strict conditions, apply their national law. Caution and specialized legal assistance are essential in this multicultural and regulated context.

Expatriate Inheritance: Rules and Implications

Specific Rules Concerning Property Inheritance for Expatriates in Bahrain:

• Property Located in Bahrain: Inheritance of any local property is primarily governed by Islamic law (Sharia), applicable to nationals and expatriates alike, unless otherwise stipulated and locally recognized. Non-Muslim expatriates may request application of their country of origin’s law, but this must be clearly stated in a will and accepted by Bahraini courts.
• Property Located Abroad: These are generally subject to the law of the country where the property is located or the law chosen by the deceased in their will, depending on local authority recognition.

Property Type	Default Applicable Law	Possibility to Choose Another Law	Major Restrictions
Property in Bahrain	Sharia (mostly Maliki)	Yes, if will recognized locally	Limited areas for foreign ownership
Property Abroad	Law of property location	Yes, via will, subject to recognition	Depends on country and conventions

Testamentary Procedures and Legal Implications for Expatriates:

• Will Drafting: It is essential that the will designating application of the expatriate’s national law is drafted in the forms required by the chosen law and legalized/translated into Arabic to be valid in Bahrain.
• Recognition: Bahraini courts examine the will’s compliance with local public order and Sharia. If the will is not recognized, inheritance proceeds according to Sharia, even for non-Muslims.
• Local Procedure:
  • Presentation of death certificate, will, and civil status documents, legalized and translated.
  • Mandatory local court decision to validate foreign heirs’ rights.
• In the absence of a will, Sharia applies by default for property in Bahrain, limiting freedom of disposition and potentially excluding certain heirs according to Islamic tradition.

Impact of International Conventions and Role of Sharia:

International Conventions: Some bilateral agreements or conventions may facilitate recognition of inheritances or circulation of foreign judgments, but their scope is limited and depends on the expatriate’s country of origin.

Application of Sharia: For property in Bahrain, Sharia prevails unless foreign law is expressly accepted. Sharia imposes strict distribution rules, often different from Western practices (reserved shares for children, spouse, etc.).

Necessity of Consulting a Local Specialized Lawyer:

The complexity of interactions between local law, private international law, conventions, and Sharia makes consulting a local inheritance law expert essential, particularly for:

• Ensuring will validity and recognition.
• Anticipating potential restrictions or additional delays.
• Navigating local administrative and judicial obligations.

Main Differences with Bahraini Citizens:

• Bahraini Citizens: Fully subject to Sharia, with no possibility to choose another law for property located in Bahrain.
• Expatriates/Non-Citizens: Limited possibility to choose their country of origin’s law for property in Bahrain, subject to local recognition. Restrictions on real estate ownership (designated areas only) and need for additional procedures.

Key Takeaways:

• No specific inheritance taxation in Bahrain, but procedural fees and administrative delays to anticipate.
• Importance of a clear, compliant, and locally recognized will to avoid automatic Sharia application.
• Consultation with a specialist strongly recommended to anticipate difficulties and ensure last wishes are respected.

International Will: Specifics in Bahrain

The international will in Bahrain is subject to specific rules, strongly influenced by local Islamic legislation (Sharia) for Muslims, while non-Muslims may have their inheritance governed by their country of origin’s law if expressly stipulated in the will and recognized by Bahraini courts.

Main Specifics of Bahraini Laws on Recognition and Validity of International Wills:

• Sharia applies by default to any inheritance, unless an international will designates another law and this designation is accepted by local courts.
• Foreigners may indicate in their will the application of their country of origin’s law for transmission of their property located in Bahrain.
• In the absence of a will or if it is not recognized, inheritance is subject to Sharia.

Particular Requirements for Validity of a Foreign Will in Bahrain:

• Provision of legalized documents (death certificate, will, birth certificate, etc.) often translated into Arabic.
• Recognition of foreign decisions (wills, judgments, notarial acts) conditioned on their conformity with Bahraini public order and Sharia.
• The will must respect the form prescribed by the law of the country of drafting or that designated by the testator (nationality, residence, property location).
• Mandatory involvement of a local notary to authenticate documents and guarantee their compliance.

Summary Table of Validity Criteria for an International Will in Bahrain:

Criterion	Requirement in Bahrain
Applicable Law	Sharia (by default), foreign law if designated and recognized
Will Form	Compliance with country of origin or local law
Translation	Official translation into Arabic mandatory
Legalization	Foreign documents legalized and authenticated
Notary	Local notary involvement indispensable
Public Order	Respect of public order and Sharia

Legal Complexities Encountered:

• Additional time and cost for translation, legalization, and authentication of foreign documents.
• Risk of non-recognition if will provisions contradict Sharia or public order.
• Difficult coordination between country of origin courts, Bahraini courts, and heirs located in multiple countries.
• Possible disputes between Muslim and non-Muslim heirs, particularly if the will is deemed non-compliant.

Concrete Examples:

• A French deceased, resident in Bahrain, leaves real estate in Bahrain and France: The notary determines applicable law, requests French death certificates and wills, authenticates documents in Bahrain, and coordinates property transfer in each country.
• Heirs residing in the United States, France, and Bahrain: The notary centralizes communication, collects necessary consents and signatures, verifies document compliance, and ensures property transfer according to requirements of all three countries.
• Presence of a will drafted abroad: The notary verifies its validity under Bahraini and foreign law, proceeds with certified translation, then executes the deceased’s wishes.

Adherence to International Treaties:

Bahrain has not ratified the 1961 Hague Convention on the Form of Wills, limiting automatic recognition of foreign wills. Compliance with local laws therefore remains essential.

Importance of Local Legal Advice:

Consulting a notary or lawyer specialized in international inheritance is essential for:

• Securing property transfer.
• Guaranteeing recognition of foreign will.
• Limiting risks of dispute or fraud.
• Ensuring compliance with tax and administrative obligations in each concerned country.

List of Essential Steps for Recognition of an International Will in Bahrain:

• Draft the will in compliance with country of origin law or designated applicable law.
• Plan certified translation into Arabic of all documents.
• Legalize documents with competent authorities.
• Have documents authenticated by a local notary in Bahrain.
• Verify will compliance with Sharia and Bahraini public order.
• Coordinate procedures with foreign and local authorities.

Important text to highlight:

In Bahrain, recognition of an international will strictly depends on its compliance with Sharia and local public order, as well as validation by Bahraini courts. Assistance from a local legal professional is essential for any international inheritance involving this country.

Inheritance Law Legislation: Practical Advice

Main Legal Texts and Competent Organizations

In Bahrain, inheritance is primarily governed by Islamic Sharia (mainly Maliki school) for Muslims. For non-Muslims, applicable law may be that of the country of origin, subject to agreement or testamentary provisions recognized locally.

Local laws do not provide for official inheritance taxes on hereditary transfers in 2025.

Main concerned organizations are:

• Islamic and Civil Courts
• Ministry of Justice, Islamic Affairs and Waqf Properties
• Public Notaries (for will authentication)
• Land Registry (if real estate involved)

Category	Muslims	Non-Muslims
Applicable Law	Islamic Sharia (Maliki School)	Civil law or law of country of origin
Compulsory Heirs	Yes (fixed shares by Sharia)	Varies according to chosen or applicable law
Foreign Will Recognized	Limited, subject to compatibility with Sharia	Possible but registration often required

Steps to Prepare a Legally Valid Will in Bahrain

1. Draft the will in writing in a locally recognized language (Arabic recommended).
2. Clearly specify:
   • Exhaustive list of heirs
   • Desired distribution of assets
   • Possible application of foreign legislation for non-Muslims
3. Authenticate the document before a Bahraini public notary.
4. Officially register the will with the competent court.

Administrative Formalities During Inheritance

• Declaration of death to concerned ministry; obtain death certificate.
• Presentation to competent court with:
  • Original death certificate
  • Certified copy of registered will
  • Supporting documents regarding heirs (birth/marriage certificates)
• Official translation into Arabic of foreign documents if necessary.
• Wait for local court decision validating inheritance distribution.

Advice to Avoid Disputes Between Heirs

Recommended practices:

• Regularly consult a legal expert specialized in Bahraini or international inheritance law before any will drafting/updating.
• Explicitly mention in the will:
  • Precise distribution
  • Beneficiaries
  • Specific modalities according to nationality/religion/geographic area concerned
• Include a clause on prior arbitration or mediation in case of disagreement between heirs.

Specifics Related to Foreign Residents’ Rights in Bahrain

Foreigners may designate in their will the application of national law for their property located in Bahrain; this must be expressly stipulated and recognized locally.

Key points:

• Provide all legalized documents translated into Arabic: death certificate, notarized act/foreign will…

Real estate restrictions:

Only Bahraini citizens and certain GCC nationals can freely own outside designated areas; foreign ownership strictly limited geographically.

Synthetic List of Best Practices for Expatriates

• Inquire about bilateral agreements concerning international inheritances
• Draft/test will according to local forms upon installation in Bahrain
• Regularly update inheritance provisions following family/legal changes