Under Muslim personal law, a Muslim can bequeath up to one-third of the estate after funeral expenses and debts, and a bequest to an heir needs the consent of the other heirs. The rest passes by fixed shares. A will can still be very useful to appoint an executor, make gifts to non-heirs and direct how property is managed.
- Document route
- Case by case: Indian Embassy for Yemen in Djibouti, or signing in India or a third country
- Time difference
- IST is 2h30 ahead of Yemen all year
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Yemen: how it works
We draft the will within the one-third limit, appoint an executor in India, and record any consents of heirs where a bequest is to an heir. We also advise on lifetime gifts (hiba), which follow their own rules.
When needed, we apply for letters of administration or a succession certificate and handle transfers.
Lifetime gifts (hiba) are often used in Hadhrami families to settle property during the owner's lifetime; we draft the gift with delivery of possession so that it cannot later be challenged.
What clients in Yemen should know
- Bequests beyond one-third need the heirs' consent.
- A hiba must be completed by delivery of possession.
- Keep the will safe and tell the executor where it is.
Step by step from Yemen
Video consultation
A call at a time that suits Yemen, after we have read your documents.
Documents signed in Yemen
Case by case: Indian Embassy for Yemen in Djibouti, or signing in India or a third country
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Yemen where needed.
The full guide
This page covers what changes when you are in Yemen. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Yemen and the Inheritance & Documents practice area.
Questions from clients in Yemen
Can I leave my house to one son?
Only with the consent of the other heirs, beyond the one-third rule.
Does a Muslim will need two witnesses?
It is wise to follow formalities, though Muslim wills can be informal.
Is probate needed?
Usually not for Muslims, but letters of administration may help.
Is a hiba better than a will?
It can be, because it takes effect during life and is not limited to one-third.