Inheritance Lawyer in Iran: Navigating Iranian Estate Law

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Dealing with inheritance after a loved one’s death can be emotionally taxing and legally complex, especially within Iran’s legal framework. Whether you are an heir trying to secure your entitlement or a foreigner with assets in Iran, having the right inheritance lawyer in Iran is critical. MJK Law Firm offers experienced guidance on Iranian estate law, helping heirs navigate everything from Islamic succession rules to drafting wills and handling disputes.

What Is Inheritance Law in Iran?

Legal Foundations

In Iran, inheritance is governed primarily by the Civil Code, which reflects Islamic (Shia) legal principles.
Key points include:

Heirs are categorized based on blood relations (parents, children, siblings, etc.) and by marriage (spouse).
Fixed shares: certain heirs have predetermined quotas under the law.
There are rules that restrict how much of an estate can be freely distributed via a will: typically, only up to one-third can be freely bequeathed beyond the fixed shares, unless other heirs agree.

How an Inheritance Lawyer Helps

An inheritance lawyer in Iran (or an international counsel familiar with Iranian law) plays a vital role in multiple ways:

Identifying the Heirs

Determining who qualifies as an heir under Iranian law (parents, children, spouses, more distant relatives).
Establishing the “degree” of relationship, which affects the share.

Valuing and Gathering Assets

Assessing the deceased’s estate (property, bank accounts, movables).
Ensuring necessary documentation is collected (debt statements, title deeds, valuations).

Clearing Liabilities

Before inheritance distribution, debts and liabilities must be paid.
Also, funeral costs and other legal dues are settled first.

Drafting or Validating Wills

Advising on a will (testament) that complies with Iranian law and Sharia rules.
Ensuring that bequests do not exceed permitted limits (e.g., the one-third rule).
Working with non-Iranian clients to align their wishes with local legal norms.

Power of Attorney (“PoA”) / Mikhak

Helping heirs (especially those abroad) formalize a PoA so that a trusted agent can manage inheritance matters in Iran.
Guiding the use of Mikhak — a system often used by Iranian expatriates to grant formal powers remotely.

Court Proceedings & Probate

Representing heirs in court when there is a dispute (e.g., contesting shares, challenging a will).
Handling applications for “Certificate of Inheritance / Inheritance Division”, which is needed to transfer assets legally.
Dealing with cases where heirs are missing, unborn, or there’s uncertainty (e.g., a conceived child at the time of death).

Resolving Disputes

Mediating between heirs in case of conflict.
Advising on settlement — often, heirs may agree on dividing the estate amicably through a “peace agreement.”
Litigating if necessary.

Common Challenges & Risks Without a Lawyer

Without proper legal guidance, heirs may face:

Incorrect division: Misapplication of Islamic fixed shares / miscalculating entitlements.
Legal formalities missed: Important steps like paying debts or getting a valid inheritance certificate may be skipped or mishandled.
Cross-border complications: Heirs living abroad may not be aware of how to appoint someone to act on their behalf in Iran legally.
Will disputes: If a will exceeds the legal limit or hasn’t been drafted properly, it could be contested.
Tax issues: While not a classic “inheritance tax,” there are financial obligations and tax-related complexities tied to inheritance transactions and asset transfers in Iran.

Key Documents & Procedures

Here are the main documents and procedural steps involved in inheritance cases in Iran:

Death Certificate

First, the death of the decedent must be legally documented.

Asset Inventory

Lawyers help list and value all the assets.
Include movable (bank, cars) and immovable (real estate) property.

Debts & Obligations Statement

Gather evidence of outstanding debts, funeral costs, other liabilities.

Will / Testament (if any)

Review whether a valid will exists.
Confirm whether it respects the “one-third rule.”

Power of Attorney / Mikhak

If heirs are abroad or cannot appear personally, they often provide a formal PoA in the Mikhak

Application for Certificate of Inheritance

Submit required forms to a civil court (or relevant authority) for inheritance certification.
Heirs may need to attend court or send their legal representative.

Distribution Agreement

Heirs agree on how to divide the inheritance (if there is no will or if they want to settle amicably).
Or court decides how to distribute based on the law.

Transfer of Assets

After certification, the lawyer helps transfer titles, bank accounts, etc., to heirs.

What Happens If There Is No Will

If a person dies without a will, Iranian law prescribes how inheritance is divided under the Civil Code:

Heirs are grouped by “classes” (first, second, third degree)
Shares are allocated according to fixed quota rules. For example:
- Children (sons & daughters) typically inherit, but sons often get double the share of daughters.
- The surviving spouse (husband or wife) has specific fixed shares based on whether there are children.
If no legal heirs exist, the judge may make a disposition of the estate.
There are disqualification rules: for example, someone who intentionally killed the deceased cannot inherit.

Why Choose MJK Law Firm for Inheritance in Iran

At MJK Law Firm, we combine deep knowledge of Iranian inheritance law with a compassionate, client-centered approach.

Expertise in Sharia & Civil Code: Our attorneys are well-versed in the fixed-share system and how it interacts with broader estate planning.
Cross-border Experience: We assist Iranian expatriates and foreign heirs with PoA, Mikhak processes, and representation in Iran.
Dispute Resolution: Whether through negotiation or litigation, we help clients resolve inheritance conflicts efficiently.
Transparent Process: From gathering documents to court applications, we guide you every step of the way and explain legal jargon in plain language.
Cost-Effective: We design our services to be sensitive to the financial and emotional burden inheritance matters often carry.

Common Questions (FAQ)

Q: Can you leave more than one-third of your estate in a will?
A: Generally, under Iranian law, a testator can freely dispose of up to one-third of their estate in a will without the heirs’ consent. To go beyond that, all legal heirs must agree.

Q: What if one heir lives abroad?
A: An heir abroad can appoint a trusted person in Iran via a Power of Attorney (PoA) or through the Mikhak system. A lawyer can prepare and validate this, ensuring the representative can act fully on behalf of the heir.

Q: What happens if there is a missing or unborn heir?
A: If there is a conceived (but unborn) child at the time of the testator’s death, the law requires that part of the estate be reserved for that child until its status is determined. If an heir is untraceable, their share can be held in abeyance until their fate is resolved.

Q: Can someone disinherit their legal heirs?
A: Not completely. Under the fixed-share system, certain heirs have non-waivable legal rights. A will cannot override those shares unless there is explicit consent from affected heirs.

Call to Action

If you are navigating the complexities of inheritance in Iran, whether as a local heir or someone living abroad, don’t do it alone. Contact MJK Law Firm today for a confidential consultation. Our experienced inheritance lawyers will help you understand your rights, prepare the necessary legal documentation, and guide you through inheritance certification, asset division, and dispute resolution — every step of the way.