What Is Wasāyah After the Father's Death in Jordan?

❓Frequently Asked Questions

Does the mother automatically become custodian after the father's death?

Not automatically. The paternal grandfather has priority. If none, the mother applies formally to the court for appointment as custodian, and she is usually preferred if qualified and the children's interest favors her.

Can the father appoint a custodian before his death?

Yes; he may execute an elective will before a notary appointing a specific person (his wife, brother, brother-in-law) as custodian over his minor children. It takes effect after judicial ratification, conditional on the appointee's qualification.

What happens to the inherited funds of the minors?

They are immediately inventoried and held under court supervision. The custodian manages them in the minor's interest and cannot dispose of major assets without court permission. Periodic reports are filed until the minor reaches majority.

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