What Is a Will in Jordanian Law?

In Jordanian law, a will is governed by the Personal Status Law, specifically under the section on "الوصية" (the will). Here are some key points:

1. Eligibility of the Testator (الموصي): According to Article 269 (المادة 269), the person making the will (الموصي) must be capable of donating, meaning they should be an adult, sane, and of sound mind. If the testator is under legal guardianship due to foolishness or negligence, they can still make a will with the court's permission. The will is not invalidated by the testator's legal guardianship or by continuous insanity leading up to death.

2. Acceptance of the Will: As per Article 257 (المادة 257), a will becomes binding upon acceptance by the beneficiary after the testator's death. The acceptance can be explicit or implied. Similarly, the will can be rejected explicitly after the testator's death.

3. Beneficiaries with Limited Capacity: Article 259 (المادة 259) outlines that if the beneficiary is an unborn child or someone lacking legal capacity, the acceptance or rejection of the will is managed by their legal guardian or custodian. If no one is available to accept or reject on behalf of those with limited capacity, they can do so themselves once the impediment is removed.

4. Subject of the Will (الموصى به): According to Article 277 (المادة 277), the will can pertain to any valuable property owned by the testator, whether it is a specific item, a share, or a benefit. It is also permissible to bequeath the right to manage state-owned lands.

For official advice and to ensure compliance with all legal requirements, it is recommended to consult a qualified lawyer.