Christian and Non-Muslim Inheritance in Lebanon: Shares Under the 1959 Law
For Lebanon’s Christian and other non-Muslim communities, succession is governed not by religious-court rules but by a civil statute: the Law of 23 June 1959 on the inheritance of non-Mohammedans. This guide explains who inherits when there is no will, the protected share the law reserves for the closest relatives, and the limits on what a will can change. To see the figures for a particular family, use our inheritance shares calculator.
Which Estates This Law Governs
The Law of 23 June 1959 on the inheritance of non-Mohammedans governs the estates of Lebanon’s Christians (of all denominations) and other non-Muslim communities. It is a civil succession statute, applied by the ordinary courts, and it is separate from the Islamic rules that govern Muslim estates through the religious courts. It is also distinct from the estate transfer tax, which is a separate matter we cover in our guide to inheritance tax in Lebanon; this guide is about the shares, that is, who inherits and in what proportion.
What Makes It Different from Islamic-Law Succession
Two features set this regime apart, and both matter to families used to the Islamic model.
First, the law treats male and female heirs equally. Children share their portion in equal parts whatever their number and without distinction between sons and daughters (Article 59). There is no rule that a male takes twice the share of a female.
Second, the law recognises representation (per stirpes succession): where an heir has died before the deceased, that heir’s own descendants step into the place the heir would have taken and divide it among themselves (Articles 15 and 16). A grandchild whose parent has predeceased is therefore not excluded; the grandchild inherits in the parent’s stead.
Who Inherits When There Is No Will
When the deceased left no will, the estate passes by the shares the statute fixes. Heirs are sorted into three classes, and a nearer class excludes a more remote one (Article 14): the first class is the descendants (children and their issue); the second is the parents and the siblings; the third is the grandparents. If there is no heir in any class, the estate passes to the State (Article 21).
The surviving spouse inherits alongside whichever class is called, and the spouse’s share depends on who else survives (Article 20):
| The spouse survives with | Spouse’s intestate share |
|---|---|
| descendants (children or their issue) | one quarter |
| a parent or a sibling | one half |
| a grandparent | five sixths |
| no other heir | the whole estate |
Where descendants inherit and a parent of the deceased also survives, the parents take a fixed fraction of the estate alongside the descendants (Article 19). The rest of the estate, after the spouse’s and any parents’ shares, goes to the descendants in equal parts.
The Reserved Share: the Limit on Freedom by Will
A person subject to this law may make a will, but not an unlimited one. The law reserves a protected portion, the réserve, for the closest heirs, and a will is cut down to the extent it trespasses on that reserve (Article 58). The protected heirs (réservataires) are the descendants, the parents, and the surviving spouse; the spouse is therefore a forced heir, not merely an intestate one.
The size of the reserved share depends on which of these heirs survive (Articles 59 to 64):
| Surviving reserved heirs | Reserved share | Disposable by will |
|---|---|---|
| Descendants only | 50% (shared equally) | 50% |
| Spouse only | 30% | 70% |
| Parents only | 30% | 70% |
| Descendants + spouse + parents | 50% (descendants 30%, spouse 10%, parents 10%) | 50% |
| Descendants + spouse, or descendants + parents | 60% (descendants 40%, the other 20%) | 40% |
| Spouse + parents, no descendants | 50% (spouse 20%, father 15%, mother 15%) | 50% |
The part of the estate left over after the reserved share is the disposable portion, which the deceased was free to give away by will to anyone, an heir or a stranger.
Cutting Down an Excessive Will
If a will gives away more than the disposable portion, it is not void: it is reduced down to that portion when the estate is opened (Article 65). Two practical points follow. First, only a reserved heir (or those standing in that heir’s place) may ask the court to reduce the will; an heir who is not a reserved heir has no standing to complain. Second, in working out whether the reserve has been respected, the law looks not only at what the will gives but also at substantial gifts the deceased made during life, which are added back to the estate at their value when given (Article 66). A parent cannot defeat the reserve by giving assets away shortly before death.
A Short Example
Suppose a widow survives her husband together with their three children, and there are no surviving parents of the deceased. With descendants and a spouse surviving, the law reserves 40% of the estate for the children together and 20% for the widow, a protected 60% in all (Article 63). That leaves 40% as the disposable portion. If the husband made no will, the widow takes her intestate quarter and the children share the rest; if he left a will, it can direct that 40% to whomever he chose, but it cannot reach into the protected 60%. Because the exact split shifts with the number of heirs and which of them survive, the reliable way to see the figures for a real family is to compute them.
Making a Valid Will
A will under this regime must meet the form the law requires (Articles 54 to 56, read with the Decree-Law of 7 March 1929 on the wills of non-Mohammedans). In short, the will is either drawn up in authentic form before a notary, or written entirely by the testator’s own hand and then deposited, sealed, with a notary, or, for a will made abroad, with the Lebanese consul. A will that fails the form requirement is exposed to challenge, so the form is not a technicality to be left to chance.
A Note for Heirs Abroad
A foreign heir’s right to inherit Lebanese real property is recognised on a reciprocity basis (Article 8 of the Law of 23 June 1959, read with the land-registry rules), and inheritance shares are not subject to the authorisation that otherwise governs the acquisition of property in Lebanon by non-Lebanese. In practice this means heirs abroad usually do not need a separate acquisition permit to take their inherited shares, but the position should be confirmed for the particular family and assets.
Calculate the Shares
Because the shares turn on which heirs survive, their number, and whether there is a will, the dependable way to see them is to compute them on the actual family.
➤ Open the inheritance shares calculator to see each heir’s share and the reserved portion.
For how these shares fit into the wider picture of settling an estate, and the two systems that govern who inherits in Lebanon, see our pillar guide to inheritance law in Lebanon.
Related resources:
- Inheritance Law in Lebanon: A Guide for Heirs and Families Abroad
- Inheritance Tax in Lebanon: Rates, Exemptions and How to Calculate It
- Probate, Inheritance and Asset Transfer in Lebanon: Procedure and Inheritance Tax
- Wills and Testaments in Lebanon
- Inheritance Shares Calculator
References: Law of 23 June 1959 on the inheritance of non-Mohammedans (Articles 8, 14 to 21, 54 to 66); Decree-Law of 7 March 1929 (wills of non-Mohammedans).
Questions about inheritance shares or a will under the 1959 law?
Kallas Law Firm handles these matters before the Lebanese courts and authorities — get in touch.