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Law on inheritance for a property in Morocco

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espoirdujour

Hello

I am French. I am planning quite early on but I would like to know what will happen if I buy a flat or a house in Morocco.
Regarding inheritance which law would apply for this property in Morocco when I die ?
What will happen if I am not married at that time and if I have no children ?
What would happen if I am married with a Moroccan guy ? Will he be taxed ?
What will happen if I am married with a non Moroccan guy ?

I have lost my parents but have two brothers and one sister in France and two of them have children.
Thank you for your help.

touritox

Hello ,
I think that the house will become the property of your husband if you do not write a Guardianship paper to a person from your family, according to my knowledge when you get married and get Moroccan residency. All Moroccan laws on marriage and inheritance apply to you. I hope you will find a good answers from other expats .

espoirdujour

Thank you very much Touritox. I would have thought so too though I will continue to investigate. So much of our lives is about paperwork isn't it? I wish I was a turtle with the house on my back...

touritox

Yep its all about papers specially during this panademic , haha yeah and i want to be a bird to fly  😁
you know living in morocco its not expensive you can rent a good house without buy one .

espoirdujour

ahahah my sweetie in Morocco says the same   :D  Yes I could rent something it's true. Life is an adventure. I think I will end up in Morocco. This pandemic makes you think a lot....

GlenFaz

Hi
Here’s my understanding as UK National.
Normally law of your citizenship apply, if tax treaty in place then inheritance tax also not apply in Morocco. Your will would apply if you have one and you can register a copy here. If no will then French state rules.
About the Moroccan husband or any other person  that have legal rights they can claim like anywhere. I think using French law.

espoirdujour

Thank you very much GlenFaz. Though I currently live in the UK I don't have British citizenship and I don't want it. I had a French answer from somebody in the French forum and he said, to my surprise, that if I am on the list of the French abroad (in Morocco) the French law will apply. It's good because without children and husband I can pass everything to the person I want in a will. But it's very bad too because the person receiving the inheritance will be taxed 60%. Horrendous! I'd better find a way to avoid that. I find French law horrible, just a rip off. I hate law anyway. Only 'la loi de la nature' doesn't change.

GlenFaz

In uk law
You can leave £325000 cash assets and £175000 of house asset without tax. Tax is 40%. Your spouse is not taxed ever. You pass also your credits to your spouse. In end last one has £1M tax free.
I would think French laws as also some platform
In uk you are raked in everything you owned 7 years before death
So best is to get rid of all early, rent houses and let state pay your retirement home fees

espoirdujour

Thank you for the info GlenFaz. Yes the UK law seems to be much more generous when you die. These figures are well above the tax free limits in France. I will continue to investigate on what and how I can pass on without being a victim of a lawful robbery. Not that I will care anymore obviously (Lol) but it will make a big difference for my loved one. Currently without being married it looks like in the French law a partner (not husband) or friend or anybody not related with me could be taxed for as much as 60% above an asset of about 1600 euros... shocking!

karimhannikainen

@touritox hey My father died in Marocko and left a house there. I havet No papers in Marocko and dont exist in Marocko, i live in Sweden. how can i gett right ro THE house that My dead father ownes and left

Hamidfal
@karimhannikainen

Hi, I'm Hamid, lives in Casablanca-Morocco,

How can help you
Vakil
@karimhannikainen Hi, Sorry to hear this our condolences to you and the family.

Are you legal child of your father? surly he must have named you in his Moroccan Family Book? If so that's the first stage. You need to show you are his child. Do you have any other family, who might have the right to claim the inheritance?



If not you just have to show you're the legal child and come to Morocco and make the claim. IF you Father left a WILL then its more simpler, otherwise you have to hire a lawyer to assist you.

Hope this helps.



Regards

Arif
lizalubitmartini

@Vakil would you be so kind to help with information. My son is in similar situation. His Moroccan father recently passed away in Marrakesh. He left behind possessions, house, car. My son is the only child of his father but not Moroccan citizen. He has birth certificate from other country that states his father name on it.

My question is - being non Moroccan citizen would  my son be able to inherit after his father?

Said Idouarab

Do you have relatives , friends or neighbours  in Morocco who can testify and confirm that your son is who is ( you will need 12 of them )? Unfortunately in Morocco regardless of nationality or if you are in the family book you still have to get the so called 12 witnesses to testify in front of “ laadoul” to be able to get your inheritance. I am a Moroccan and had to do this each time one of my family passed away ( my father, my mother and my brother) our family book clearly states our relationship with each other but I still have to do this. Good luck.

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