Inheritance and wills for foreign property owners in Oman

Many buyers think of everything except one question: if something happens to the owner, who inherits the property in Oman? The answer is not simple and depends on the owner's religion, the type of property and whether there is a will. This article covers the basics; it is not a substitute for legal advice.

Which country's law applies?

• Muslim owners: Oman's personal status law, based on Islamic jurisprudence, usually applies and determines the heirs' shares.
• Non-Muslim owners: in common practice, the law of the owner's home country is generally applied, and a will made under that law is honoured if its formalities are met.

Check how your situation is treated and always speak to a lawyer.

Property in tourism complexes (ITC) is a separate case

Most foreigners buy in Integrated Tourism Complexes (ITC). According to a legal analysis by Trowers & Hamlins, passing this property to heirs is not automatic:

• Heirs must apply to the Ministry of Heritage and Tourism and the Ministry of Foreign Affairs.
• In some circumstances, if there is no qualifying heir or clear decision, the property may pass to the complex's management company or the Ministry of Finance.

That is why a will is essential for ITC property.

How is a will made valid?

• In writing, with witnesses under the applicable law
• A certified Arabic translation
• Attestation and legalisation if it was made outside Oman
• A precise description of the property: project name, unit number and title deed number

Bank accounts

On the account holder's death, bank accounts in Oman are frozen until the inheritance is settled. If instalments or service charges are paid from that account, the family needs a plan for this period.

Residency tied to the property

Owner residency and Golden Residency depend on owning the property. If the property is transferred or sold, residency issued on that basis is affected too. Heirs must qualify in their own right to keep residency.

What to do now

• Make a will that names your Oman property by project and number.
• Keep a copy of the title deed, sale contract and payment records where your family can reach them.
• Consider joint ownership with your spouse from the start (ask at title registration).
• If you bought through a company, make the shareholding and directors clear.
• Consult a lawyer in Oman, especially for ITC property.

How R2LUX helps

At purchase we hand you the full property documents and introduce you to reputable lawyers in Muscat so you can set up your will and form of ownership correctly. This article is general information, not legal advice.