Drafting a Will in Bahrain: Where and How to Start (For Non-Muslims)

Introduction

Estate planning is an essential component of personal legal planning for expatriates and non-Muslim residents in Bahrain. Despite this, many individuals remain unaware of how inheritance matters are addressed locally, or assume that foreign wills or informal arrangements will suffice.

Another common misconception is that non-Muslims are unable to execute a will in Bahrain at all. This assumption often leads to inaction and unnecessary risk.

This article provides a general overview of the legal considerations relevant to non-Muslims seeking to draft a will in Bahrain and outlines where and how the process should begin.

Legal Context: Muslims and Non-Muslims

Bahraini law distinguishes clearly between Muslims and non-Muslims in matters of inheritance.

While inheritance for Muslims is generally governed by Islamic principles, non-Muslims are not subject to these rules and may exercise greater testamentary freedom. This distinction, however, does not remove the need for careful legal structuring. The effectiveness of a non-Muslim will depends on whether it is properly prepared and capable of implementation under Bahraini law.

Clarifying a Common Misunderstanding

It is commonly assumed that non-Muslims are unable to execute a will in Bahrain, or that testamentary arrangements must be made abroad. This assumption is incorrect.

Non-Muslims may execute wills that are effective in Bahrain, provided that the relevant legal and procedural requirements are satisfied. The key issue is not whether a will can be made, but whether it has been structured and executed in a manner that achieves the intended outcome.

Importance of a Will for Non-Muslims in Bahrain

For non-Muslims, a will is the primary mechanism for ensuring certainty and control in estate succession.

A properly prepared will allows for the appointment of beneficiaries, ensuring that assets are distributed in accordance with the individual’s intentions rather than default legal rules.

A will also enables careful consideration of the jurisdiction and legal framework under which the estate is to be administered. This is particularly important where assets, family members, or legal connections span multiple jurisdictions.

In the absence of a valid and effective will, uncertainty may arise as to entitlement, applicable law, and the treatment of assets located in Bahrain, often resulting in delay and unintended outcomes.

Where and How to Start

For non-Muslims seeking to draft a will in Bahrain, the process should begin with legal advice rather than document preparation.

Drafting a will is not a purely administrative exercise. It requires a structured legal assessment to ensure that the will is capable of being implemented within the relevant legal framework. The starting point is therefore an evaluation of the individual’s personal, family, and asset position, both within Bahrain and, where relevant, across jurisdictions.

Our Role

We assist clients by providing tailored legal advice throughout the estate planning process, beginning with an assessment of how Bahraini law applies to their specific circumstances.

This includes advising on:

• The appropriate legal framework applicable to the client as a non-Muslim resident

• The identification and treatment of assets located in Bahrain and, where relevant, abroad

• The interaction between a Bahrain-focused will and any existing foreign testamentary documents

We also advise on the appointment of beneficiaries and other relevant roles, ensuring that the client’s intentions are clearly expressed and legally effective, while remaining aligned with local requirements.

Throughout, our focus is on ensuring that the will is not only properly drafted, but also practical and effective in execution. This includes anticipating procedural requirements and addressing potential areas of dispute or uncertainty before they arise.

By engaging legal counsel at an early stage, clients avoid the risks commonly associated with informal arrangements, generic templates, or wills prepared without regard to local legal and procedural considerations.

Why Instruct Us

Advising on wills for non-Muslims in Bahrain requires an understanding of local law, procedural practice, and cross-border considerations.

We assist clients with the preparation of wills tailored to their individual circumstances, with a focus on legal validity, enforceability, and practical implementation. By identifying potential issues at an early stage, we help ensure that testamentary arrangements are structured to operate as intended.

Conclusion

While Bahraini law affords non-Muslims flexibility in estate planning, that flexibility must be exercised within the correct legal framework to be effective. Misconceptions, informal arrangements, or improperly structured documents can significantly undermine the intended purpose of a will.

Non-Muslims residing in Bahrain are therefore advised to seek professional legal assistance when considering estate planning, to ensure that their wishes are clearly documented and legally effective.

Contact Us

If you are a non-Muslim resident in Bahrain and would like advice on drafting a will, or wish to understand how the legal framework applies to your specific circumstances, we would be pleased to assist.

We regularly advise clients on estate planning and testamentary arrangements in Bahrain. For a confidential discussion, please contact us to arrange an initial consultation at general@abdulwahab.info

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice.