Validity, Challenge and Enforcement of Wills in Iran

Iranian law distinguishes a testamentary transfer of property from a testamentary appointment to perform acts after death. The first review should identify what the document actually does, when and how it was signed, whether a later instrument exists, and which assets or duties it covers. A succession certificate may record the existence of an official will, but it does not automatically resolve every question of validity or interpretation.

Article 276 of the Non-Contentious Matters Act recognizes official, holographic and secret forms of will, each with its own formal requirements. Other instruments and foreign wills require case-specific analysis. Authenticity, the testator's legal capacity, alterations, revocation, competing versions and the form in which the document is presented may all affect whether an Iranian court or authority can rely on it.

Under Article 843 of the Civil Code, a testamentary disposition beyond one-third of the estate is not effective as to the excess unless the heirs approve it. The calculation should not be made from an assumed asset list: estate liabilities, asset ownership and the legally relevant estate value must first be reviewed. Approval by one heir does not necessarily bind every other heir's share.

A foreign probate order or will should not be treated as automatically enforceable in Iran. Certified copies, proof of finality, Persian translation, authentication and evidence of the applicable foreign law may be required. Enforcement may also involve separate property, bank, company, tax or registration steps after the will issue is decided.