Inheriting a property

    Hello everyone.
A close friend of mine's Mother passed away last year, they are English and the mother owned a property in Morocco. She left a will in England and left the property to my friend, however when trying to take ownership of this property the Moroccan authorities will not accept this will.

My friend does not know what to do, the property is just sitting there and she can't claim ownership. Does anyone know what she can do to take ownership of the property?
   

    -@alfice2024

I'm sorry to hear about your friend's situation. Inheriting a property in Morocco as a foreign national can be complex, particularly when the will is made under UK law. Here's a general guidance that could help your friend:

1. Moroccan Legal System: Morocco's legal system is different from that of the UK and follows a system similar to France's. For real estate inheritance, it's usually advisable to have a will executed in accordance with the laws of the country where the property is located (Morocco, in this case). Without a local will, the inheritance process can be more complicated and may require legal assistance.

2. Consulting a Moroccan Lawyer: Your friend should seek advice from a lawyer qualified in Moroccan law. They can assist in understanding the specific requirements for recognizing a foreign will in Morocco and guide through the legal process. It's important to find a lawyer who can navigate both Moroccan and international law.

3. Renvoi Concept: There's a legal concept called "renvoi" which refers to the country of nationality to determine questions of succession. However, this can cause issues as foreign rules often refer to the law of the country where one was born or one's nationality, leading to legal complexities. Therefore, having a local Moroccan will is generally recommended to provide certainty and ensure that it does not revoke the existing English will, or vice versa.

4. Potential Tax Implications: Your friend should also consider the potential tax implications in both Morocco and the UK. It's advisable to check both countries' tax laws, including any double taxation agreements that might be in place. Understanding these implications is crucial, especially when transferring or selling the property later.

5. Proof of Legal Relationship: If there is no Moroccan will, your friend would need to prove their legal relationship to the deceased, such as being a child or a named heir. This may involve presenting documents like birth certificates or the UK will to Moroccan authorities, potentially with certified translations.

In summary, your friend should seek legal advice from a Moroccan lawyer and consider making a local Moroccan will. They should also be prepared for potential legal complexities and tax implications. It's a challenging situation, but with the right guidance, your friend can navigate through it.

Regards

Arif Esa