Self-guardianship after the death of the father

Self-guardianship after the death of the father

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

According to the Saudi Personal Status Law, guardianship does not automatically transfer to a specific relative (such as a grandfather, brother, or mother) after the death of the father.

Based on Article 137 and Article 145 of the Law, the guardianship order after the death of the father takes one of two paths:

Selected guardian: 

Guardianship passes to the guardian chosen and appointed by the father before his death to care for his minor children.

Who is appointed by the court:

 If the father does not appoint a guardian before his death, the competent court will appoint the most suitable guardian based on what the minor’s interests require.

Therefore, a court guardianship deed is required to appoint a guardian after the father (in the absence of a guardian appointed by him), and guardianship is not automatically established for any person simply by kinship.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article One Hundred and Thirty-Seven of the Personal Status Law and its regulations
• Article One Hundred and Forty-Five of the Personal Status Law and its Regulations