Selling in a death disease

Selling in a death disease

Selling during a terminal illness is one of the most sensitive and questionable legal issues, especially when it comes to heirs’ rights and the validity of financial transactions at critical moments in a person’s life. 

This type of behavior is subject to precise controls in Saudi law, especially what is stated in the Civil Transactions Law and the Personal Status Law, with the aim of achieving justice and preventing harm to heirs or circumventing the provisions of the estate.

What is death disease?

Article 353 of the Civil Transactions Law defines death as a disease in which a person is unable to continue his usual work, in which destruction is prevalent, and in which death is associated.

What are the conditions for death sickness?

• The patient’s inability to continue his usual work, such as performing the duties of his job as a doctor or his profession as a carpenter.
• Illness may lead to destruction, including if the risk of death surrounds a person, such as in a state of war.
• Death due to disease.

Selling in a death disease

What are the types of actions of a patient in a dying illness in Saudi law?

The actions of the dying patient that transmit ownership

Transferred property transactions are those in which the right to property is transferred from one person to another, such as a sale or barter.

Article 172 of the Personal Status Law clarifies the provisions for the actions of a dying patient who transfers property, which are:

• If the action taken by a terminally ill patient is a donation such as a gift, then the will shall be deemed valid.
• If the action taken by a terminally ill patient is by way of exchange, such as selling, then it is in two cases:
  • If the compensation is at the price of the example to which people are accustomed, then the ruling on the will is not taken.
  • If the compensation includes favoritism, such as if the price is higher or lower than the usual, then in this case the disposition is invalidated to the extent of favoritism and takes the ruling of a will, and the amount of favoritism is in excess of the usual price.

Is it permissible to sell during a death illness?

A sale is valid in a terminal illness if the buyer is not an heir, provided that:

• No favoritism in the sale value.
• Not to exceed one-third of the estate.

However, if the sale is to one of the heirs in favor, the sale shall not be implemented to the extent of favoritism against the rest of the heirs except by authorizing them to do so.

In death row sales cases, financial aspects may interfere with inheritance and family rights provisions, making hiring a personal status attorney a necessary step to protect your rights and avoid any future dispute.

With the office of Attorney Abdul Majeed Al Rashid, you can contact a personal status attorney who has experience in handling such cases, to help you accurately understand your legal position and provide appropriate advice in accordance with the Personal Status Law.

How to prove the actions of a dying patient?

During a dying illness, the heir may act in ways that lead to the squandering of his money, which causes his heirs to be harmed by those actions.

Therefore, heirs have the right to take legal action to challenge the actions of a terminally ill patient by going to the competent court and presenting evidence proving that these actions are incorrect and that they were harmed by them.

This evidence includes submitting recent medical reports proving the health condition of their heir or witnesses to the contract or disposition.

Selling in a death disease

Personal status lawyer from the office of lawyer Abdul Majeed Al Rashid

Personal status lawyer from the office of lawyer Abdul Majeed Al Rashid

Death row sales cases remain issues that require high legal precision, especially when they relate to the rights of heirs and the provisions of the estate according to the personal status system. Here, the importance of seeking the assistance of a skilled lawyer who will guide you correctly and ensure the protection of your rights emerges.

Through the office of Attorney Abdul Majeed Al Rashid, you can access a qualified personal status lawyer who provides you with reliable legal advice, helps you understand procedures, and takes appropriate action in such cases.