Succession law
Inheritance in Tunisia: is there a new law in 2026?
Is there a 2026 inheritance law in Tunisia?
No. This has to be said first, because the question comes up constantly and rumours circulate.
The reform aimed at equality in succession was revived in 2018 and fuelled an intense public debate. It did not lead to the adoption of a law. The applicable positive law remains that of the Personal Status Code in force.
An estate opens on the day of death and is settled under the law then applicable. Basing a distribution on an announced but unenacted reform is the surest way to have the deed challenged.
Which text governs succession in Tunisia?
Book IX of the Personal Status Code governs the whole of Tunisian succession law: devolution of the estate, identification of the heirs entitled to inherit, and determination of shares.
The system combines principles drawn from Islamic law with modern provisions, producing a regime specific to Tunisia — which is why analogies with French law or with other laws in the region regularly lead to error.
Which heirs can never be entirely excluded?
Article 123 of the Personal Status Code provides that total exclusion cannot be invoked against six categories of heirs:
- the father;
- the mother;
- the daughter;
- the son;
- the husband;
- the wife.
Their share may be reduced by the presence of other successors, but they cannot simply be shut out of the estate.
How are shares calculated?
There is no single fixed share. Entitlements vary with the family configuration: whether there are children, parents, a surviving spouse, collateral relatives, and how many heirs stand in each rank.
Where the fixed shares allocated do not exhaust the estate, the radd (return) mechanism allows the residue to be distributed among the heirs concerned.
This is why a distribution is never calculated « in general »: it is calculated on the actual civil status of the family on the date of death.
Can you disinherit someone by will?
Testamentary freedom exists, but it is limited. A will cannot disinherit the priority statutory heirs.
A will drafted without regard to that limit is exposed to challenge and reduction before the court. It is far better to have its validity checked at the drafting stage than after the estate opens, once positions have hardened.
What to do when an estate opens
- Establish precisely who the heirs living on the date of death are — that list drives the whole calculation.
- List assets and liabilities, including debts, which are settled before any distribution.
- Check whether a will exists and whether it complies with the statutory limits.
- For estates with a foreign element — assets or heirs abroad — have the applicable law determined before any deed of distribution.
Frequently asked questions
Is there a new inheritance law in Tunisia in 2026?
No. No succession reform has been enacted. The applicable law remains Book IX of the Personal Status Code. The succession equality reform revived in 2018 did not result in legislation.
Which heirs cannot be entirely excluded from an estate in Tunisia?
Article 123 of the Personal Status Code protects six categories against total exclusion: the father, the mother, the daughter, the son, the husband and the wife.
Can a child be disinherited by will in Tunisia?
No. Testamentary freedom is limited: a will cannot disinherit the priority statutory heirs.
What is radd in Tunisian succession law?
Radd, or return, is the mechanism by which the residue of an estate is distributed among the heirs where the fixed shares allocated do not exhaust the estate.
Sources
This article provides general legal information, current as of 19 August 2026. It is not legal advice and does not replace an assessment of your specific situation. Only the texts published in the Official Gazette of the Republic of Tunisia are authoritative.