The obligatory bequest (al-Tanzīl) in Algerian Family Law

• Asma MEKKI

  University of Algiers 1, Algeria

The system of al-tanzīl (obligatory bequest or substitution) in Algerian Family Law constitutes a distinctive legal mechanism that operates at the intersection of the rules governing wills and inheritance. Under this system, the law substitutes for the will of the testator (the grandfather or grandmother). Accordingly, non-inheriting grandchildren are granted a share of the estate equivalent to the portion their father or mother would have received had they been alive, provided that this share does not exceed one-third of the estate. This share is distributed according to the rule that a male is entitled to a portion equal to that of two females. The tanzīl is classified as an obligatory bequest that takes priority over voluntary wills. What distinguishes this system is its unique legislative character, as it has no equivalent among other legally recognized bequests, since the Algerian legislator has restricted its application exclusively to grandchildren, regardless of their financial circumstances or the existence of other individuals who may also be excluded from inheritance.

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