I'm an heir abroad: can someone act for me in Lebanon, and how do I sign the power of attorney?

Also asked as: “Power of attorney for an inheritance in Lebanon from abroad” · “Can a relative handle my inheritance in Lebanon?” · “Do heirs need to travel to Lebanon?” · “Wakala for an inheritance in Lebanon”

What the person you name can do#

Kallas Law Firm says an heir who cannot travel can give a power of attorney (wakala) to a lawyer or trusted relative in Lebanon, drawn to cover every step: the estate declaration, the Probate Decision, the tax settlement, and the transfer or sale of the assets^[1]. The hasr irth (Probate Decision) is the court decision that establishes the death and names the heirs and their shares. No property can be moved into the heirs' names until it exists^[1,13,16]. Here is what a hasr irth is and how to get one.

Selling is a separate matter. According to Kallas, a sale is an act of disposition, so a general power of attorney is not enough and you need an express special mandate to sell^[10]. No source we read says whether a general POA covers the declaration, the hasr irth and the tax steps, or whether each needs its own clause. Ask the lawyer who will use the POA to write the wording, and read about general and special powers of attorney.

If the heirs cannot agree and one of them asks a court to end the co-ownership, Kallas says the whole case can be run through a lawyer under a POA notarised abroad and authenticated through the Lebanese consulate^[17]. The firm adds that an heir who cannot be found does not stall the case: a party whose residence is unknown is served by a posting at the court and by publication in the Official Gazette and two local newspapers.

When the death happened abroad#

Per Kallas, a death abroad has to be recorded in Lebanon first. The hospital death certificate goes through the Lebanese embassy or consulate, then the Ministry of Foreign Affairs, then the Ministry of Interior, which strikes the name from the civil-status records. This takes about two months^[13]. The family extract with the name struck off is one of the documents the court needs for the hasr irth^[1,13,16]. None of our sources says whether a foreign death certificate must be translated into Arabic, or by whom, so ask the Lebanese mission that will stamp it.

The clock starts at the death. Heirs must file the estate declaration with the Ministry of Finance within 90 days of the death^[12,13,14] and complete the file within six months of the death^[12,13]. Kallas says the finance department may extend the deadline by up to one year^[1,13] where the heirs were outside Lebanon at the death or the events happened abroad, and that deaths abroad are handled by the Beirut transfer-fee department. The extension is not automatic, so your agent has to ask for it. See deadlines and penalties for late declarations.

Signing the power of attorney where you live#

You have two routes. You can sign in person at a Lebanese embassy or consulate. Or you can sign before a notary where you live, have the signature authenticated by the local authorities, then have it legalised by the Lebanese embassy or consulate^[2,3,4,5]. An apostille does not replace these steps, because Lebanon is not a member of the Apostille Convention^[6]. The chain depends on the country:

• United States: notary, county clerk where required, Secretary of State, then the Lebanese mission^[2,3]. Fees are paid by money order or cashier's cheque only^[2,3,15].
• United Kingdom: GOV.UK's general guidance for countries outside the Apostille Convention gives FCDO Legalisation Office, the Lebanese embassy in London, then Lebanon's Ministry of Foreign Affairs^[18]. The guidance does not name Lebanon.
• Belgium and Luxembourg: local notary, then Belgian/Luxembourg MFA, then embassy by registered mail^[5]. The stated processing time is 10 working days.
• United Arab Emirates: the Dubai consulate issues POAs for Lebanese nationals and for Palestinians with Lebanese travel documents. Other nationals sign before a UAE notary, then get UAE foreign-ministry and consulate attestation^[19].

Fees vary by mission and by type: USD 50 special, USD 100 general^[2,3,15] per signature at US missions, EUR 44 special, EUR 88 general^[4] in the Netherlands, and AED 184 special, AED 368 general^[19] in Dubai. The Sydney consulate lists $145 general, $72.50 special (cash)^[20], but its page does not name the currency, so confirm the amount with the consulate. If you sign a real-estate POA before a local notary, the New York and Detroit consulates require two witnesses who are not relatives^[3,15]. Older signers need a medical certificate, from 70 (Washington, Dubai) or 80 (Netherlands)^[2,4,19].

Kallas Law Firm says documents signed abroad, such as a POA or a death certificate, generally need two stamps in this order before they can be used in Lebanon: Lebanese mission, then the Ministry of Foreign Affairs^[1,17]. The US, UAE and Belgian mission pages stop at consular legalisation and mention no further step in Beirut. Ask the notary or Land Registry office that will use your POA whether they need the ministry stamp. More in the Beirut foreign ministry step.

Keeping the POA usable and safe#

Kallas Law Firm says a power of attorney does not lapse just because time passes, unless a term is written into it^[10]. The same firm says an agent registering a right at the Land Registry must show a POA no more than 5 years old^[10,11], and the registrar can raise this on his own for an ordinary POA. If the estate may take years to settle, plan to sign a fresh one.

Kallas also says an ordinary POA ends when the person who gave it dies, while a POA given in the interest of the agent or of a third party survives the principal's death^[10] and stays binding on the heirs. So a POA the deceased signed in someone else's interest may still bind you as an heir. Ask your lawyer to find out whether one exists.

Lebanese missions also revoke powers of attorney. The Dubai consulate does it for AED 276 per signature (Dubai)^[4,19] and asks for a copy of the POA being revoked; the Netherlands embassy says cancellation can be arranged by emailing its consular services. Neither page says how a revocation reaches the notary or the Land Registry in Lebanon. Send your agent written notice and keep proof. Read how to protect your property from a forged power of attorney.