The Widow, the Factory, and 600 Gold Coins — for German practice

A case that lands on German desks more often than one might think.

An Iranian entrepreneur dies in Germany. In Iran: no assets. In Germany: a factory and three houses. The widow claims her mahr from the children — 600 gold coins (Bahar-e Azadi). At today's gold price: roughly half a million euros. The children take it for a symbolic tradition. It is a claim.

1. The mahr does not die with the husband

It is not a symbol but a genuine liability of the estate. Under Iranian succession law the estate is distributed only after the deceased's debts have been settled (Arts. 868, 869 Iranian Civil Code). The widow wears two hats at once: creditor for the 600 coins — and heir on top. Distribute before that, and the claim catches up with the heirs.

2. The 110-coin argument comes to nothing

The other side almost always cites Article 22 of the Iranian Family Protection Act: "only 110 coins are enforceable." Misunderstood. The provision limits a coercive measure against a living debtor — not the existence of the claim. Against the estate, all 600 coins must be asserted.

3. The second standard defence does not carry here either

"Ind-al-estetaa" (according to means) instead of "ind-al-motalebe" (on demand) shifts the burden of proving capacity onto the wife. After death, however, the estate answers that question itself: a factory and three houses are the proof. The clause no longer decides whether — it merely has to be cleanly disposed of in the opinion.

4. The real work lies in proving Iranian law

For Iranian nationals, the German-Iranian Establishment Agreement of 1929 leads to Iranian succession law even for an estate located in Germany; the bridal gift itself has been characterised by the Federal Court of Justice since 2010 under the law governing the effects of marriage. Foreign law must be ascertained by the court of its own motion (§ 293 ZPO) — in practice through an expert opinion. Added to this are the cut-off date for converting the coins, the ordre public review of the succession shares and, where necessary, a certificate of inheritance under foreign law (§ 352c FamFG).

In short, for practice

Obtain the marriage contract in the original; do not argue over a translation. Establish the clause and the number of coins precisely. Draw up the estate inventory early: the claim comes first. Do not distribute before the position is clear.

The German proceedings belong in German lawyers' hands — that does not change. The Iranian legal layer is my work: opinions, documents from Iran, calculation, second opinion.

One legal system is never enough.