Egyptian New Inheritance Law: What Actually Changed?

If you are searching for the "Egyptian new inheritance law" under the impression that an entirely new law has replaced all previous legislation, the short answer may surprise you. The original inheritance law in Egypt is Law No. 77 of 1943, and it remains in force. The "new" amendment people are talking about is Law No. 219 of 2017, which is not a new distribution law but a punitive amendment.

Quick Answer

There is no "new inheritance law" that changes the statutory shares in Egypt. The heirs' shares (one-third, one-half, one-eighth, residuary estate) are still governed by Law No. 77 of 1943 and the rules of Islamic Sharia. The only significant amendment in recent years is Law No. 219 of 2017, which criminalised the deliberate withholding of an heir's share, imposing imprisonment of no less than 6 months and a fine of no less than EGP 20,000. That is what is actually "new." ^[1][2]

What Did the 2017 Law Add?

Before 2017, anyone who withheld an heir's share — typically a sister, wife, or daughter — faced a lengthy civil action before the court of first instance. Years of litigation. Heirs dying before receiving their entitlement.

Law No. 219 of 2017 amended Law No. 77 of 1943 by inserting Article 49 bis. In brief, it provides:

• Imprisonment of 6 months or more and a fine of EGP 20,000 to EGP 100,000 for anyone who deliberately refuses to deliver an heir's inheritance share or conceals an inheritance document.
• The penalty is doubled upon recidivism.
• The offender is exempt from punishment if the share or document is delivered before a final judgment is issued. ^[1]

The change here is fundamental. The matter shifted from a purely civil dispute to a criminal offence that can be reported to the Public Prosecution. This accelerates proceedings considerably, especially in family disputes over agricultural land and real property.

Note: The penalty requires "deliberate refusal." Mere delay in notarisation procedures or awaiting a certificate of inheritance is not a crime. Criminal intent to withhold must be proven.

Inheritance Shares Have Not Changed

Many people are mistaken on this point. The Egyptian new inheritance law — meaning the 2017 amendment — did not touch the statutory shares at all. The following rules remain in effect:

• A wife receives one-quarter if the husband has no children, and one-eighth if he does.
• A husband receives one-half if the wife has no children, and one-quarter if she does.
• A sole daughter receives one-half; two or more daughters receive two-thirds.
• A male residuary heir receives twice the share of a female in cases of residuary inheritance.
• The mother receives one-sixth when a descendant heir exists, and one-third when there is none, subject to conditions.

All of this is set out in Articles 11 to 38 of Law No. 77 of 1943, derived from Hanafi jurisprudence and the four Sunni schools of law. ^[2]

Non-Muslims are subject to their own religious laws in certain matters, but Egyptian courts have in multiple rulings applied Islamic inheritance law to them as well — a matter that continues to generate judicial controversy.

What to Do If Your Share Is Being Withheld

Practical steps in brief:

1. Obtain a certificate of inheritance from the competent Family Court at the last place of residence of the deceased. Two witnesses, a death certificate, and proof of kinship are required.
2. Request a property register search from the Real Estate Publicity Department covering the deceased's assets, and a bank account search if necessary.
3. Send a formal legal notice via a process server to the heir in possession, demanding delivery of your share. This notice later establishes knowledge and deliberate refusal.
4. File a complaint with the Public Prosecution relying on Article 49 bis of Law No. 77 of 1943 as amended by Law No. 219 of 2017.
5. Concurrently, bring a civil action for delivery of an inheritance share and/or a partition action before the Civil Court.

A criminal complaint alone frequently compels the withholding party to settle, because the exemption from punishment is available if delivery occurs before the final judgment. This is a genuine pressure point that did not exist before 2017.

For more on family and inheritance proceedings, see Personal Status Questions.

What About Proposals for New Amendments?

Social media periodically circulates rumours about a "new inheritance law" that would equalise shares between males and females or abolish residuary inheritance rules. As of the date of this article, no such law has been enacted in Egypt, and no bill to that effect has been approved by the House of Representatives. The statutory shares are constitutionally protected under Article 2 of the Constitution, which makes the principles of Islamic Sharia the principal source of legislation. ^[3]

Any talk of an "Egyptian new inheritance law" going beyond the 2017 amendment is — for now — speculation or misinformation.