Egyptian Inheritance Law: Who Inherits and What Is Their Share?

If you are trying to understand how a relative's estate is divided in Egypt, you are dealing with a combination of Islamic law and the Law of Inheritance No. 77 of 1943, applied by the Family Courts. This concise guide explains who inherits, how shares are calculated, and when you need a Certificate of Heirship.

Quick Answer

Egyptian inheritance law is based on Islamic law provisions, organised under Law No. 77 of 1943. The estate is divided after settling debts and executing any bequest (limited to one-third of the estate for non-heirs). Heirs fall into three categories: Quranic heirs with fixed shares (such as the husband, wife, mother, and daughters), then residuary heirs ('asaba, such as the son, father, and full brother), then distant kindred (dhawi al-arham). In general, a male receives twice the share of a female of the same degree. A non-Muslim does not inherit from a Muslim and vice versa. To establish inheritance rights, you need a Certificate of Heirship issued by the competent Family Court.

Who Inherits Under Egyptian Inheritance Law?

Heirs under Egyptian inheritance law are ranked in a precise order. Quranic heirs with fixed shares take their prescribed portions first. Residuary heirs then take what remains.

Primary Quranic Heirs:

• Husband: one-half if the wife left no surviving descendants; one-quarter if she did.
• Wife (or wives collectively): one-quarter if the husband left no surviving descendants; one-eighth if he did.
• Mother: one-sixth where a surviving descendant or a plurality of siblings exists; one-third otherwise.
• Father: one-sixth where a surviving male descendant exists; takes the residue as a residuary heir in other cases.
• One daughter: one-half. Two or more daughters: two-thirds shared equally. Where a son is also present, daughters become residuary heirs alongside him — "the male receives twice the share of the female."

One rule on which there is no disagreement: there is no inheritance between a Muslim and a non-Muslim (Article 6 of the Law of Inheritance), and an intentional killer does not inherit from his victim (Article 5).

A common mistake: grandchildren do not inherit alongside the deceased's own sons. A son excludes the son's children. However, the "obligatory bequest" provisions in Articles 76 and 77 of the Law of Wills No. 71 of 1946 entitle the children of a predeceased son or daughter to a share not exceeding one-third of the estate.

How Are Shares Calculated in Practice?

Consider this example: a man dies leaving a wife, a mother, a son, and a daughter.

• Wife: one-eighth (because surviving descendants exist) = 1/8.
• Mother: one-sixth = 1/6.
• The remainder is divided between the son and daughter in a 2:1 ratio.

Denominators are unified and the residue is distributed at a ratio of 2:1 between the son and the daughter. The estate includes real property, movables, cash, shares, and in some cases a pension, after deducting:

1. Funeral and burial expenses.
2. Documented debts.
3. Bequests up to one-third of the estate to non-heirs (bequests to an heir require the consent of the remaining heirs after death).

What remains is then divided. Real property is not automatically partitioned in kind; a partition action before the court may be required if the heirs cannot agree. For more on family court procedures, see Family Law Questions in Egypt.

Important: Calculations appear straightforward in simple examples, but the rules of 'awl (proportional reduction of shares), radd (return of the residue to Quranic heirs), and hajb (exclusion) can completely alter the outcome. Do not rely on a general table without having your specific case reviewed.

How to Obtain a Certificate of Heirship

The Certificate of Heirship is the official document that identifies the heirs and their shares. Without it you cannot transfer real property, withdraw bank balances, or collect a pension.

Steps in Brief:

1. Submit an application to the Family Court for the jurisdiction of the deceased's last place of residence.
2. Attach the death certificate, national identity cards of the heirs, the marriage certificate, and birth certificates of the children.
3. Bring two witnesses who are not among the heirs to testify to the list of heirs.
4. Pay the court fees (nominal, typically a few tens of Egyptian pounds depending on the court).
5. The certificate is usually issued within a few weeks once all documents are complete.

Once issued, take it to the Real Estate Publicity Department to register the transfer of ownership, and to banks and government authorities as required. Estate taxes were abolished in Egypt in 1996, so there is no tax on the inherited assets themselves, although taxes may arise on subsequent disposals (such as selling inherited real property).

When Do You Need a Lawyer and When Can You Act Alone?

A straightforward Certificate of Heirship for a small, cooperative family can be obtained without a lawyer. However, matters become significantly more complex in the following situations:

• Real property or companies form part of the estate.
• A dispute exists among heirs over partition or the validity of a will.
• Minor heirs are involved (requiring the intervention of the Guardianship Authority).
• There was a second marriage or children from multiple wives.
• Heirs are resident outside Egypt or the estate includes foreign assets.
• Claims for an obligatory bequest on behalf of grandchildren are involved.

In these situations, disputes before the Family Court and the Court of Appeal can be prolonged and multifaceted. A lawyer specialising in inheritance matters can save you years of litigation.

Frequently Asked Questions

Does a non-Muslim wife inherit from her Muslim husband? No. Article 6 of Law No. 77 of 1943 prohibits inheritance between persons of different religions.

Does an adopted son inherit? Adoption is not recognised under Egyptian personal status law, so there is no inheritance by adoption. A bequest in favour of an adopted child is permissible up to one-third of the estate.

What is the rule on a bequest to an heir? It is void unless ratified by the remaining heirs after the testator's death (Article 37 of the Law of Wills).

Is a pension distributed like the estate? No. A survivor's pension is governed by a separate distribution scheme under the Social Insurance Law and differs from the division of the estate.

Does an unborn child (conceived but not yet born) inherit? Yes. A share equal to the larger of the two possible portions (male or female) is reserved for the child until birth.

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