If you're sorting out an estate in Egypt — whether you're an heir, an executor abroad, or just planning ahead — inheritance Egypt rules are mostly governed by Islamic law for Muslims, with separate rules for non-Muslims. The split is fixed by statute, not by the deceased's wishes. That surprises people.
Quick answer
In Egypt, inheritance follows the Personal Status Law and Law No. 77 of 1943 on Inheritance (as amended, notably by Law 219/2017 criminalising the withholding of a woman's share). For Muslim estates, fixed Qur'anic shares (fara'id) apply: a wife gets 1/8 with children or 1/4 without; a daughter typically gets half a son's share; parents each get 1/6 when there are children. A will can only cover up to 1/3 of the estate, and not in favour of a legal heir unless the other heirs agree. Non-Muslim Egyptians apply their own community's rules. Foreigners' estates can trigger conflict-of-laws questions.[1][2]
Who inherits, and how much
For a Muslim decedent, the heirs are set by law — you cannot disinherit a child or spouse. The Qur'anic fixed shares under Law 77/1943 work roughly like this:
- Surviving spouse (wife): 1/8 if there are children, 1/4 if none.
- Surviving spouse (husband): 1/4 if there are children, 1/2 if none.
- Daughters: one daughter gets 1/2; two or more share 2/3. If there's a son, children take as residuaries at a 2:1 ratio (son twice the daughter).
- Parents: each 1/6 when the deceased leaves descendants; mother's share rises to 1/3 in some scenarios without children or siblings.
- Full siblings, half-siblings, grandparents: inherit under specific conditions when closer heirs are absent.[1]
The 2:1 male-to-female ratio for children of the same class is the headline rule most people know. It applies to inheritance Egypt estates governed by Islamic rules — which is the default for Egyptian Muslims.
Non-Muslim Egyptians (Copts, other Christians, Jews) apply their community's personal status rules, which in several denominations split equally between sons and daughters. Mixed-faith situations get messy and often end up in court.[2]
Wills, the 1/3 rule, and what you can't do
Egyptian law lets you dispose of up to one-third of your estate by will (wasiyya). The other two-thirds go to the legal heirs under the fixed shares. Full stop.
A will in favour of a legal heir is void unless the other heirs ratify it after death. This is Article 37 of Law 71/1946 on Wills, and it's strictly applied. You cannot use a will to even out the daughters-get-half rule, for example — unless every sibling agrees after the fact, which, honestly, rarely happens cleanly.[3]
What you can do during your lifetime: outright gifts, sales to family members, nominating life-insurance beneficiaries, and certain structured transfers. Each has tax and clawback risks, and gifts made in the "death-sickness" (marad al-mawt) period are treated as wills and capped at 1/3.[3]
Watch out: Law 219/2017 made it a crime to withhold or delay a female heir's share, with penalties of up to a year's imprisonment and a fine. If a brother is sitting on your inheritance, you have both civil and criminal routes.[4]
The practical process: getting your share
The procedural side runs through two tracks — a declaration of heirs, then the actual transfer of assets.
Step 1 — Inheritance declaration (i'lam wiratha). You file at the Family Court (Mahkamat al-Usra) in the district where the deceased lived. You'll need the death certificate, national ID copies for heirs, and two witnesses who knew the family. The court issues an official document naming every heir and their share percentage. Processing: typically 2-6 weeks. Court fees are modest, usually under 500 EGP, plus lawyer fees if you use one.
Step 2 — Asset transfer. Armed with the i'lam wiratha, each asset class has its own process:
- Real estate: register the transfer at the Real Estate Publicity Department (Shahr Aqari). Registration fees are capped at 2,000 EGP under Law 186/2020 reforms, which was a meaningful change.[5]
- Bank accounts: present the i'lam wiratha to the bank; funds are released per share percentages.
- Shares and companies: notify the company registrar; for listed shares, the broker handles it via EGX.
- Vehicles: transfer at the Traffic Department (Murur).
Egypt has no estate or inheritance tax as such. There are transfer fees and registration costs, but no percentage levy on the inherited value itself — a point foreigners often get wrong when comparing to the UK or US.[6]
Foreigners, cross-border estates, and the law that applies
If the deceased was a foreigner domiciled in Egypt, or an Egyptian with assets abroad, Articles 17 and 875 of the Egyptian Civil Code kick in. The general rule: the national law of the deceased governs succession to movables (bank accounts, shares, cash), while Egyptian law governs immovables (real estate) located in Egypt.[7]
So if you're a French citizen who dies owning an apartment in Zamalek and a brokerage account in Cairo:
- The apartment passes under Egyptian succession rules.
- The brokerage account arguably passes under French succession rules — but the Egyptian bank will still demand an Egyptian i'lam wiratha or an exequatur of a foreign succession order.
Foreign wills can be recognised but need notarisation, legalisation (apostille if the country is a Hague Convention party — Egypt isn't, so full consular legalisation is required), and often an Arabic sworn translation. Expect 3-6 months to get everything recognised through the Egyptian courts.
For deeper reading on related family-law procedures, see our family law answers.
When heirs disagree
Disputes land in the Family Court first. Common fights: one heir occupies the family home and won't sell; a bank account was emptied before death; a daughter is being paid out at a discount. The 2017 criminal amendment gives real teeth here — a complaint to the Prosecutor's Office alongside a civil partition suit tends to focus minds quickly.
Partition of jointly inherited property (qisma) can be done amicably by notarised agreement, or forced through court-ordered sale with distribution of proceeds per shares. Court partition drags — budget 12-24 months.
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Citations
- [1] Law No. 77 of 1943 on Inheritance, Articles 11-45 (fixed shares and residuary rules). ⚠
- [2] Law No. 25 of 1944 on non-Muslim personal status matters; community-specific personal status statutes. ⚠
- [3] Law No. 71 of 1946 on Wills, Articles 1, 37 (1/3 cap; prohibition of bequests to heirs without ratification). ⚠
- [4] Law No. 219 of 2017 amending the Penal Code — criminalising withholding of inheritance shares. ⚠
- [5] Law No. 186 of 2020 amending real estate registration fees. ⚠
- [6] Egyptian Tax Authority — no inheritance tax regime currently in force (incometax.gov.eg). ⚠
- [7] Egyptian Civil Code, Articles 17 and 875 (conflict of laws for succession). ✓
This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer licensed in Egypt.