Inheritance & wills in Egypt
Law No. 77/1943 (inheritance) + Law No. 71/1946 (wasiyyah) codify classical Sunni (Hanafi-default) faraid for Muslims. Egypt is one of the few jurisdictions that applies the statutory Wajib Wasiyyah (Law 71/1946 art. 76) — orphaned grandchildren of a predeceased child inherit through a mandatory bequest up to 1/3.
Informational — not legal advice
Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Egyptand a scholar familiar with your madhhab.
How inheritance works
Law No. 77/1943 (inheritance) + Law No. 71/1946 (wasiyyah) codify classical Sunni (Hanafi-default) faraid for Muslims. Egypt is one of the few jurisdictions that applies the statutory Wajib Wasiyyah (Law 71/1946 art. 76) — orphaned grandchildren of a predeceased child inherit through a mandatory bequest up to 1/3.
What makes a will valid
Written wasiyyah ≤ 1/3 of the net estate, signed before two adult Muslim witnesses; notarisation at the Tawthīq (Notary Public) office is recommended.
Registration & where to lodge
Notarisation Office (مكتب التوثيق) under the Ministry of Justice. Inheritance certificate (إعلام الوراثة) is issued by the Family Court (محكمة الأسرة).
Witness rules
2 adult Muslim witnesses for the will; civil registration of marriage required for spouse inheritance.
Zakat in Egypt
- Collecting authority
- Dar al-Iftāʿ al-Miṣriyyah + Bayt al-Zakāt wa al-Ṣadaqāt (Nasser Bank)
- Tax relief
- Donations to registered charities deductible up to 10 % of net taxable income under Law 91/2005 art. 23
- Maximum relief
- 10 % of net taxable income
- Notes
- Zakat is voluntary at the federal level. Bayt al-Zakāt (operated through Nasser Social Bank) is the largest official distributor; mosque committees act locally.
Forced heirship & statutory overrides
Statutory Wajib Wasiyyah for orphaned grandchildren — overrides ordinary fiqh exclusion.
Probate / execution after death
Family Court issues the إعلام الوراثة (declaration of heirs); banks and Real Estate Publicity follow that document.
Scholar notes
Dar al-Iftāʾ issues binding fatwa references; courts follow the Hanafi codification unless the deceased was demonstrably of another madhhab.
Common pitfalls
- Orphaned grandchildren are mandatory beneficiaries — do not skip the Wajib Wasiyyah.
- Joint property requires separate documentation.
Official authorities & registries
FAQ — Islamic will & inheritance in Egypt
Is Islamic inheritance (faraid) legally recognised in Egypt?
Law No. 77/1943 (inheritance) + Law No. 71/1946 (wasiyyah) codify classical Sunni (Hanafi-default) faraid for Muslims. Egypt is one of the few jurisdictions that applies the statutory Wajib Wasiyyah (Law 71/1946 art. 76) — orphaned grandchildren of a predeceased child inherit through a mandatory bequest up to 1/3.
What makes an Islamic will (Wasiyyah) legally valid in Egypt?
Written wasiyyah ≤ 1/3 of the net estate, signed before two adult Muslim witnesses; notarisation at the Tawthīq (Notary Public) office is recommended.
Where do I register my will in Egypt?
Notarisation Office (مكتب التوثيق) under the Ministry of Justice. Inheritance certificate (إعلام الوراثة) is issued by the Family Court (محكمة الأسرة).
Does Egypt have forced-heirship rules that override an Islamic will?
Statutory Wajib Wasiyyah for orphaned grandchildren — overrides ordinary fiqh exclusion.
How does probate work in Egypt?
Family Court issues the إعلام الوراثة (declaration of heirs); banks and Real Estate Publicity follow that document.
How many witnesses do I need for a will in Egypt?
2 adult Muslim witnesses for the will; civil registration of marriage required for spouse inheritance.
What are the most common Islamic-will pitfalls in Egypt?
Orphaned grandchildren are mandatory beneficiaries — do not skip the Wajib Wasiyyah. Joint property requires separate documentation.
Ready to draft?
Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.