Egypt Inheritance Law

Egypt Inheritance Law –The Egyptian Inheritance Law No. 77 of 1943

Egypt Inheritance Law Chapter I – General Provisions on Inheritance

Article 1: The right to inheritance is justified upon the death of the decedent or upon considering the decedent as legally deceased by a court ruling.

Article 2: To qualify for inheritance, the heir must be alive at the time of the decedent’s death or at the time the decedent is deemed legally deceased.

Article 3: Should two individuals pass away and it is unknown who predeceased the other, neither shall have a right to the other’s estate, regardless of whether their deaths occurred in the same incident or not.

Article 4: From the estate, disbursements shall be made in the following order:

1. Expenses sufficient for the decedent’s preparation and costs related to the time from death until burial.
2. The debts of the deceased.
3. The bequests to the extent they are enforceable, and the remainder shall then be distributed amongst the heirs. If no heirs are found, the estate or its remaining part shall be allocated in the following sequence:
   1. To those recognized by the decedent as having rights over others.
   2. To fulfill any bequests that exceed the enforceable limit. Should none of the above beneficiaries be identified, the remaining estate reverts to the public treasury.

Article 5: Among the barriers to inheritance is the intentional murder of the decedent. This includes whether the killer acted alone, had accomplices, or was a false witness whose testimony led to a wrongful execution. Such disqualification occurs if the murder was without a valid reason or excuse, and the murderer was mentally sound and aged fifteen years or older. Exceeding the boundaries of legitimate self-defense is considered as an excuse.

Article 6: There shall be no inheritance between a Muslim and a non-Muslim. Non-Muslims shall inherit from each other. The difference in domicile does not prevent inheritance among Muslims and does not prevent among non-Muslims unless the foreign domicile’s legal system prohibits a foreigner from inheriting.

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Egypt Inheritance Law Chapter Two – On the Causes and Types of Inheritance

Article 7 The causes of inheritance are marriage, kinship, and legal imposition. Inheritance through kinship can be mandatory, residual, or both. It can also be based on blood relation, subject to the principles of exclusion and return. If an inheritor has two reasons for inheritance, he inherits through both, taking into consideration the provisions of Articles 14 and 27.

Section One: On Mandatory Inheritance

Article 8 Mandatory share is a predefined portion of the estate for the heir. The heirs who receive mandatory shares include:

• Father
• Paternal grandfather (however high up)
• Half-brother (through mother)
• Half-sister (through mother)
• Husband
• Wife
• Daughters
• Granddaughters (son’s daughters, however distant)
• Half-sisters (through father)
• Mother of half-siblings (through father)
• Mother
• Paternal grandmother (however high up)

Article 9 Considering the provision of Article 12:

• The father inherits one-sixth if the deceased has a son or a grandson (however distant). The paternal grandfather, who is directly related to the deceased without the involvement of a female intermediary, also receives one-sixth in the aforementioned manner.

Article 10 Children of the mother inherit:

• One-sixth if there’s only one
• One-third if there are two or more. Both male and female children share equally. In the second scenario, if the mandatory shares consume the entire estate, the maternal siblings, full brother, or full brothers along with a full sister or more, share one-third equally among them.

Article 11 For the husband:

• One-half if there are no children or grandchildren (however distant)
• One-quarter if there are children or grandchildren (however distant)

For the wife – even if she is divorced in a revocable manner – if her husband dies while she is in her waiting period, or if there are multiple wives:

• One-quarter if there are no children or grandchildren (however distant)
• One-eighth if there are children or grandchildren (however distant) A woman divorced irrevocably during the deceased’s terminal illness is considered as the wife if she did not consent to the divorce and the husband died during the illness while she was in her waiting period.

Article 12 Considering the provision of Article 9:

• (a) One daughter inherits half, two or more daughters inherit two-thirds.
• (b) Granddaughters inherit the aforementioned shares when there’s a daughter or granddaughter higher in degree. Otherwise, they – one or more – get one-sixth along with the daughter or the granddaughter of higher degree.

Article 13 Considering the provisions of Articles 19 and 20:

• (a) One full sister inherits half, two or more full sisters inherit two-thirds.
• (b) Half-sisters (through father) inherit as mentioned above when there’s no full sister. Otherwise, they – one or more – get one-sixth along with the full sister.

Article 14 The mother inherits:

• One-sixth if there’s a son or grandson (however distant) or if there are two or more siblings
• One-third in other cases However, if she is accompanied by a spouse and just the father, she receives one-third of what remains after the spouse’s mandatory share. The genuine paternal grandmother is either the mother of one of the parents or the genuine paternal grandfather (however elevated). For the paternal grandmother(s), the inheritance is one-sixth, divided equally among them. Their relationship proximity doesn’t influence the share.

Article 15 If the total mandatory shares of the heirs exceed the estate, they are distributed among them according to their relative shares in inheritance.

Egypt Inheritance Law Section II: Inheritance through Agnatic Succession

Article 16: Should none of the fixed heirs be present or, if they are present but the inheritance is not fully absorbed by their designated shares, then the remaining inheritance, or what’s left after assigning the fixed shares, shall devolve upon those entitled by virtue of agnatic kinship.

Agnatic kinship is categorized into three types:

1. Agnate by oneself.
2. Agnate by another.
3. Agnate alongside another.

Article 17: Agnates by oneself are prioritized in the following order:

1. Direct descendants: This includes sons and sons of a son, regardless of generation.
2. Direct ascendants: This encompasses the father, paternal grandfather, and so on, irrespective of generation.
3. Siblings: This category includes full siblings, half-siblings (from the father’s side), and their descendants, regardless of generation.
4. Paternal uncles: This encompasses the deceased’s uncles, the deceased’s father’s uncles, and the deceased’s paternal grandfather’s brothers, regardless of generation, whether they are full uncles or half-uncles (from the father’s side), and their descendants, regardless of generation.

Article 18: In the event multiple agnates by oneself are of equal kinship rank to the deceased, the inheritance shall be awarded to the one nearest in degree to the deceased. Should they be of equal degree and rank, precedence is determined by dual kinship, whereby someone with two familial ties to the deceased takes precedence over one with a singular tie. If they are of equal degree, rank, and kinship strength, the inheritance is divided equally amongst them.

Article 19: Agnates by another include:

1. Daughters alongside sons.
2. Daughter’s daughters, irrespective of generation, alongside a son’s sons, irrespective of generation, provided they are of the same or lower generational degree, unless they inherit otherwise.
3. Full sisters alongside full brothers and half-sisters (from the father’s side) alongside half-brothers (from the father’s side), with inheritance being that a male receives a share equivalent to two females.

Article 20: Agnates alongside another pertain to full sisters or half-sisters (from the father’s side) with daughters or daughter’s daughters, irrespective of generation. They are entitled to the remainder of the estate after the fixed shares. In this scenario, they are considered equivalent to full siblings or half-siblings (from the father’s side) and inherit according to the rules of priority by kinship rank, degree, and strength.

Article 21: Should a father or paternal grandfather be in conjunction with a daughter or daughter’s daughter, irrespective of generation, the former is entitled to one-sixth as a fixed share, and the remainder is inherited through agnatic succession.

Article 22: When a paternal grandfather coexists with siblings, either full siblings or half-siblings (from the father’s side), two scenarios arise:

1. He shares the inheritance with them as if he were a brother, provided they are all males, a mix of males and females, or only females inheriting through a male line of descent.
2. He acquires the residue after the fixed heirs through agnatic succession if he is with sisters who don’t inherit through male lineage or with female descendants who inherit.

However, should the aforementioned division or inheritance through agnatic succession prevent the grandfather from inheriting or reduce his share to less than one-sixth, he shall be regarded as holding a fixed one-sixth share and shall not be considered in the division alongside those siblings or half-siblings (from the father’s side) who are barred from inheritance.

Egypt Inheritance Law Section II On Inheritance by Agnatic Kinship

Article 16: Should there be no entitled beneficiaries or if they exist but do not fully exhaust the bequest, the remaining estate or what remains thereof subsequent to the fixed shares shall be apportioned to the agnatic kin by lineage.

Agnatic kinship by lineage can be categorized into three types: (1) Agnatic by Self. (2) Agnatic by Another. (3) Agnatic Alongside Another.

Article 17: In regards to agnatic kinship by self, there are four hierarchies of priority for inheritance as follows: (1) Lineage of Sonship: This includes sons, and the sons of a son, irrespective of the generational distance. (2) Lineage of Fatherhood: This encompasses the father, the true grandfather, and upwards in the paternal line. (3) Lineage of Brotherhood: This covers full siblings, paternal siblings, sons of a full brother, and sons of a paternal brother, irrespective of generational distance. (4) Lineage of Unclehood: This incorporates the deceased’s uncles, his father’s uncles, and his true grandfather’s uncles, regardless of whether they are of full or paternal lineage, as well as their sons and subsequent generations.

Article 18: In instances where agnatic kinship by self is unified in lineage, the one closer in degree to the deceased shall be the rightful inheritor. If they share the same lineage and degree, priority is determined by strength of relation. Therefore, one with two relationships to the deceased shall precede one with a single relationship. If they align in lineage, degree, and strength, the inheritance shall be distributed equally amongst them.

Article 19: Agnatic kinship by another is defined as: (1) Daughters in conjunction with sons. (2) Daughters of a son, irrespective of generational distance, together with sons of a son, irrespective of generational distance, provided they are of the same generational level or if they are of a subsequent generation when they cannot inherit otherwise. (3) Full sisters in conjunction with full brothers, and paternal sisters with paternal brothers. In these instances, the male inherits an amount equivalent to that of two females.

Article 20: The category of agnatic kinship alongside another encompasses: full sisters or paternal sisters in conjunction with daughters or daughters of a son, irrespective of generational distance. They are entitled to the residue of the estate after fixed shares have been distributed. In such circumstances, they are considered equivalent to full brothers or paternal brothers and their inheritance is guided by the principles of priority in lineage, degree, and strength.

Article 21: When a father or grandfather is present alongside a daughter or a daughter of a son, irrespective of generational distance, they are entitled to a mandatory one-sixth share, with the remainder being apportioned based on the principles of agnatic kinship.

Article 22: In scenarios where the grandfather is present with full or paternal siblings, two situations arise:

1. He shares with them as a brother, provided they are solely males, a mix of males and females, or females who inherit along with a generational female heir.
2. He receives the residue after the fixed share beneficiaries via the principles of agnatic kinship, particularly when present with sisters who do not inherit through male linkage or with a generational female heir.

However, if the distribution or inheritance through agnatic kinship diminishes the grandfather’s share below one-sixth or excludes him from inheritance, he shall be considered a mandatory beneficiary entitled to one-sixth. In such distribution, those siblings (either brothers or sisters) who would be excluded due to the grandfather’s presence are not considered.

Egypt Inheritance Law Chapter Three – Exclusion from Inheritance

Article 23: Exclusion from inheritance arises when an individual possesses the qualification to inherit but is prevented from doing so due to the presence of another heir. The excluded person thereby excludes others.

Article 24: An individual who is deprived of inheritance due to certain impediments does not exclude any of the other heirs.

Article 25: The mother invariably excludes the true grandmother from inheritance. A closer grandmother excludes a more distant grandmother. The father excludes the paternal grandmother, just as the true grandfather excludes the grandmother if she is a direct relative to him.

Article 26: The offspring of the mother exclude the following: the father, the true grandfather irrespective of his generational elevation, the son, and the son’s son regardless of generational descent.

Article 27: A son, regardless of generational descent, excludes the daughter of a son who is one generation removed from him. Furthermore, two daughters or a daughter of a son higher in generation also exclude her, unless there exists an individual who enhances her inheritance according to the provisions of Article 9.

Article 28: A full sister excludes the following: the son, the son’s son irrespective of generational descent, and the father.

Article 29: A paternal sister excludes the father, the son, and the son’s son regardless of generational descent. Additionally, she is excluded by a full brother and a full sister when she is co-inheriting with another according to the provisions of Article 20. Two full sisters exclude her in the absence of a paternal brother.

Egypt Inheritance Law Chapter Four – Residuary Inheritance

Article 30: If the inheritance is not fully absorbed by the fixed shares and there are no agnatic heirs, the residue shall be distributed among the heirs (other than the spouses) in proportion to their respective shares. If there are no agnatic heirs, residual heirs, or kinship-based heirs, the residue of the estate shall revert to one of the spouses.

Egypt Inheritance Law Chapter Five – Inheritance of Blood Relatives

Article 31: In the absence of agnatic heirs and kinship-based obligatory share heirs, the estate or its remainder shall be allotted to blood relatives. These blood relatives are categorized into four classes, each having priority in inheritance as follows:

1. First Class:
   • Daughters’ offspring, irrespective of generational descent.
   • Sons’ daughters’ offspring, regardless of generational descent.
2. Second Class:
   • Non-direct grandfathers, regardless of generational elevation.
   • Non-direct grandmothers, irrespective of generational elevation.
3. Third Class:
   • Offspring of maternal brothers and their descendants, irrespective of generational descent.
   • Offspring of full or paternal sisters and brothers, regardless of generational descent.
   • Daughters of full or paternal brothers and their descendants, irrespective of generational descent.
4. Fourth Class, consisting of six subdivisions: a. First Subdivision: Deceased’s maternal uncles, aunts, and paternal uncles and aunts, whether full or paternal. b. Second Subdivision: Offspring of those mentioned in the previous subdivision, regardless of generational descent, including daughters of the deceased’s full or paternal uncles and their descendants. c. Third Subdivision: Maternal and paternal uncles and aunts of the deceased’s parents, whether full or paternal. d. Fourth Subdivision: Offspring of those mentioned in the previous subdivision, irrespective of generational descent, including daughters of the paternal grandfather’s full or paternal uncles and their descendants. e. Fifth Subdivision: Maternal and paternal uncles and aunts of the deceased’s grandparents, whether full or paternal. f. Sixth Subdivision: Offspring of those specified in the previous subdivision, regardless of generational descent, including daughters of the great-grandfather’s full or paternal uncles and their descendants, and so on.

Article 32: First Class of Kinship-based Heirs: In inheritance, the foremost are those closest in degree to the deceased. If they are of the same degree, the offspring of an obligatory share heir is prioritized over the offspring of a kinship heir. If they are of equal degree and none among them is an offspring of an obligatory share heir, or if they all descend from such an heir, they share the inheritance equally.

Article 33: Second Class of Kinship-based Heirs: In inheritance, the foremost are those nearest in degree to the deceased. If they are of equal degree, those descending from an obligatory share heir have priority. If they are of the same degree and none among them descends from an obligatory share heir, or if they all descend from such an heir, and they share the same lineage proximity, they divide the inheritance equally. If they differ in lineage proximity, two-thirds go to the paternal relatives and one-third to the maternal relatives.

Article 34: Third Class of Kinship-based Heirs: In inheritance, those who are closest in degree to the deceased take precedence. If they are of the same degree and one is the offspring of an agnate, he takes precedence over the offspring of a kinship heir. Otherwise, those with a closer relationship to the deceased are given preference. One whose lineage traces back to both parents is favored over one tracing back only to the father, and one tracing to the father is favored over one tracing to the mother. If they are of equal degree and lineage strength, they share the inheritance equally.

Article 35: For the first subdivision of the fourth class as detailed in Article 31: If either the paternal group, consisting of the deceased’s maternal uncles and aunts, or the maternal group, comprising the deceased’s maternal uncles and aunts, stands alone, those with stronger kinship are prioritized. Those descended from both parents are favored over those descended from only the father, and those descended from the father are preferred over those from the mother. If they are of equal kinship, they share the inheritance equally. When both groups converge, two-thirds of the inheritance go to the paternal relatives and one-third to the maternal relatives, and each group’s share is divided in the aforementioned manner. The provisions of the two preceding paragraphs apply equally to the third and fifth subdivisions.

Article 36: In the second subdivision, those closer in degree are prioritized over those more distant, even if from a different lineage section. When equal in degree and sharing the same lineage section, those with a stronger kinship take precedence, whether they are offspring of an agnate or kinship heirs. If they differ, the offspring of an agnate is favored over the offspring of a kinship heir. When the lineage sections differ, two-thirds of the inheritance is allocated to paternal relatives and one-third to maternal relatives. Whatever each group receives will be divided according to the previously stated methods. The provisions of the preceding two paragraphs apply to the fourth and sixth subdivisions.

Article 37: The multiplicity of kinship directions for an heir from the kinship-based heirs is not considered unless there’s a difference in lineage sections.

Article 38: In the inheritance of kinship-based heirs, the male heir receives the equivalent of the shares of two female heirs.

Egypt Inheritance Law Chapter Six – Inheritance by Causative Agnation

Article 39: The causative agnate includes: (1) The patron of a freed slave, and anyone who has freed him or a person freed by him. (2) The agnatic kin of the manumitter or the kin of anyone he has freed or who was freed by a person he freed. (3) One who holds allegiance to an heir who is a female slave not of free origin, whether by his father, whether through lineage or otherwise, or by his grandfather without lineage considerations.

Article 40: The patron, whether male or female, inherits from a freed slave regardless of the nature or reason for the manumission. In the absence of the patron, his agnatic kin takes his place according to the order specified in Article 17, provided that the grandfather’s share shall not be less than one-sixth. In the absence of the grandfather, the inheritance is passed to the manumitter of the patron, whether male or female, then to his agnatic kin in order, and so forth. Similarly, those with allegiance to the deceased’s father inherit in the aforementioned order, followed by those with allegiance to his grandfather, and so forth.

Egypt Inheritance Law Chapter Seven – Entitlement to a Bequest without Inheritance in Acknowledged Kinship

Article 41: If a deceased person acknowledges kinship with another, the acknowledged individual is entitled to the bequest if he is of unknown lineage and his lineage from others is not established, and the acknowledgment is not withdrawn. In such a case, it is required that the acknowledged individual be alive at the time of the death of the person making the acknowledgment or at the time of the judgment considering him deceased, and there should be no existing barriers preventing inheritance.

Egypt Inheritance Law Chapter Eight – Miscellaneous Provisions

Section I: Regarding Pregnancy

Article 42: A provision shall be set aside for the unborn child from the deceased’s estate, equivalent to the portion reserved for either a male or female offspring.

Article 43: If a man dies leaving behind a pregnant wife or fiancée, her unborn child does not inherit from him unless the child is born alive within a maximum of 365 days from the date of his death or their separation. The unborn child does not inherit from anyone other than its father except in the following two situations:

1. The child is born alive within a maximum of 365 days from the date of death or separation if its mother was observing the mourning period (due to death or separation) and the inheritor died during this period.
2. The child is born alive within a maximum of 270 days from the date of the inheritor’s death if the parents were in an ongoing marriage at the time of death.

Article 44: If the amount set aside for the unborn child is less than its rightful share, the excess shall be redistributed from the beneficiaries who had received additional portions. If the amount set aside for the unborn child exceeds its rightful share, the excess shall be returned to the eligible inheritors.

Egypt Inheritance Law Section II: Regarding the Missing Person

Article 45: A portion shall be reserved for a missing person from the deceased’s estate. If the missing individual reappears alive, they shall receive their share. If they are declared deceased, their share shall revert to the inheritors present at the time of the deceased’s death. If they appear alive after being declared deceased, they shall retrieve whatever remains of their share from the inheritors.

Section III: Regarding Hermaphrodites

Article 46: For an ambiguous hermaphrodite – one whose gender, male or female, is unclear – the lesser of the two shares shall be allocated. The remainder of the estate shall be distributed among the other inheritors.

Egypt Inheritance Law Section IV: Illegitimate Offspring and Offspring from Accusations

Article 47: Subject to the provision outlined in the final paragraph of Article 43, the illegitimate child and child resulting from mutual accusations of adultery may inherit from their mother and her kin. Conversely, the mother and her kin can inherit from these children.