Applicable Law
- Egyptians: Inheritance for Egyptian nationals is governed by Islamic Sharia principles (for Muslims) and by the personal status laws of their own communities (e.g., Christians, Jews).
- Foreigners: The applicable law depends on nationality, religion, and whether there is a treaty or reciprocity clause:
- Egyptian law generally provides that foreigners’ inheritance is governed by the law of their nationality, provided that this does not conflict with Egyptian public policy.
- If the deceased is a foreigner domiciled in Egypt, Egyptian courts may apply the law of domicile.
- If a will is made, its validity and execution depend on both Egyptian law and the law of nationality of the testator.
Inheritance of Property in Egypt by Foreigners
- Movable Property (money, shares, personal items): Usually governed by the deceased’s national law.
- Immovable Property (land, real estate): Governed by Egyptian law, regardless of nationality.
- Restrictions: Foreigners are allowed to inherit real estate in Egypt, but under the Foreign Ownership of Real Estate Law (Law No. 230 of 1996), there are restrictions:
- Foreign individuals may own up to two real estate properties in Egypt, not exceeding 4,000 square meters total.
- Ownership must be for personal residential use, not for commercial speculation.
- Sale of inherited property may be restricted for 5 years from registration.
- Inheritance transfers are allowed, but subject to these limitations.
Wills
- Foreigners can make wills in Egypt, but they must comply with:
- Egyptian formal requirements (notarization, registration).
- Their national law regarding testamentary capacity and validity.
- If no will exists, intestate succession rules apply:
- For movable assets → home country’s succession law.
- For immovable assets in Egypt → Egyptian succession rules.
Religious & Sharia Aspects
- If the deceased is a Muslim foreigner, Egyptian Sharia-based inheritance rules are generally applied to real estate in Egypt.
- If the deceased is a non-Muslim, inheritance follows the law of nationality, unless it contradicts Egyptian public order
Practical Considerations
- Court Competence: The Egyptian family courts (personal status courts) handle succession matters, often requiring confirmation of foreign probate documents.
- Documents Needed: Death certificate, will (if any), nationality proof, family lineage proof, property documents.
- Probate Recognition: Foreign probate decisions may need to be recognized (exequatur) by Egyptian courts before execution
Foreigners can inherit property in Egypt, but with restrictions on real estate ownership. Movable assets usually follow the deceased’s national law, while immovable assets are subject to Egyptian inheritance law. Sharia principles apply if the deceased was Muslim. Wills are valid but must respect both Egyptian and national law.