Statutes and institutions
Inheritance is governed by Islamic law as applied through the courts, with fixed shares for defined heirs and the residue to agnates. A son takes the share of two daughters. Bequests are limited to one third of the estate and cannot benefit an heir without the consent of the others. Section 4 of the Muslim Family Laws Ordinance 1961 is a Pakistani particularity: the children of a predeceased son or daughter inherit the share their parent would have taken, which classical law denied them.
Nothing is more useful in Pakistan than checking who is named as beneficiary on pensions, retirement savings and life insurance. Those names win over the will, escape the estate, and seldom change after a separation or when someone remarries.
Without a will, the law steps in and its formula is rarely what a couple would have picked. The statutory shares leave out step-children, in certain jurisdictions unmarried partners, and any business that needs to go on trading.
Where assets are located in two countries, expect two procedures. The second home or overseas account is usually settled locally, and conflicting rules on applicable law are possible; a consultation before buying abroad costs much less than a later dispute.
Main points
| Law | Islamic law of inheritance; Muslim Family Laws Ordinance 1961 |
|---|---|
| Shares | Fixed shares to defined heirs, residue to agnates |
| Son and daughter | A son takes the share of two daughters |
| Bequests | Limited to one third, not to an heir without consent |
| Section 4 | Orphaned grandchildren inherit their predeceased parent's share |
| Succession certificate | Required to collect debts and securities |
Settling an estate
- Begin by tracing the will and applying for the grant, letters of administration or the local counterpart.
- Put a value on the estate, counting assets that pass outside it by nomination or survivorship.
- Notify creditors by advertisement if required, and clear debts ahead of distributing.
- Deal with the returns required after a death, and secure any necessary tax clearance.
- Distribute once the claim period is over, and keep an account of the distribution signed by the beneficiaries.
What it costs and who pays
Going to court costs relatively little; paying professionals does not, and where the estate is contested their bills often exceed the sum at issue. Where an estate or inheritance tax is levied, look at the exemptions first. Pensions, insurance and joint accounts usually pass outside the estate, make up the largest items, and are the least reviewed.
What is new
The Enforcement of Women's Property Rights Act 2020 gave women a direct complaint mechanism where relatives withhold inherited property, bypassing ordinary civil litigation.
Useful offices
- The registry or court that handles probate locally
- The tax authority, for the returns and clearances a death requires
- The bar association or law society, which can refer you to a lawyer
- Pension administrators, insurers and banks, on assets that bypass the estate
- Civil registry: death certificate and documents proving kinship
A point to remember
Depriving female heirs of their share is a criminal offence under the Enforcement of Women's Property Rights Act 2020, which created a fast-track complaint route to the Ombudsman.
Quick answers
Who inherits if there is no will?
The legislation decides. A surviving spouse or partner and the children come first; further relatives follow in the prescribed order.
Do pensions and life insurance form part of the estate?
In most cases no; the named beneficiary collects them, and a nomination takes priority over the will.
How long does administration take?
Typically six to eighteen months when nobody contests, and a good deal longer if there is a dispute or assets overseas.
Can a will be challenged?
It can be, for lack of capacity, undue influence or a formality, and usually by a dependant claiming provision. The time limits are tight and rigidly applied.
Official references
- Government of Pakistan — official government portal