The legal framework
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.
The single most useful action in Pakistan is to check the beneficiary designations attached to pensions, retirement savings and life insurance. They pass outside the will, they override it, and they are almost never updated after a separation or a remarriage.
Intestacy is not a neutral default. It distributes according to a statutory formula that rarely matches what a couple would have chosen, and it makes no provision at all for step-children, unmarried partners in some jurisdictions, or a business that needs to keep trading.
Cross-border assets complicate everything. A holiday home or an account abroad usually requires a separate procedure in that country, and the two systems may disagree about which law applies. Taking advice before buying abroad is far cheaper than resolving it afterwards.
Key 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 |
In practice
- Locate the will and apply for the grant, letters of administration or local equivalent.
- Value the estate, including assets that pass outside it by nomination or survivorship.
- Advertise for creditors where the law requires it, and settle debts before distributing.
- File the tax returns that death triggers, and obtain any clearance required.
- Distribute only after the claim period has expired, and keep a signed distribution account.
Cost and coverage
Court fees are modest; professional costs are not, and in a contested estate they routinely exceed what is in dispute. Where an inheritance or estate tax exists, the exemptions matter more than the headline rate. Assets passing outside the estate — pensions, insurance, joint accounts — are usually the largest items and the least reviewed.
Recent changes
The Enforcement of Women's Property Rights Act 2020 gave women a direct complaint mechanism where relatives withhold inherited property, bypassing ordinary civil litigation.
Where to go
- Probate court or registry with jurisdiction over the estate
- Revenue authority, for the returns and clearances that death triggers
- Law society or bar association referral service
- Banks, insurers and pension administrators, for assets passing outside the estate
- Civil registry, for the death certificate and proofs of relationship
Worth knowing
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.
Frequently asked questions
Who inherits if there is no will?
The statutory order: surviving spouse or partner and children first, then other relatives in the sequence set by the legislation.
Do pensions and life insurance form part of the estate?
Usually not. They pass to the person named on the nomination form, which overrides the will.
How long does administration take?
Commonly six to eighteen months for an uncontested estate, considerably longer where there is a dispute or assets abroad.
Can a will be challenged?
Yes, on capacity, undue influence or formality, and in most of these jurisdictions by a dependant seeking provision. Time limits are short and strictly applied.
Official sources and links
- Government of Pakistan — official government portal