If you need help with succession certificates or have queries about will execution, privileged wills or revocation thereof and Muslim law /Non Muslim Law of Succession in Pakistan please feel free to get in touch with us!
Non-Muslim Pakistani Wills
The making of a will in Pakistan is governed by the Succession Act 1925 and is based on the law in England. This does not, however, apply to Muslims and the law applicable to them is stated infra under subhead Muslims. No person can make a valid will when he is in such a state that it may be presumed that he was incapable of knowing what he was doing. Minority or insanity, from making wills, does not bar except aliens as above. Domicile is the deciding factor under this law for the validity of a will.
Muslim Law of Succession and Shariah Compliant Wills
The majority of the population being Muslim does not come within the purview of the above act. Their personal law governs such persons. Muslims are divided into two main communities, Sunnis and Shias, and the large majority of the Muslims in Pakistan are Sunnis of the Hanafi School. Every Muslim can dispose of his property by will if he is a major and not insane. The will can be either in writing or verbal. Not more than one-third of the estate can be disposed of by will in any case and no bequests may be made to persons who are heirs under the laws of intestate succession except with consent of all other heirs. A Muslim will does not have to be proved and the taking out of a succession certificate is sufficient.Our team can help you review whether your Muslim will is valid and Shariah Compliant.
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Foreign Wills and their applicability in Pakistan:
The law of domicile of the testator except governs foreign wills insofar as they relate to immoveable property in Pakistan. Foreign probate of such a will is proof of its due execution as far as the courts here are concerned, provided a properly authenticated copy of the will and probate are produced, notarial certification being sufficient. In other cases the court must satisfy itself of due execution of the foreign will. Probate cannot be granted of a foreign will executed within Pakistan relating only to property outside Pakistan. Grant of foreign probate though evidence of due execution of the will is not sufficient for the grant of letters of Administration here and application must be made to the courts. Law of testators domicile in this respect is not binding.