Pakistan generally follows Sharia based succession rules for Muslims, supplemented by statutory provisions. The main framework is the Muslim Personal Law (Sharia) Application Act, 1962. Non Muslims may be governed by civil personal law or other applicable statutes.
Key principles
- Fixed shares for eligible heirs under Sharia
- Sons typically receive twice the share of daughters
- Bequests up to one third of the estate
Distribution of shares
In the presence of a spouse and children, the wife usually gets 1/8 of the estate if there are children and 1/4 if there are no children. The husband gets 1/4 if there are children and 1/2 if there are no children. Parents may be entitled to 1/6 each if the deceased had children; other relatives and circumstances can alter this distribution.
Wills and estates
A valid will can allocate up to one third of the estate to non heirs. The remaining two thirds are distributed according to the fixed shares among eligible heirs.
Process to settle an estate
- Collect death certificate, asset details, and list of heirs
- Apply for probate or a succession order with the relevant court
- Distribute assets to eligible heirs as per the legal framework
Important considerations
- Local practice and personal status law can affect interpretation
- Contested wills or disputes among heirs may require mediation or court intervention