By: Counselor Mohamed Tawfik El Omda

Mandatory Will in Egyptian Law and the Eligibility and Calculation Rules for Grandchildren | Attorney Mohamed Al Omda

The mandatory will is one of the most important legal issues related to inheritance and estate matters in Egypt. It is also an issue that raises considerable debate and questions within families, particularly when a son or daughter passes away before their father or mother, leaving their children wondering whether they are entitled to a share of their grandfather’s or grandmother’s estate.

Some people believe that a grandchild whose father or mother died before the grandfather or grandmother has no rights to the estate because the grandchild may not be considered an heir in certain circumstances. However, this belief is not entirely accurate. The mandatory will is regulated independently by Egyptian legislation, which establishes specific categories of beneficiaries, conditions, rules, and limits governing entitlement.

Attorney Mohamed Al Omda explains that understanding the mandatory will requires, first and foremost, distinguishing between inheritance and the mandatory will. A grandchild’s entitlement to a mandatory will does not necessarily mean that the grandchild becomes an heir. Likewise, not being entitled to inheritance does not necessarily mean that the grandchild loses the right to a mandatory will.

The Egyptian legislator regulated this matter through Law No. 71 of 1946 on Wills, which established specific provisions governing mandatory wills, including the determination of beneficiaries and the amount to which they may be entitled.

What Is a Mandatory Will?

A mandatory will is a legal right established for a specific category of descendants, under which the beneficiary is entitled to a certain amount from the estate according to the conditions and rules established by the Wills Law.

A mandatory will differs from a voluntary will. A voluntary will is created by a person through their own decision during their lifetime, whereas a mandatory will is established by law for specific categories when the statutory conditions are met.

A mandatory will also differs from inheritance because inheritance is based on specific legal causes and conditions established under inheritance laws, while the mandatory will is governed by the provisions regulating mandatory wills under the Wills Law.

Attorney Mohamed Al Omda emphasizes that this distinction is extremely important because many family disputes arise from confusion between the right to inheritance and the right to a mandatory will.

Why Was the Mandatory Will Established?

The concept of a will is closely connected with protecting rights, strengthening family relationships, and regulating the transfer of property after a person’s death.

There may be situations in which a son or daughter dies before their parent, leaving children who require financial protection. The mandatory will system provides these beneficiaries with a legal right within the limits established by law.

The importance of this system becomes even more apparent when the grandchildren are minors or when their deceased parent had been primarily responsible for supporting them before their death.

Accordingly, the mandatory will provides a form of legal and social protection without changing the general rules of inheritance or treating all grandchildren as heirs in every circumstance.

The Religious Basis of Wills and Mandatory Wills

The Holy Quran states:

“It is prescribed for you, when death approaches any of you if he leaves wealth, that he make a bequest for parents and near relatives according to what is reasonable. This is a duty upon the righteous.”

The Prophet Muhammad, peace and blessings be upon him, also said:

“It is not right for a Muslim who has something to bequeath to spend two nights without having his will written with him.”

These texts demonstrate the importance of wills in protecting rights and regulating the disposition of property after death, while observing the rules governing inheritance and wills.

The Egyptian legislator adopted the system of mandatory wills and established a specific legal framework for it under Law No. 71 of 1946 on Wills.

Mandatory Wills Under Egyptian Law

The Egyptian legislator enacted Law No. 71 of 1946 on Wills to regulate matters concerning wills, including mandatory wills.

The law identifies the descendants who may be entitled to a mandatory will and establishes the amount and restrictions applicable to such entitlement.

Accordingly, a grandchild’s entitlement cannot be determined solely on the basis of family relationship. Instead, the relevant legal provisions must be examined to determine whether the grandchild falls within the categories entitled to a mandatory will.

It is also necessary to identify all heirs who were alive at the time of the deceased’s death, as the presence of certain heirs may affect the grandchild’s legal position and the amount of the right to which the grandchild may be entitled.

Who Is Entitled to a Mandatory Will?

One of the most important points to understand is that the law does not grant a mandatory will automatically to every grandchild.

Rather, it identifies the descendants who may be entitled to it. Therefore, the exact relationship between the grandchild and the deceased must be established.

The matter may differ depending on whether the grandchild is the child of a son or the child of a daughter, as well as on the identity of the surviving heirs and the degree of kinship. Therefore, there is no single answer that applies to every case.

Attorney Mohamed Al Omda emphasizes that examining the family tree and identifying the heirs who were alive at the time of death are essential steps before determining whether a mandatory will is due.

Conditions for Entitlement to a Mandatory Will

There are several requirements and legal rules that must be satisfied for a mandatory will to arise, including the following:

First: The Original Ascendant Must Have Died Before the Deceased

In the cases regulated by law, the person through whom the grandchild is related to the deceased must have died before the deceased.

Therefore, if the son or daughter died before the grandfather or grandmother, the issue of a mandatory will may arise for their descendants, provided that the remaining legal conditions are satisfied.

Second: The Beneficiary Must Belong to the Descendants Specified by Law

Being a grandchild alone is not sufficient. The beneficiary must fall within the descendants whom the law recognizes as eligible for a mandatory will.

This is particularly important because the degree and nature of kinship are essential factors in determining entitlement.

Third: The Grandchild’s Inheritance Status Must Be Determined

A mandatory will is not a general substitute for inheritance; it has its own specific requirements.

Therefore, the grandchild’s legal position at the time of the deceased’s death must be established, including whether the grandchild was an heir or not and how the presence of other heirs affects the grandchild’s entitlement.

Fourth: The Beneficiary Must Not Have Already Received an Equivalent Amount Through Another Means

If the deceased had made a will in favor of the beneficiary for a specific amount, the applicable legal provisions concerning previous wills must be taken into account when calculating the mandatory will.

Accordingly, what the beneficiary has already received may affect the amount ultimately due as a mandatory will.

Fifth: The Mandatory Will Must Not Exceed One-Third of the Estate

One of the principal limitations established by law is that the mandatory will may not exceed one-third of the estate.

The amount is determined according to the statutory rules, while taking into account the circumstances of each case and the number of beneficiaries.

Is a Mandatory Will Considered Inheritance?

The answer is no.

A mandatory will has a legal nature that differs from inheritance.

Inheritance is what an heir receives upon the death of the deceased when an applicable legal basis for inheritance exists and no impediment prevents it. A mandatory will, on the other hand, is a legal right granted to specific descendants when the statutory conditions are satisfied.

Therefore, in some circumstances, a person may not be entitled to a share of the estate by inheritance but may nevertheless be entitled to a mandatory will.

Attorney Mohamed Al Omda emphasizes that distinguishing between these two rights helps clarify many disputes involving grandparents’ estates.

How Much Is the Mandatory Will?

One of the most common questions asked by people researching mandatory wills is:

How much does a grandchild receive from their grandfather’s or grandmother’s estate?

There is no fixed percentage that applies to every case.

The law establishes the method for calculating the mandatory will. Generally, the calculation is based on the amount that the beneficiary’s deceased parent would have received if that parent had been alive at the time of the deceased’s death, subject to the statutory limitation that the mandatory will may not exceed one-third of the estate.

Therefore, determining the final amount requires knowledge of:

• The value of the estate.

• The number of heirs.

• The relationship of each heir to the deceased.

• The number of mandatory-will beneficiaries.

• The share that the deceased parent would have received if alive.

• Whether other wills exist.

• Any rights or obligations affecting the net estate.

A Simplified Example of a Mandatory Will

Suppose a person dies leaving an estate, and one of their sons had died before them, leaving children.

In this situation, it cannot immediately be concluded that the deceased son’s children will inherit exactly what their father would have inherited, because inheritance and a mandatory will are not the same thing.

However, if the conditions for a mandatory will are satisfied, the deceased parent is first hypothetically treated as being alive at the time of the deceased’s death. The amount that would have passed to that parent is then determined according to the applicable legal rules, subject to the statutory limits, particularly the one-third limitation.

Accordingly, the final calculation cannot be determined without knowing all the heirs and the value of the estate.

Are All Grandchildren Entitled to a Mandatory Will?

Not every grandchild automatically qualifies for a mandatory will.

There are requirements relating to the degree of kinship, the death of the original ascendant, the surviving heirs, whether the grandchild is entitled to inherit, and other conditions established by law.

Therefore, people should not rely on information commonly exchanged within families or on the belief that “all grandchildren are entitled to one-third of the estate,” because this is inaccurate.

One-third represents the maximum limit in cases covered by the law; it does not mean that every grandchild automatically receives one-third of the estate.

Does the Mandatory Will Apply to Children of Sons and Children of Daughters?

This is an issue that must be approached carefully because the Wills Law identifies the descendants entitled to mandatory wills and establishes the applicable conditions.

Therefore, it is not appropriate to apply one general rule to all grandchildren. It is necessary to determine whether the grandchild falls within the descendants covered by the legal provision and then examine the remaining conditions.

For this reason, Attorney Mohamed Al Omda advises anyone involved in an estate or inheritance dispute not to take any legal action before reviewing the inheritance declaration, family tree, and official documents.

Can the Deceased Prevent a Mandatory Will?

A mandatory will is not merely a voluntary will that the deceased may choose to grant or withhold at will. Rather, it is a legal right regulated by law when the statutory conditions are satisfied.

At the same time, a person may dispose of their property during their lifetime within the limits permitted by law. However, transactions made during a person’s lifetime differ legally from wills that take effect after death, and each is governed by its own legal rules.

Therefore, examining transactions made by the deceased before death may be important in certain inheritance and estate disputes.

What Is the Difference Between a Mandatory Will and a Voluntary Will?

There is a fundamental difference between the two.

Mandatory Will

A mandatory will is established by law for specific categories when certain conditions are satisfied, and the entitlement arises by operation of law.

Voluntary Will

A voluntary will is created by a person through their own decision, in which they determine whom they wish to benefit, subject to the applicable legal and religious rules governing wills.

Accordingly, the two types should not be confused when calculating an estate or determining the rights of beneficiaries.

What Is the Difference Between a Mandatory Will and Inheritance?

Inheritance and mandatory wills differ in both their legal basis and the manner in which entitlement arises.

Inheritance:
The heir receives their share under the rules of inheritance, and the amount is determined according to the degree of kinship and the other surviving heirs.

Mandatory Will:
The beneficiary receives the right when the conditions established by the Wills Law are satisfied, including in circumstances where the beneficiary is not entitled to inherit.

This demonstrates the importance of determining the legal status of each person before distributing the estate.

When Can a Mandatory Will Be Lost?

There is no single reason that automatically eliminates a mandatory will in every case. The matter depends on whether the conditions for entitlement exist and whether the statutory limitations have been satisfied.

The mandatory will may be affected by the existence of a previous will in favor of the beneficiary, by the beneficiary having already received another right within the limits established by law, or by the failure to satisfy the basic requirements for entitlement.

Therefore, any dispute concerning the loss or reduction of a mandatory will should be examined in light of the specific facts and supporting documents.

Can a Beneficiary Waive a Mandatory Will?

Waiving rights relating to an estate or a will is a matter that requires careful legal review because the effect of a waiver may vary depending on its timing, nature, and the right being waived.

For this reason, it is not advisable to sign any declaration or waiver concerning an estate before having it reviewed by a specialized attorney, particularly when minors are among the beneficiaries.

Procedures for Claiming a Mandatory Will

When a dispute exists or a beneficiary has not received their legal entitlement, the legal process generally begins by reviewing the relevant documents and identifying the heirs and beneficiaries.

Depending on the circumstances, important documents may include:

• Death certificates of the deceased and the original ascendants.

• Inheritance declarations.

• Birth certificates proving the family relationship.

• Documents relating to the estate.

• Any notarized wills or transactions.

• Documents establishing ownership of money, property, or real estate belonging to the deceased.

After reviewing the documents, the beneficiary’s legal position can be determined and the appropriate procedure for claiming the right can be identified.

The Importance of the Inheritance Declaration in Mandatory-Will Cases

The inheritance declaration is one of the most important documents in estate matters because it identifies the heirs whose status has been legally established following the deceased’s death.

It can be used to examine the legal status of the estate and identify those entitled to inheritance, followed by an assessment of whether the rules governing mandatory wills apply to the grandchildren or other descendants.

However, an inheritance declaration alone may not be sufficient in every case. Additional documents may be required to establish the death of an ascendant, the family relationship, or the existence of previous wills or transactions.

Mandatory Wills and the Protection of Minors’ Rights

One of the most important areas in which the mandatory will may become relevant is when the grandchildren are minors.

A child may lose their father or mother before the grandfather or grandmother dies and subsequently face complicated procedures concerning the estate and financial rights.

The legal regulation of mandatory wills therefore provides protection for the categories specified by law, while the special rules governing the administration and disposal of minors’ assets must also be observed.

Common Misconceptions About Mandatory Wills

There are several common misconceptions regarding mandatory wills, including:

Misconception One: Every Grandchild Inherits from Their Grandfather

This is incorrect. Inheritance is governed by specific rules, and a grandchild may have a right to a mandatory will in cases covered by the law.

Misconception Two: Every Grandchild Receives One-Third of the Estate

This is also incorrect. One-third represents the maximum limit of the mandatory will; it is not a fixed share for every grandchild.

Misconception Three: A Mandatory Will Is the Same as Inheritance

A mandatory will differs from inheritance in its legal nature, applicable rules, and method of calculation.

Misconception Four: The Share Can Be Determined Simply by Counting the Grandchildren

Determining the amount of the mandatory will requires knowledge of the estate, the heirs, the degree of kinship, and application of the relevant legal rules.

Misconception Five: A Verbal Agreement Between Heirs Is Always Sufficient

Estate-related rights require proper documentation and legally valid procedures. Important financial rights should not be based solely on verbal agreements.

The Role of an Attorney in Mandatory-Will Cases

Mandatory-will cases require a detailed understanding of inheritance and wills, as well as the ability to review documents, calculate shares, and determine the legal position of each party.

This is why consulting an attorney experienced in inheritance, estate, and will matters can be important.

Attorney Mohamed Al Omda provides legal consultations concerning estate, inheritance, and will matters, carefully reviewing the circumstances and documents of each case to determine the applicable rights and appropriate legal procedures.

Frequently Asked Questions About Mandatory Wills

Is a grandchild entitled to a share of their grandfather’s estate if their father died before the grandfather?

A grandchild may be entitled to a mandatory will if the legal conditions are satisfied. This does not necessarily mean that the grandchild inherits from the grandfather.

How much is a mandatory will worth?

The law establishes the method for calculating it, and it may not exceed one-third of the estate, subject to the rules governing the calculation of the deceased parent’s hypothetical share and the beneficiaries’ entitlements.

Are all grandchildren entitled to a mandatory will?

No. Entitlement depends on the categories and conditions established by law.

Is a mandatory will considered inheritance?

No. A mandatory will differs from inheritance in its legal basis and the rules governing entitlement.

Can a mandatory will be claimed through the courts?

Yes. Where a dispute exists or the beneficiary is prevented from receiving their entitlement, the appropriate legal procedures may be taken depending on the circumstances of the case.

What documents are required to claim a mandatory will?

The required documents vary depending on the case but may include death certificates, inheritance declarations, birth certificates and documents proving the family relationship, as well as estate documents and any wills that may exist.

Does a mandatory will have a maximum limit?

Yes. The law limits the mandatory will to no more than one-third of the estate, subject to the other statutory rules governing its calculation.

Conclusion

Ultimately, a mandatory will is not simply a matter of dividing money among family members. It is a detailed legal system connected with inheritance, estates, and wills, and therefore each case must be examined independently.

Attorney Mohamed Al Omda emphasizes that the belief that a grandchild has no rights simply because their father or mother died before the grandfather or grandmother requires legal review. Likewise, the claim that all grandchildren inherit or receive one-third of the estate is also inaccurate.

The correct approach is to examine the family relationship, identify the heirs, review the inheritance declaration and estate documents, and then apply the provisions of Law No. 71 of 1946 on Wills to determine the applicable entitlement and the appropriate legal procedure.

In the next article, we can discuss how to calculate a mandatory will in detail, with practical examples covering different cases and explaining step by step how each beneficiary’s share is determined.

Attorney Mohamed Al Omda

For legal consultations concerning inheritance, mandatory wills, estates, and family-related legal matters.

📞 01064846300

📍 573 in front of Al Shorouk Police Station – Al Shorouk City – Cairo