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Wills in Egypt


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  #1  
Old 01-04-2011, 08:27 AM
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Default Wills in Egypt

Can anyone - perhaps Zehiad - post up to date accurate information regarding wills - as information I have is conflicting...

1. Do you need a will in each country (I am refering to the UK & Egypt) or not (this is because a will normally states) "this is the last will and testament" - if you have a will in each country how can this apply to both?

2. If you need a will for each country - how do you get round the property etc. in the other country (do you, for example, in the UK will state - this excludes any assets in Egypt?)

3. If you are a British Citizen would the Egyptian assets be dealt with under UK law or Egyptian law?

Any other information would be useful

Many thanks
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Old 05-04-2011, 01:53 PM
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Originally Posted by majicou View Post
Can anyone - perhaps Zehiad - post up to date accurate information regarding wills - as information I have is conflicting...

1. Do you need a will in each country (I am refering to the UK & Egypt) or not (this is because a will normally states) "this is the last will and testament" - if you have a will in each country how can this apply to both?

2. If you need a will for each country - how do you get round the property etc. in the other country (do you, for example, in the UK will state - this excludes any assets in Egypt?)

3. If you are a British Citizen would the Egyptian assets be dealt with under UK law or Egyptian law?

Any other information would be useful

Many thanks

Dear Sir / Madam,

Thanks for the question.

Please be informed that wills in Egypt adhere to entirely different set of rules than those in the U.K. For instance, a natural heir i.e. son, daughter...etc. CANNOT be a beneficiary in Egyptian wills, as wills must be granted to a non-heir as an essential condition. Moreover the will, according to Civil Law, cannot be inclusive of more than 1 / 3 of the entire asset.

This difference is easy to fix with the usufruct system i.e. in Sharm el Sheikh, whilst with the freehold system general family law will apply to the purchaser who will be treated just like an Egyptian purchaser. Sons will inherit double the daughters, and portions will be distributed according to the very complicated distributed system of Egyptian law.

An alternative method utilized widely to avoid inheritance rules in freehold system is to issue a sale contract to the desired beneficiary (ies) in two copies, keep a copy safe with yourself and another with your lawyer, only to appear after the ancestor's death.

All the best,

Zeiad Yehia
Barrister
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Old 05-04-2011, 03:24 PM
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Welcome back to the forum Zeiad.
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regards
Stuart
stuartwemyss@fsadvice.co.uk
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Old 05-04-2011, 03:35 PM
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Welcome back to the forum Zeiad.
Thanks a lot. :-)

Zeiad
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Old 05-04-2011, 03:39 PM
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Default Legal clarity

Quote:
Originally Posted by Zeiad Yehia View Post
Dear Sir / Madam,

Thanks for the question.

Please be informed that wills in Egypt adhere to entirely different set of rules than those in the U.K. For instance, a natural heir i.e. son, daughter...etc. CANNOT be a beneficiary in Egyptian wills, as wills must be granted to a non-heir as an essential condition. Moreover the will, according to Civil Law, cannot be inclusive of more than 1 / 3 of the entire asset.
This difference is easy to fix with the usufruct system i.e. in Sharm el Sheikh, whilst with the freehold system general family law will apply to the purchaser who will be treated just like an Egyptian purchaser. Sons will inherit double the daughters, and portions will be distributed according to the very complicated distributed system of Egyptian law.

An alternative method utilized widely to avoid inheritance rules in freehold system is to issue a sale contract to the desired beneficiary (ies) in two copies, keep a copy safe with yourself and another with your lawyer, only to appear after the ancestor's death.

All the best,

Zeiad Yehia
Barrister
After a long absence Zeiad, I'm sure the forum members will be eager for clarifications. Such as with the bold type above.

Sincere Question: do you think these rules and regulations will ever be reformed under a new Goverment administration?

Only the ambiguities that come with such statements are a deterent for investors rather than an inducement to buy.

Regards.

Alan.
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Old 05-04-2011, 03:50 PM
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Quote:
Originally Posted by Alan Cockayne View Post
After a long absence Zeiad, I'm sure the forum members will be eager for clarifications. Such as with the bold type above.

Sincere Question: do you think these rules and regulations will ever be reformed under a new Goverment administration?

Only the ambiguities that come with such statements are a deterent for investors rather than an inducement to buy.

Regards.

Alan.

Hi Alan,

Thanks a lot. I hope you're in best condition.

I don't think these rules will change, because unfortunately they belong to Family Law, which is the sole branch of Egyptian Laws based on Islamic law, which I completely believe shall be separated from modern-life laws, but I know that you know how things go in Egypt. Just don't expect Islamic laws to be changed.

They should not deter anyone to be honest, because there are ways to avoid them, and not on all cases either, because they may serve the purpose in some cases i.e. someone who has a son but not a daughter, but to be honest I find it entirely unfair to discriminate between kids based on gender. Hence I do not agree in the slightest with these rules, but they are, however, the rules!

However, please utilize this information to warn against misleading information some foreign investors get about having a will in Egypt. I know you're active on many forums and can spread the word. Civil Law has defined the will in details, and it doesn't work as people desire.

All the best,

Zeiad Yehia
Barrister
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Old 05-04-2011, 04:41 PM
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Hi Zeiad.

I hope you are recovered and thank you for responding.

I'm sure you won't mind me stating and just to make readers understand, REPEAT BUSINESS means to return and remain loyal to a provider of services and advice.... for further purchases.
Unlike yourself, some lawyers who fail to instruct their clients properly, expect customers to come back to finish what should have been done properly in the first place.

In other words "to be paid twice for the same work" which is typical of Egyptian mindset in many professions and trades..

Do you have any comments on the fact that wills never seem to be offered at the same time by some legal personel when doing the preliminary purchase agreement? Don't you think there should be standard practices amongst your association of legal representatives?

Unfortunately, many investors obtain our good advice after joining these forums, which often means expensive repeat journeys.

Kind regards.

Alan.

Last edited by Alan Cockayne; 05-04-2011 at 04:44 PM.
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Old 05-04-2011, 04:46 PM
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Many thanks for your reply Zeiad.
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Old 05-04-2011, 05:01 PM
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Quote:
Originally Posted by Alan Cockayne View Post
Hi Zeiad.

I hope you are recovered and thank you for responding.

I'm sure you won't mind me stating and just to make readers understand, REPEAT BUSINESS means to return and remain loyal to a provider of services and advice.... for further purchases.
Unlike yourself, some lawyers who fail to instruct their clients properly, expect customers to come back to finish what should have been done properly in the first place.

In other words "to be paid twice for the same work" which is typical of Egyptian mindset in many professions and trades..

Do you have any comments on the fact that wills never seem to be offered at the same time by some legal personel when doing the preliminary purchase agreement? Don't you think there should be standard practices amongst your association of legal representatives?

Unfortunately, many investors obtain our good advice after joining these forums, which often means expensive repeat journeys.

Kind regards.

Alan.
Hi Alan,

This is so right on usufruct basis, whilst on freehold basis it cannot, for the aforementioned reasons, and subsequently if someone, a lawyer or another, asked someone later for additional fees to write a 'will' this would be simply unneeded money for fake work, to put it in the most polite form.

I believe that these forums might save people not only unneeded expensive visits, but can actually protect their very right in some cases, when they get the proper information which would prevent them from going through procedures meant only to get their money but offering actually nothing for them.

All the best,

Zeiad Yehia
Barrister
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  #10  
Old 05-04-2011, 05:02 PM
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Originally Posted by majicou View Post
Many thanks for your reply Zeiad.
You are truly welcome.

All the best,

Zeiad Yehia
Barrister
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