Contacts

Our Wills, Probate & Trusts practice is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

Wills for Properties within Pakistan
A Will is a testamentary legal document and a declaration that reflects your wishes in relation to disposition of your estate and properties, whether movable or immovable, after your demise. Any person of a sound mind can make a Will, which takes effect after the death of the testator. Having a Will is important to show your intention to the concerned persons who may or may not have interest in your properties. You may name a certain individual as the executor of your Will who shall after your demise carry out your instructions on your behalf.

In Pakistan, a Will by a Muslim person is scrutinized procedurally under the Succession Act of 1925 and substantively under the Shariah Law when it comes to disposition of properties. However, when the issuer of a Will is non-Muslim, the same would still be governed by the Succession Act of 1925, instead of Shariah law, the personal law of the given person will apply to substantive issues.

Wills for Properties outside Pakistan
A Will can be made for properties situated within Pakistan or abroad. The threshold is that Muslims living in or outside Pakistan must follow Shariah principles even if the property(ies) is situated abroad. For the valid execution of the Will it must conform to Pakistani law if the property is situated in Pakistan. However, if the testator is domiciled outside of Pakistan, then national laws of relevant country may apply.

Inheritance Disputes (Division of Assets)
In case the deceased does not leave a Will, the disposition of his/her estate then becomes a matter of Pakistan’s inheritance laws i.e. the Succession Act of 1925 in accordance with Shariah principles, where the deceased is a Muslim.

Dying without a Will could give rise to all sorts of inheritance disputes as to division of assets among remaining legal heirs or persons who claim interest in the properties of the deceased.

Our Services

We assist and advise our clients with respect to the following:

- Preparation and drafting of Wills (for Pakistanis whether residing inside or outside the country)
- Preparation and drafting of Wills (for Foreigners/expatriates residing inside Pakistan)
- Registration and Amendment of Wills
- Structuring and formation of Trusts
- Securing Succession Certificates or Letters of Administration from Courts
- Representing Litigants in Inheritance Disputes
- Providing advice on structuring of Wills when properties are in more then one country
- Providing advice to foreign corporations on Wills for its employees for various compliance purposes