When an individual dies intestate, the family experiences great difficulty in obtaining access to the estate because the court must approve any transfer of ownership or distribution of the property.
As a result, heirs often face serious financial hardships and lengthy delays. In order to relieve a person from the burden of financial hardships on his or her family, a person must execute a will during his or her lifetime.
However, the law of inheritance in the UAE correctly sets out rules for the division or distribution of property upon the death of a person who did not make a will, as follows: Muslims inherit under Sharia law, and non-Muslims may inherit under their personal laws or, if they are expatriates, the laws of their own country.
In addition to personal laws, a number of provisions in the UAE law of inheritance were articulated in the Civil Transactions Law of 1985, which apply as well.
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How the Current Law Works in Practice
In a purely theoretical example, let’s say the Deceased had AED 1,000,000. The surviving husband/wife receives 1/8 (or 0.125) of the estate, which equates to AED 125,000. The remaining AED 875,000 must then be divided amongst the children.
Because there are three sons and they are entitled to double that of a daughter, the sons together have six shares, and the daughters share two. The total here is eight shares. Dividing AED 875,000 by eight gives each share a value of AED 109,375. Each daughter will receive AED 109,375, and each son will receive AED 218,750.
This method of division also applies to other forms of inheritance, such as metric shares of land or weight in gold and silver. Dubai family lawyers can assist with the calculation and distribution of these shares accordingly. These rules applied until 31 January 2023.
Application of the Current Inheritance Law for Non-Muslims
The overarching principle is that the UAE law of inheritance applies, unless a non-Muslim decides to opt for their own home country law.
In particular, Article 1.2 of the UAE Personal Status Law 2005 provides that non-Muslim foreigners owning property in the UAE can make a will according to their national law, thus regulating the distribution of their estate in the UAE contrary to the application of Sharia-based rules.
Accordingly, the heirs at law can apply to a competent court in the UAE to request the enforcement of the will of the Deceased, if the will was executed in effect before death and outside of the UAE.
The will must be translated into Arabic and attestations made by competent authorities in the home country, the UAE Diplomatic representation of the home country, and finally the UAE Ministry of Foreign Affairs.
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Required Documents and Procedural Guidance from an Inheritance Lawyer in Dubai
Supporting documents must be produced to demonstrate the family connection, such as a marriage certificate, birth certificate, or family book. It is always highly advisable to seek assistance from a specialist Inheritance lawyer Dubai to ensure all requirements of the procedure are followed correctly.
In terms of procedure, Article 276 of the UAE Personal Status Law 2005 states that when the legal heirs wish to invoke the Deceased’s national law, they must submit various paperwork to the court: the death certificate.
The will of the non-Muslim Deceased, the last known address of the Deceased, the names and last known address of the heirs, the legatees and their addresses, and a comprehensive list of assets. An expert Inheritance lawyer Dubai can support the heirs step by step, in compliance with the UAE laws of inheritance.
Inheritance Without a Will under Muslim Law: UAE Law of Inheritance
The Federal Decree Law No. 41 of 2024 establishes the basis for the succession of a person’s assets upon their death.
Each individual who is a legal heir to the deceased’s assets will be identified in Articles 200-250, their respective shares will be laid out, and there will be a description of the behavior that may preclude certain individuals from being heirs. Under Muslim law, a will can designate only one-third of the estate.
If the heirs do not agree to go beyond that one-third, two-thirds of the estate must now be distributed in accordance with Muslim law, and the estate will be inherited according to the law.
Suppose an individual or family lives in the UAE and is considering how to resolve inheritance matters. In that case, the inheritance law advisory in the UAE consulting services will be able to assist individuals and families on those matters and ensure that there are no disputes.
Conclusion
The UAE inheritance law provides clear rules for distributing an estate, whether a person dies with or without a will. For Muslims, inheritance follows Sharia law, while non-Muslims have the right to determine which jurisdiction will govern their inheritance (the law of their home country).
A will should be executed while the individual is still alive to ensure that there is no delay for the family or financial difficulties after he or she has passed away.
Proper will writing and expert advice of an Inheritance lawyer Dubai, (or inheritance law advisory in the UAE) will provide the proper documentation to distribute an estate correctly and avoid disputes.
Having said that, contact Khairallah Advocates & Legal Consultants and benefit from our free 30-min legal consultation.
*Disclaimer: our blogs, law updates, and FAQ’s are freely distributed for educational purposes and to showcase recent updates and regulations in the UAE’s framework.
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