Claim Inheritance if Beneficiaries are and not UAE Residents
June 27, 2022
United Arab Emirates, has brought a large number of changes in Law in the last few years. All the modifications are done to serve the residents better than before. The changes are brought in Family Law, Real Estate Law, Inheritance Law, Civil Law and recent UAE Labour Law 2022. All the changes and modifications are to improve the lives of residents. This article is about advanced and updated Inheritance Law in the United Arab Emirates. The recent amendments in inheritance law allow expatriates living in the United Arab Emirates, to choose the law of their home country to decide about inheritance matters. Previously, it had to be decided as per Sharia rules, but now it has to be decided based on modified rules. It’s a big change in inheritance law until now. For this purpose, this is a condition that should be registered and all the recorded terms of the will have to be followed.
Sharia Law
As we know, previously it was decided that just Islamic Sharia Law will be applicable when a person dies. Now the law of the native country of the deceased person will be applicable. It is not necessary to decide the faith of a non-Muslim as per Islamic Law in Islamic Country when he does not want to or there is no such need for this. Therefore the advancements are brought to old laws. But when these chosen laws of their countries are absent on a few points, then Sharia Law will be consulted to get help.
For Muslims: Just Sharia Law
Let us add one thing here for the Muslims, there is no inheritance law, except the Islamic Sharia Law. Non-Muslim expatriates can choose the law of their home country. There is a separate department in Abu Dhabi Family Courts known as the “Non-Muslims Family Department”, where all such details are available for Non-Muslim Expatriates living in UAE. The important points of this Law are as follows:
- Expatriates are given the option to choose/nominate the inheritance based on their choice and they can also nominate the person of their choice. He can leave all his assets up to him, the assets he has in UAE.
- If an expatriate dies in UAE, and he is not having the will then as per the Law Article 11.2, his half property or estate will be given to his wife, and the rest has to be given to his children. If he is not having any biological children then, his parents will be given half of the estates but equally. You can further consult our lawyers in Dubai for legal support and assistance.
- When a Will is created in Dubai, it should be recorded in DIFC, DUBAI COURTS or Probate Wills. How these wills are generated, kindly check on the respective websites or book a legal appointment with our lawyers and legal consultants.
- For Muslims, just Sharia Law is applicable like before. There is no alternative to this.
For Understanding:
For the purpose of understanding, we suggest that to book a legal appointment with Wills and Estate planning lawyers. UAE Lawyers are Emirati National Lawyers who are well-trained and disciplined to manage the Wills and Succession Planning. Such Lawyers can be searched online or can be found through word of mouth. We know that people (Non-Muslims) have benefitted, a lot because of the services of these Law Firms and Advocates. Recently in 2020, the UAE government also modified the Wills and Estate Rules for Non-Muslims. All the legal knowledge, legal solutions and legal services can be taken from these Lawyers, who are well trained to serve the Non-Muslims and Muslims. Let us one more time that for Muslims, the Sharia Rules are followed and can be followed in UAE. Non-Muslims are given authority to choose the laws of their native places or countries. We must believe and have faith in the amazing system of UAE Rules and Laws, where all the locals and expatriates are supported as much as it is possible.