Inheritance Law in the UAE: Procedures and it’s ImplementationPosted by Dr. Hassan Elhais on February 2nd, 2023 When a person dies intestate, it becomes very difficult for those left behind to gain access of his estate since they cannot be dealt with or transferred without court orders. This results in immense financial problems and unreasonable delays. Therefore, it is advised that a person should execute a will in his lifetime so that his family is freed from the distress it would otherwise experience. However, laws in the UAE provide for the division of assets in case a person dies without executing a will. The inheritance laws of the country are separate for Muslims and non-Muslims, since Muslims are governed by the Sharia whereas non-Muslims have their own personal law, or can choose to apply the law of their home country if they are expats. In addition to the application of their respective personal laws, some provisions of the Civil Transactions Law of 1985 will also be applicable. Inheritance: Inheritance is defined, under Article 313 of the UAE Personal Status Law of 2005, as devolution of property and rights after the death of their owner. It is basically a transfer of assets of a deceased person to those legally entitled. INHERITANCE FOR NON-MUSLIMS Articles 11 and 12 of Federal Decree-Law No. 41 of 2022, on Civil Personal Status, govern inheritance for non-Muslims. Article 11(2): If a non-Muslim dies intestate, then his assets will be divided according to the following rules:
A person can bequeath all the assets located within the UAE to a person designated by him, as per Article 11(1). Also, under Article 11(3) of the Civil Personal Status and Article 17(1) of the Civil Transactions Law, an heir of a foreign person can request the application of the law of their home country for devolution of assets, unless the same is contradicted by a registered will. The Civil Transactions Law also states that if a foreign person has no heir, his assets in the country will be held by the government. The procedure for inheritance is to be determined by a Cabinet decision, as mentioned under Article 12 of the law. INHERITANCE FOR MUSLIMS Sharia provisions for inheritance are vast and detail-oriented, running in more than 40 articles. However, before summarizing the rules, there are certain points that need to be kept in mind while determining the assets of a deceased Muslim:
Forced inheritance: Certain heirs have a fixed share in the assets as per Article 321 of the law, meaning that they are never excluded unless they do not exist altogether. They get their shares first, even if that does not leave any remainder for the rest of the classes of heirs. Their shares are fixed as halves, one-fourth, one-eighth, two-thirds, one-third, one-sixth, and one-third of the remainder, and are distributed as per Articles 322 to 328, under definite conditions: 1. Half of the inheritance will go to:
2. One-fourth of the inheritance will go to:
3. One-eighth of the inheritance will go to:
4. Two-thirds of the inheritance will go to:
5. One-third of the inheritance will go to:
6. One-sixth of the inheritance will go to:
7. One-third of the remainder will go to:
If the assets are not exhausted after the forced heirs get their share, they will be divided among the residuary. If there are no residuary heirs, the remaining assets will be divided evenly among the forced heirs. In the absence of forced or residuary heirs, the assets will be divided among the extended family members. If the deceased does not have any beneficiaries at all, the assets will pass on to the government. Conclusion: It may seem that the inheritance law under the Sharia is very complex, but it allows the inclusion of all the legitimate beneficiaries to claim from the assets of the deceased. A non-Muslim may execute a will so that administration of the property can become easier for the courts. Article by: Dr. Hassan Elhais, a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos, and consultation on litigation of all manner. Like it? Share it!More by this author |