Inheritance in the UAE: Legal Aspects and Procedures

Inheritance in the UAE: the importance of a will for foreigners
Will in the UAE: steps and necessary documents

The UAE is a country with Muslim laws, where it is important to plan a will in advance for foreigners. In the absence of a proper will, property may be inherited according to different rules that do not align with the wishes of the deceased. For example, after a husband's death, male heirs will have priority in inheritance over the wife.

According to the laws of the UAE, upon the death of a Muslim, whether a citizen of the country or a foreigner, their property is passed on to family members who practice Islam. Non-Muslims can also inherit and transfer property. Judicial practice shows that Sharia laws are not always applied to non-Muslims.

In order for a non-Muslim heir to manage the property after the death of the testator, it is important to properly draft and register a will with the court and the land department in the UAE. Otherwise, after the resident's death, all their bank accounts will be frozen, including joint accounts with family members. Access to finances and real estate will be restricted until the inheritance is reviewed in court.

In order to avoid such problems, it is worth contacting a lawyer to properly draw up a will and know all the rules of inheritance. It is important to get expert advice to make sure that all the documents are drawn up in accordance with the law.

The right to make a will in the UAE

Every citizen has the right to create a will for inheritance in the UAE.

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Steps for drafting a will

Steps for making a will include:

Writing a will with the involvement of a lawyer under UAE law
Translate it into Arabic.
Legalization at the consulate of the country
Registration in the court and the land department of the emirate

Required documents for inheritance

To inherit property, various documents are required, including:

Certified will
Death certificate of the testator
Proof of kinship between the heir and the testator
Heir's passport

Legalization of a will executed in Russia

If the will was made in Russia, it is necessary to:

Legalize it by getting stamps from the Consular Department of the Ministry of Foreign Affairs of Russia and the UAE Embassy in Moscow.
Have it translated into Arabic and notarized

Consequences of not having a will

The absence of a will can lead to lengthy court proceedings for the deceased's family, and the estate may be transferred to the state.

Possibilities of making a will without a resident visa

A will for movable and immovable property can be drawn up without a residency visa, for example, during the registration of a company in the UAE or when investing in an off-plan project. It is also possible to arrange a will through the court, even without having a visa.

Peculiarities of legal regulation of inheritance in the UAE

In conclusion, the article examined the features of legal regulation of inheritance in the UAE and the process of drafting a will. Despite the fact that Islamic law is in effect in the country, foreign non-Muslims can still inherit and bequeath property. However, it is essential to properly draft and register the will with the court and the land department of the emirate where the property is located.

Drafting a will

It is important to note that in the absence of a will, access to finances and property rights may be restricted for an indefinite period. Therefore, it is recommended to prepare a will in advance and consult with a lawyer. A procedure for drafting a will and the necessary documents for inheritance have also been provided.

Consequences of not having a will

In the absence of a will, the deceased's family faces lengthy court proceedings, and the estate may be transferred to the state. It is important to note that a will can be drawn up regardless of whether one has a residency visa in the UAE.