'Inheritance law in the UAE: procedures and its implementation.'

One of the most-read contrubutors from the United Arab Emirates, November 2023.

To type this article, all you need to do is register or log in to Mondaq.com.

When a person dies without a will

It becomes very difficult for those left behind to borrow his or her assets as they cannot be transferred or distributed without court orders. This leads to huge financial problems and unacceptable delays. It is therefore recommended that a person notarize his assets while he is still alive so that his family is relieved of the grief they would otherwise experience.

The UAE laws, however, provide for the division of property in the event of a person's death without a will.''Inheritance security laws for Muslims and non-Muslims are separate, as Muslims are subject to Sharia law, while non-Muslims have their own personal law or may choose to apply the law of their home country if they are foreigners. In addition to applying the relevant laws, certain provisions of the Civil Transactions Law 1985 are also applicable.

Inheritance

In accordance with Article 313 of the UAE Personal Consolidated Law of 2005, inheritance is defined as the transfer of property and rights upon the death of its owner. It is basically the transfer of the assets of a deceased person to the legal heirs.

Inheritance for non-Muslims

Articles 11 and 12 of Federal Decree-Law No. 41 of 2022,'''relating to civil personal status, set out inheritance arrangements for non-Muslims. According to Article 11(2):

• If a non-Muslim dies without a will, his estate will be divided according to the following rules:
• Half of the inheritance will go to the spouse and the other half will be divided evenly among the children.

In the absence of children:

• Half of the inheritance will go to the spouse and the other half will be divided evenly between the parents of the deceased.

If there is only one parent:

• Half of the inheritance will go to the spouse and the other half will be split in two:
  • One part will go to the living parent.
  ''
  • The other portion will be divided evenly among the brothers of the deceased.

In the absence of parents:

• All inheritance will be divided evenly among the brothers of the deceased.

A person may bequeath all property situated in the UAE to a person named by him in his will under Article 11(1). In addition, under Article 11(3) of the Civil Personal Status and Article 17(1) of the Civil Law of Transactions, a foreigner's heir may request the application of the law of their home country regarding the inheritance of assets if such application is not inconsistent with the registered will. The Civil Law on Transactions also states that if a foreigner has no heirs, his or her assets in the country will be''to be in state ownership. The order of inheritance will be determined by a Cabinet decision in accordance with Article 12 of this law.

Inheritance for Muslims

The Shariah provisions on inheritance are extensive and detailed, comprising more than 40 articles. However, before summarizing the rules, there are a few things to consider when determining the estate of a deceased Muslim:

• The inheritance will be determined after the funeral expenses of the deceased and his outstanding debts, if any, have been paid.
• If the deceased made a will, the inheritance will first be determined in accordance with the will, and if there is a residuary estate, it will be distributed in accordance with'Shariah.
• A testator cannot leave more than one-third of his estate in a will, and there are certain restrictions on to whom he can leave an inheritance.
• If there is no will, inheritance will only be determined in accordance with Shariah.
• Heirs must be confirmed by two male witnesses and documentary evidence.
• A Muslim cannot be the heir of a non-Muslim.
• If a person kills another person in order to benefit from his property, such a person will not be entitled to a share of the inheritance.

Compulsory inheritance: Certain heirs have a fixed share in the assets under section 321 of the law, which means that they never''are excluded, if they exist at all.

• Half of the inheritance shall go to:
  • To the husband, if the wife has no heir;
  • to a daughter if she is the only child of the deceased;
  • to a son's daughter or his descendants if there are no descendants of the highest order of the deceased in the children/grandchildren;
  • to a sister's companion if she has no brother or sister, and no descendants, of the deceased's father or stepfather;
  • closest sibling if she has no brother or sister and no descendants, father or''stepfather of the deceased.
• A quarter of the inheritance will go to:
  • to husband if wife has an heir;
  • to the wife or wives, even if there is more than one, if the husband has no heir;
• The eighth part of the inheritance goes to:
  • To the wife or wives, even if there is more than one, if the husband has an heir.
• Two-thirds of the inheritance will go to:
  • two or more daughters, if there is no son of the deceased;
  • two or more daughters of a son or his descendants if there is no son, grandson of the same order or grandson of a higher order of the deceased;
  • two or more sisters by the father, if there is no brother or sister by the father, descendants, father or stepfather of the deceased;
  • two or more sisters by the mother, if there is no brother or''s maternal sister, brother or sister blood, descendants, father or stepfather of the deceased.
• One-third of the inheritance will go to:
  • to the mother, if there is no descendant, brother or sister of the deceased;
  • two or more children of the mother with equal division if there is no descendant, father or stepfather of the deceased;
  • to the father's imprint if it agrees with more than two siblings and if there are no forced heirs of the deceased;
• A sixth part of the inheritance will go to:
  • to the father, according to article 327(2) of the law;
  • a mother, together with a descendant or two or more brothers and sisters;
  • one or more grandmothers, if she is not disinherited;
  • one or more daughters of a son or his descendants, with one'. 'by a daughter by fraternal blood, or one daughter of a son in a higher order, if there is no son or grandson of the same or higher order of the deceased;
  • to one or more sisters by maternal blood, with a sibling if there is no descendant, father, stepfather, brother or sister by the mother of the deceased;
  • one or more half-brother or sister, if there is no father or stepfather of the deceased, and under section 347 of the law.
• Three-thirds of the remainder of the inheritance will go to:
  • the mother, together with the spouse and the father, if there is no descendant or two or more brothers or sisters of the deceased;
  • to the father, if he is consistent with a compulsory heir and more than two brothers or more than two siblings, provided that a third share for him''better than part six.

If the assets are not exhausted after the forced heirs receive their share, they will be divided among the remaining heirs according to the residue. If there are no residuary heirs, the remaining assets will be divided evenly among the forced heirs. If there are no forced or residuary heirs, the assets will be distributed to distant relatives. If the decedent has no heirs at all, the assets will go to the government.

To summarize: Shariah inheritance law may seem very complicated, but it allows all legal heirs to be included in the claim of the deceased's assets. A non-Muslim can make a will so that the process of administration''property was easier for the courts. The content of this article is intended as a general guide to this issue. Specialist advice should be sought for your particular circumstances.

Most popular articles on the topic:

FAMILY AND MARRIAGE LAW OF THE UNITED ARAB EMIRATES

: Wills and inheritance under Cypriot law

A. Karitzis & Associates L.L.C

A will is a written statement of a person's intention regarding the disposition of real property and movable property upon his or her death.

Private Client and Trustee Newsletter: Fall 2023

Conyers

Welcome to the holiday edition of the Conyers Private Client and Trustee Newsletter, in which we cover all''Recent developments of interest to our jurisdictions of Bermuda, the British Virgin Islands and the Cayman Islands.

Legal issues related to parenthood

Conyers

Summer vacation is approaching, and dividing the time children spend with separate parents can be a challenge. Open lines of communication and planning between parents is an integral part of this process.