The UAE is an enviable land of dreams for residence for a great deal of foreign citizens. Hospitality is what sets the UAE apart from other countries, and an environment of goodwill has been initiated by this country and respect for one another among various citizens. UAE is also a nation that has achieved the interest of investors and workers from a wide variety of nations. 

As a result, the UAE is home to a majority of ex-pats. They have long lived, worked, and operated businesses in the UAE. Others have made Real estate investments locally to generate steady incomes from renting out properties.

One way or another, ex-pats will have to deal with the problem of inheriting property. There are different kinds of properties that need to be taken care of well ahead of time, and it is best to deal with this problem beforehand- this blog post will cover the subject. 

Despite the impressive headway made by the UAE in bringing Western institutions of law into practice, the Sharia law predominates, all UAE legislation is based on Sharia law, which many ex-pats overlook or simply ignore, being as comfortable in the UAE as they are in their nations of origin or even better. Because of this, it is very important to understand how UAE legislation is influenced by cultural and social differences.

The law of inheritance in the UAE derives mainly from Sharia, on which Federal Laws are based. There are two major laws regulating succession: 

• Federal Law No. (5) of 1985 regarding the Civil Transactions Code 
• Federal Law No. (28) of 2005 concerning Personal Status law.

According to Article 1(2) of the Personal Law, all UAE citizens will be subject to the law, except if a foreign national not of Muslim faith has special provisions for nationals based on the community they belong to. This enables foreigners to choose their law and not have Sharia applied to them.

In addition, Article 17 of the Civil Law stipulates that the succession is regulated by the law of the testator in his last moments.

Under UAE personal law, non-Muslims are allowed to draft a will and distribute property based on their wishes. The courts are authorized to divide the inheritances of an expired national based on the Sharia principles if he or she passes away without a will, under the Civil and Personal Law.

Article 17(1) of Civil law states that succession will be governed by the law of the deceased at the time of the deceased’s death. Despite this, according to Article 17(5) of the Civil Law, UAE law will apply to the wills of expatriates who are not Muslims concerning their property situated in the UAE. Further, According to Article 1(2) of the Personal Law, non-Muslims will be subject to the law unless they elect otherwise. 

Therefore, if a foreign national who doesn’t belong to the Islamic faith passes away in the state and the real estate or other assets he owns in the nation is left behind, the law of his home country may apply and A request can be made by his heirs to the court correspondingly. But, a constraint is imposed on managing assets for UAE-based properties.

On 2020, the Ruler of Abu Dhabi officially accepted numerous Presidential Decrees changing the personal status law, revising the following laws as of right now:

• Personal status law
• Federal penal procedural law
• Federal penal code

The changes reflect a switch from Sharia law in the UAE and a transition to a secular system. Among the alterations:

• Suicide is no longer punishable
• Unmarried couples living together
• Divorce and inheritance laws are being revised

The amendments officially accepted by the president were welcomed earnestly by emigrants since they create way too pleasant and familiar conditions for them to reside, learn and be employed in the United Arab Emirates. Thus, the UAE government made a bold and positive move.

Their own nation’s laws can be used by ex-pats to take care of their personal estate and their property would no more be automatically split under the sharia. Until recently, in the absence of official legal actions, the properties of ex-pats who deceased were governed by the Sharia Law of Inheritance. As a result, properties were divided as per Sharia law, and even the guardianship of children was governed by the same laws.

If someone passes away in the UAE without a will, their property will be partitioned according to the applicable law based on their citizenship, no matter the religion they belong to.

The mere exception here pertains to the assets that someone within the United Arab Emirates owns. UAE law will govern the management and division of these properties. Having a substantial assets plan is crucial to make certain that your loved ones inherit your properties. For an ex-pat, a will is the easiest means to make certain that their estate will be distributed as intended.

Prior to the new amendments to the inheritance law, suppose someone passes away and leaves no will, then problems can arise from this. A person’s properties held in the UAE will be subject to Sharia law, and complications are likely to arise from this if a person dies. Regardless, the properties will be frozen and only be released on a court order. Bank Accounts in the person’s name, including those held in joint names, will also be frozen, as well as vehicles registered to him/her will be confiscated. This occurs quite quickly and you should be prepared for this ahead of time. The women in this country and in their homeland need access to a bank account in their own names so that they are not left without a means of earning a living.

Law enforcement practices regarding new amendments in laws are still forming and it would be sensible to factor in how those who are not Muslim can prepare wills prior to the adoption of new laws. 

Will Writing Solicitors at GH International 

There are a lot of ex-pats who might wonder, does Will Writing Solicitors need to draw up my will, which is a reasonable question. Due to the wide range of assets a person who wishes to draft a will may have, such as real estate, an operating business, financial liabilities, intangibles assets, bank accounts, and likewise., it is highly suggested to consult with Will Writing Solicitors before drafting the will in order to avoid mistakes that might prove irreparable. Our expert Will Writing Solicitors have vast expertise in drawing up wills to cover all scenarios. Whether you like to know more on how the Will Writing Solicitors at GH International can assist you, then get in touch with us today for a chat with our solicitors. 

About GH International 

GH International is a law firm with local acumen and observing international standards. We assist leading businesses in the region and internationally to grow and prosper in the UAE. Each of our lawyers is an expert in their field and brings their extensive experience to every assignment they handle to make certain legal certainty for our clients.