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Understanding Inheritance Law in the UAE

Introduction:

Inheritance law in the United Arab Emirates (UAE) is a complex field that intertwines local customs, Sharia law, and civil statutes. Understanding the intricacies of inheritance in the UAE is crucial for residents and expatriates alike, given the country’s unique legal framework. This article delves into the details of inheritance law in the UAE, addressing key aspects such as the role of Sharia law, the legal processes involved, and specific considerations for non-Muslim expatriates.

Legal Framework

The UAE’s inheritance law is predominantly governed by Sharia (Islamic) law, which is embedded in the country’s civil code. Federal Law No. 5 of 1985 (the Civil Transactions Code) and Federal Law No. 28 of 2005 (the Personal Status Law) provide the statutory basis for inheritance matters. Sharia law, derived from the Quran and Hadith, forms the core of inheritance regulations for Muslim residents.

Key Principles of Sharia Inheritance Law
  1. Fixed Shares: Inheritance shares under Sharia law are fixed. Primary heirs such as spouses, children, and parents receive predetermined portions of the estate. For instance, a widow typically receives one-eighth of her husband’s estate if there are children, while the remaining portion is distributed among other heirs according to specific rules.
  2. Male and Female Heirs: Male heirs generally receive double the share of female heirs. For example, a son receives twice the inheritance of a daughter.
  3. Exclusion of Non-Muslim Heirs: Under traditional Sharia principles, non-Muslim relatives do not inherit from Muslim decedents. This can have significant implications for expatriate families with mixed religious backgrounds.
  4. Debts and Obligations: Before distribution, the deceased’s debts and obligations must be settled. This includes any outstanding loans, zakat (almsgiving), and funeral expenses.
Process of Inheritance Distribution
  1. Death Certificate: The first step in the inheritance process is obtaining a death certificate from the UAE authorities.
  2. Will Registration: If the deceased has left a will, it must be registered and authenticated by the relevant UAE court. The UAE recognizes wills, but they must comply with local laws and, for Muslims, align with Sharia principles.
  3. Heirship Certificate: The next step is obtaining an heirship certificate (also known as a succession certificate) from the UAE court. This document lists all legal heirs and their respective shares.
  4. Distribution: The estate is then distributed according to the heirship certificate and Sharia law. The court oversees the distribution to ensure compliance with legal requirements.
Special Considerations for Expatriates
  1. Non-Muslim Wills: Non-Muslim expatriates can opt for their home country’s laws to govern their inheritance by registering a will with the DIFC (Dubai International Financial Centre) Wills and Probate Registry or the Abu Dhabi Wills Registry. This allows non-Muslims to bypass Sharia inheritance rules.
  2. Guardianship of Minor Children: Expatriates should explicitly state their wishes regarding the guardianship of minor children in their wills. This can prevent potential conflicts and ensure that their preferences are respected.
  3. Real Estate: Expatriates owning real estate in the UAE should be aware that local inheritance laws apply. Registering a will can help in specifying how these assets should be managed and distributed.
Recent Legal Developments

The UAE has made significant strides in modernizing its legal framework to accommodate its diverse population. Notably, the Personal Status Law was amended in 2020, allowing non-Muslim expatriates greater flexibility in following their home country’s inheritance laws. This move reflects the UAE’s commitment to creating a more inclusive legal environment for its international residents.

Conclusion

Inheritance law in the UAE is a nuanced field influenced by Sharia principles, federal statutes, and recent legal reforms. Both residents and expatriates must navigate these laws carefully to ensure their assets are distributed according to their wishes. Non-Muslims, in particular, should consider registering a will to safeguard their preferences and provide clear guidance for the distribution of their estate. By understanding the legal landscape and taking proactive steps, individuals can effectively manage their inheritance matters in the UAE.