The latest changes explicitly allow ex-pats to use the law of their home country for inheritance matters, but in the event that a registered will exists, the terms recorded in the will be followed.
The UAE Personal Status Law defines ‘inheritance’ as ‘the imperative devolution of the property and financial rights upon the death of their owner to those deserving’ (Article 313). Inheritance conventionally means handing over one’s assets to his/her descendants, family, or other legally entitled beneficiaries.
The Decree 23 intends to secure members of a family in case of sale of private properties that are dependent upon the orders for inheritance (explicitly senior residents, minors, single females, divorced people, widows and people with uncommon needs), to guarantee that the sale of the property isn't hindering to their privileges and interest.
These changes now enable expatriates living in the UAE, and foreigners with real estate investments in the UAE, to specify in their Will, the law which they wish to apply to the distribution of their UAE assets, making them feel more at ease and at home.
UAE Inheritance Framework Under Sharia Law that governs both UAE National and Expatriates.
The Personal Status Law provides in Art. 1(2) the general rule that" the provisions of this law shall apply to non-UAE nationals" and the exception that "unless the foreigner elects to apply his or her personal status law".
In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and accepted by or on behalf of the latter.
Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of his death, Article 17(5) of the same law provided that UAE law shall apply to wills made by...
If insurance policy defined the beneficiary's name, then beneficiary will be the receiver of the insurance value as beneficiary according to the civil law regardless of principles of Sharia law.
The shares and percentages of wealth distribution between the heirs is based on clear formulas. There are so many combinations of families that each cannot be stated.
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