- Legal Articles
- Ask Elhais
January 20, 2021|
On 7th of November 2020 President His Highness Sheikh Khalifa Bin Zayed Al Nahyan, introduced changes to the law of inheritances and deceased's estates in UAE and highlights of such law is outlined in this article by Family Lawyers of Dubai.
Details one should know
Administering an estate is a complex task that requires exceptional expertise and patience, and the smart thing to do would be to approach a legal consultant for it substantial experience in dealing with inheritance cases in both the local and international Courts to ensure matters are finalised in the most efficient manner. One of the changes introduced by this amendment is that when there is not a will in place or no knowledge of what law would be applicable, in such a scenario the law of one's nation of origin would apply, this proves to be a safeguard of the interests of expatriates.
This move effort by the government makes it easier for expatriates to invest and distribute by the medium of their will, provided the will is duly notarized by the Public Notary in UAE. Other particulars that one should be meticulous with are the will shall be translated in Arabic and must provide all the details pertaining to the assets of the testator along with bank account details. The will must be registered before the Judicial Department of the relevant Emirate.
Earlier the Personal Law in UAE permitted the non-Muslim to draft a will and divide the property according to their will in accordance with Article 17(5) of the Civil Law. However, if a foreign national dies without a will, the Civil Law and the Personal Law used to allow the courts to distribute the assets of the deceased according to the principles of Shariah, which had more often than not resulted in conflict within the deceased's family.
This goes without saying that these restrictions were only limited to assets located in the UAE. If the deceased family or heirs were seeking inheritance they ought to proceed in accordance with Article 276 of the Personal Law, and shall submit the following documents:
Although the personal law did allow the request for application of home country law, the law did not expressly set aside the civil code, which lead to a level of uncertainty as to whether a non-Muslim would be considered under Shariah Law or under home country law. In case of a company it is always wise for companies to have either shareholder's agreement or wills in place to decide the transfer of their shares in the company according to their wish, which is in harmony with the existing shareholders as well.
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. It is yet another marvelous move to attract foreign direct investment into the country.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Dr. Hassan Elhais