- Legal Articles
- Ask Elhais
October 13, 2021|
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 process becomes complicated when the deceased has not left a will behind. Therefore, the right process would be to have a registered will at hand to ensure that your property and assets are divided as per the provisions of the will, which in turn reflects your wishes.
What happens when there is no 'will':
When an expatriate dies without a Will then the provisions of the Federal law number 28 of 2005 promulgating the personal status law and its amendment (‘personal status law’) and the federal law number 5 of 1985 concerning the civil transaction law (‘civil transaction law’) and its amendments apply.
In the absence of a registered will, the following undesirable process may apply by default:
New amendment in Personal Laws in the UAE and what it means for you:
The Government of the United Arab Emirates has enacted ground-breaking changes to personal laws to promote multiculturalism and progressivism. The decision amends strict Islamic laws and modernizes several elements of family and personal law to keep pace with changing times. The amendments aim to strike a delicate balance between celebrating the heritage and culture of the Emirates and creating a modern society endowed with laws that reflect its diverse obligations.
What has changed:
The latest changes explicitly allow expats 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. Pursuant to the new amendments, the provisions of Article 17 have been replaced by virtue of Article 1 of Federal Decree-Law no. 30/2020 as follows:
With the new changes, the UAE is once again demonstrating its ability to attract millions of people from around the world to live and work here. The changes reflect the welcoming environment sought by the diverse expats and which are important especially for families who settle in the UAE and make it their home.
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.