- Legal Articles
- Ask Elhais
November 03, 2016|
Question: I had an American friend who worked for a company and died here in the UAE a year ago. Her final salary and end-of-service payment are still at the bank. She had no children. What does her mother need to do to get the account closed and withdraw the money?
Answer: Inheritance issues are determined by the respective courts in each emirate. In this case, an inheritance certificate can be applied for from the court, per Article 276 of UAE Federal Law No 28 of 2005, the Personal Status Law, and Article 1244 of UAE Federal Law No 5 of 1985, the Civil Transactions Law. The court will then determine the shares each heir is entitled to and issue the inheritance certificate. While making an application for an inheritance certificate the applicant may opt to use UAE law or opt for the law of their home country to be applied. If home country laws are to be used then the applicable law should be attested and the original attested document should be submitted along with the application. Once obtained, the inheritance certificate then forms the basis on which assets of the deceased are distributed. The legal heirs or power of attorney holders would then need to make another application to the court to communicate with the bank to close the account and release the funds.
Question: I am an Asian woman and caught my husband cheating on me. Both of us are UAE residents. He admitted the affair to me, and the woman he has been having the affair with admitted it to me on WhatsApp. I want to file for divorce and would like to know my options.
Answer: According to the Personal Status Law, if you and your husband are UAE residents the court with jurisdiction to hear the divorce case would be the family court in the emirate where you live. You may file your case based on the WhatsApp admission received from the other woman. However, it is highly probable that the judge will ask you to produce further evidence or witnesses to testify. In case you do not have any further proof or witnesses to produce, you can request the court refer the matter to arbitrators for reconciliation. During this stage, if the arbitrators fail to resolve the issue, they would recommend to the court that you are granted a divorce.
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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.
So that your questions are attended to in detail, it is advisable to schedule a consultation with a legal advisor. If you would like to schedule an appointment, please do not hesitate to contact us.
Look forward to hearing from you. Dr. Hassan Elhais