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Inheritance law in the United Arab Emirates (UAE) is primarily governed by Islamic Sharia principles, which dictate the distribution of a deceased person’s estate among their heirs. However, the UAE also has provisions for expatriates, allowing them to opt for their home country’s laws in certain cases. The Federal Law No. 28 of 2005 (Personal Status Law) provides the framework for inheritance matters in the UAE, ensuring fair and lawful distribution of assets.
Inheritance law in the United Arab Emirates (UAE) is heavily influenced by Islamic Sharia law, particularly for Muslim residents and nationals. Sharia law dictates how a deceased person’s estate should be divided among heirs, with specific shares allocated to family members like spouses, children, and parents. For Muslims, these rules are mandatory, ensuring a fair and just distribution based on Sharia inheritance principles.
However, for expatriates residing in Dubai, there is flexibility within the law. Expatriates can register a will under their home country’s inheritance laws as long as it complies with UAE regulations. This process is especially useful for non-Muslims who wish to distribute their assets according to their personal or cultural preferences.
Include specific shares of the deceased’s estate are allocated to family members such as spouses, children, parents, and siblings.
Traditionally, male heirs receive a larger share compared to female heirs, though the exact distribution depends on the family structure.
Muslims in the UAE are generally required to distribute their estate according to Sharia law, though they can specify certain gifts or distributions within this framework.
Expatriates can register a will to distribute their estate according to their home country’s laws, provided they follow UAE procedures for will registration.
The UAE courts issue an inheritance certificate, listing the rightful heirs and their respective shares of the estate.
The process involves validating the will (if applicable), identifying heirs, and distributing the estate according to the inheritance certificate or registered will.
NonMuslim expatriates can register their wills with the Dubai International Financial Centre (DIFC) Wills Service Centre or the Abu Dhabi Judicial Department to ensure their estate is distributed according to their wishes.
Our law firm provides a comprehensive range of inheritance law services, tailored to meet the needs of both UAE nationals and expatriates. Our experienced inheritance lawyers are committed to offering expert legal guidance and support in all aspects of inheritance and estate planning.
Will Drafting and Registration: Assist clients in drafting wills that reflect their wishes while complying with UAE laws.Guiding clients through the will registration process at the DIFC Wills Service Centre or the Abu Dhabi Judicial Department, ensuring legal enforceability.
Inheritance law in the UAE is a complex field that requir careful navigation to ensure fair and lawful distribution of assets. Our law firm offers a wide range of inheritance law services, from will drafting and estate planning to probate and dispute resolution. Our experienced inheritance lawyers are dedicated to providing comprehensive and effective legal support, ensuring that our clients’ wishes are respected and their assets are protected. Whether you are a UAE national or an expatriate, our team is here to guide you through the legal intricacies of inheritance law and ensure a smooth and efficient process.
At Dubai Lawyers, we understand that inheritance matters are not only legally complex but also emotionally challenging. Whether you are navigating the Sharia inheritance system or managing a cross-border estate, our experienced team of inheritance lawyers is committed to providing compassionate and professional legal support.
Here’s why clients trust us with their inheritance matters:
The assets will be distributed as per the Sharia Law. In case if the deceased has a Will, the assets will be distributed as per the will, and the assets that doesn’t fall under the Will be distributed as Per Sharia.
A Non-Muslim can create a will specifying how the Assets are to be Distributed.
Yes, you can challenge a Will in Dubai Courts.
a) A Decree of Distribution
b) UAE ID for all heirs of the UAE citizens and Residents
c) Copies of valid passports for heirs (non-residents)
d) A no objection letter (NOC) from a mortgagor in case the property is under mortgage
e) A letter from Dubai courts, the courts of other Emirates, or the Awqaf and Minors Affairs Foundation addressed to Dubai Land Department, indicating the transfer of the property to the names of the heirs.
Under Sharia Law, Islamic inheritance rules, known as “faraid,” prescribe fixed shares for distributing a deceased person’s estate among heirs based on their relationships and gender. The estate must be divided according to these predetermined shares, with a limited testamentary freedom allowing only one-third of the estate to be allocated freely, excluding those who already have fixed shares.
