Death, while inevitable, often leaves those left behind grappling with the complexities of asset distribution. In the UAE, like elsewhere, the legal framework around inheritance is intricate, and understanding the nuances is crucial. This article aims to shed light on the procedures and implementation of inheritance laws in the UAE.
The Challenge of Intestacy
For anyone left behind when a loved one dies without leaving a will, known as dying intestate, accessing the deceased’s assets can be fraught with financial hurdles and prolonged delays. For this reason, legal experts advise individuals to draft a will during their lifetime, offering peace of mind to their families.
UAE’s Dual Legal System
The UAE’s inheritance legal landscape bifurcates between Muslims and non-Muslims. Muslims come under the purview of the Sharia law, while non-Muslims either adhere to their own personal law or the laws of their home country, especially if they are expatriates. Additionally, the Civil Transactions Law of 1985 lays down specific provisions relevant to inheritance matters.
Defined under Article 313 of the UAE Personal Status Law of 2005, inheritance refers to the transfer of assets and rights from a deceased individual to the legal beneficiaries.
Inheritance Provisions for Non-Muslims
The Federal Decree-Law No. 41 of 2022 on Civil Personal Status governs inheritance for non-Muslims. The law details specific rules for asset distribution in cases of intestacy:
A spouse is entitled to half the inheritance, with the remainder being equally divided among the children.
If no children are present, the spouse and parents of the deceased share the inheritance equally.
In situations with only a single surviving parent, they, along with the deceased’s siblings, receive portions of the inheritance.
Articles further allow individuals to bequeath their UAE-based assets as per their wishes, and the heirs can opt to apply their home country’s laws for asset distribution, barring any contradictions with a registered will.
Muslim Inheritance Laws: An In-depth Look
Sharia law offers a comprehensive and detailed structure for inheritance, spanning over 40 articles. Here are a few key points:
Funeral costs and outstanding debts are settled before inheritance distribution.
If there’s a will, it takes precedence in asset distribution. However, it shouldn’t exceed a third of the total assets.
A non-Muslim is prohibited from inheriting from a Muslim.
Designated heirs, known as ‘forced heirs’, receive predefined portions of the inheritance. These portions vary based on the deceased’s relationships with the heirs and are outlined from Articles 322 to 328.
Should there be remaining assets after the forced heirs’ shares, they are allocated to the ‘residuary’. If no such heirs exist, extended family members step in. In a situation where there are no beneficiaries, the assets eventually revert to the government.
In Conclusion
While Sharia inheritance laws might seem daunting, they ensure that all rightful beneficiaries get their share. For non-Muslims in the UAE, having a will can simplify the legal process. Ultimately, understanding these laws can provide clarity and ease the transition during challenging times.
