Dubai Inheritance Law – What to Know Before You Hire!
Whether you have been living in Dubai for quite some time now or you have recently moved in, you will want to know how certain laws apply to you and how they affect specific areas of your life, like property and inheritance. In that case, you will have to know about Dubai inheritance law, which is largely based on Sharia Law and certain federal laws. In terms of succession, the laws governing that are personal law and civil law!
Hiring an experienced and knowledgeable
lawyer can help you navigate inheritance law in a less daunting way, so that
you can make informed decisions on matters that may be relevant to it. Here are
more things you should know about Dubai
inheritance law before you hire one:
It can
be complex
Inheritance law in the UAE is extensive and
covers everyone, no matter their religion and nationality. Non-Muslims and
expats are allowed to apply the law of their home country, but Muslims must
follow Shariah Law, which requires further interpretation by an expert.
The
right to claim
Under Dubai inheritance law, heirs and descendants have the right to
claim the estate of the deceased, as per Shariah Law for Muslims. The estate
will be transferred to those who are qualified as the heir of the deceased,
under Shariah principles. For non-Muslims, the beneficiaries of the Will, as
long as that Will is legally certified.
Impact
of the precedents
Given that it’s a civil law jurisdiction,
the impact of the presidents is null, unlike particular common law
jurisdictions. Compared to certain authorities, the UAE does not acknowledge
the right of survivorship where jointly owned properties are given to surviving
owners. The decision is up to the courts.
Shariah
Law principles
Courts must determine the heirs and
reconfirm that through two male witnesses. Documentary proof (i.e., marriage
certificate and birth certificate) are necessary. Parents, grandchildren,
nieces or nephews, children, spouse, and siblings are considered the heirs to an
estate.
Wills
are essential to expats in Dubai
Dubai inheritance law states that the courts will apply the UAE
laws pertaining to inheritance in a given situation where there is no Will.
That means if you die without a succession plan, the local courts will examine
your estate and distribute it according to Shariah law.
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