Ways to Claims Inheritance Under The Law in The UAE

In recent years, the United Arab Emirates (UAE) has made significant changes to its inheritance laws. It is done to promote multiculturalism and progressivism, particularly for expatriates residing in the country.

Under the new provisions, expats can now choose to apply the law of their home country for inheritance matters. For this, they should have a registered will. This is a significant departure from the previous requirement where Islamic Sharia law would apply in the absence of a will. 

With the new changes, the personal law of the deceased will prevail in such cases. For Non-Muslim foreigners who have their domicile, place of residence, or place of work in the Emirate of Abu Dhabi, the newly enacted decree-law on “Personal Status for Non-Muslims in the Emirate of Abu Dhabi” will apply.

Regarding inheritance matters, the following provisions apply: 

• An expat can nominate their inheritance according to their specific wishes and desires.  They can designate any person of their choice to inherit their assets in the UAE through a will.

• If a foreigner dies without a will, half of their estate will go to the spouse. The remaining half will be equally divided among the children, regardless of gender. In the absence of children, the remaining half will be distributed equally between the parents. If either parent is deceased, that share will be allocated to the deceased’s siblings, equally among them. Read ABU DHABI LAWYERS HERE expert in Family Law. 

• To ensure a smooth inheritance process, it is crucial to have a valid will in place. Depending on the emirate of residence, specific steps must be followed to validate the will. For example, in Dubai, a will can be recorded with either the DIFC Wills. Furthermore, the Probate Centre or attested through the Dubai Courts.

• However, complications may arise when the beneficiaries of the will are not UAE residents. In such cases, it is advisable to appoint inheritance lawyers. He is the one who can handle the necessary legal procedures and execute the will on behalf of the deceased. 

• Seeking legal advice during the early stages of drafting a will is significant. It is crucial to ensure its validity and compliance with UAE laws. It is better to consider the appropriate choice of law based on the expat’s circumstances.

• The recent changes in UAE inheritance laws have modernized and aligned them with the evolving society. With diverse ethnicities and backgrounds, it allows diverse obligations of the country to be served.

• These amendments aim to strike a balance between preserving the heritage and culture of the Emirates. It will create a modern legal framework that caters to the needs of its multicultural population.

• In summary, if beneficiaries of an inheritance in the UAE are not residents of the country, it is essential to have a valid will in place that reflects the wishes of the deceased. 

• By appointing inheritance lawyers and seeking legal advice, expats can navigate the inheritance process smoothly, ensuring compliance with UAE laws and the choice of law that best suits their situation. 

• The UAE’s progressive approach to inheritance laws acknowledges the diversity of its population and provides individuals with greater control over their assets and legacies.