Most Read Contributor in United Arab Emirates, March 2017
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 content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'
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