Inheritance is a very important aspect of family law. It is the branch of law that ensures welfare of family members and the continuity of the family unit after the death of an individual. Inheritance law in the UAE includes the disposal of an estate after a death, whether the individual died intestate or after having made a will. Apart from this, an inheritance judge has the authority to prove death, appoint a guardian for minors and a guardian for the estate, settle civil real estate or commercial disputes arising from the estate or any plea related to the removal or inclusion of heirs, bequests, endowments, or settlements. In this article, we will understand the way in which a person's estate is disposed of after his death.
Death Certificate and Funeral
After a death, the government will issue a death certificate which must be submitted for registration with the UAE's Ministry of Health and Prevention, Ministry of Foreign Affairs and the Department of Naturalization and Residency of the Emirate of residence. In case of an expatriate death, the embassy or consulate of his country in the UAE must be contacted for further formalities. The expenses towards acquiring the death certificate and funeral expenses must be extracted from the deceased's estate proceeds as per Article 201 of Federal Decree Law No. 41 of 2024 ("Personal Status Law") and Article 25 of Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 ("Civil Status Law").
Succession Certificate/ Inheritance Certificate
The succession certificate lists out the legal heirs of a person. This document is the first step towards initiating the process of distribution of estate. The certificate is issued by the personal status court, upon opening a file before the court for this purpose. One will be required to submit several documents related to the deceased person, as well as information of the heirs, to obtain the succession certificate.
Wills
A will is a legal document that contains specific instruction on the disposal of the properties of a person, after his/ her death. Although wills are generally associated with properties, they may also contain instruction on other matters, such as guardianship of children, or other directions to family members. In the UAE, both Muslims and non-Muslims can create a will and register the will with the competent authority. In case of expatriates, they can request that their Will be governed as per the laws of their home countries, in case of disputes. Muslim wills will be disposed of as per Federal Decree Law no. 41 of 2024 regarding Muslim Personal Status Laws.
Inheritance in the absence of a will under the Muslim Law
The Federal Decree Law No. 41 of 2024 stipulates the details regarding the inheritance of assets after the death of an individual. These stipulations are covered in Articles 200 through 250. These articles explain the individuals recognised as legal heirs, the distribution of shares allocated to each heir, and the factors that lead to the disqualification of heirs. One of the principal aspects of Muslim inheritance law is that only 1/3rd of the estate may be allocated by a will. If the heirs do not consent to exceed the limit then 2/3rd of the estate must be distributed as per the Muslim inheritance law.
Inheritance in the absence of a will under the non-Muslim Law
Under the civil status law, both Federal decree Law no. 41 of 2022, and Abu Dhabi Law No. 14 of 2021, in the absence of a will, half of the inheritance is to go to the husband or wife, and the other half is to be divided equally between the children, without distinction between males and females. If the deceased has no children, the inheritance will devolve to the parents of the deceased, if alive, equally, or half of it to one of them, if the other is dead, and the other half to the siblings of the deceased, or all the inheritance shall devolve to a parent, if the other is dead and there is no spouse, child or brother of the deceased, and if both parents are dead, all the inheritance will devolve to the siblings of the deceased equally, without distinction between males and females.
With the exception of the above, any of the heirs of an expatriate may request the application of the law that shall be applied to the inheritance, according to the provisions stipulated in the Civil Transactions Law, unless there is a registered Will stipulating otherwise.
To ensure the smooth transfer of assets after death, it is highly recommended to create a will. Ensure that the will is created with the help of a competent lawyer, to eliminate any potential discrepancies and to avoid litigation in the future that could lead to undue delays in the distribution process, leading to vital resources being inaccessible to your loved ones.
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.
