The Sharia Law is adhered to in the United Arab Emirates with relation to inheritance and personal status. When there is no will, UAE Courts adhere to Sharia law in conformity with the law. In other words, if a person passes away without leaving a will, the UAE Courts will distribute his or her property and appoint guardians in accordance with Sharia law. Sharia-compliant distribution can occasionally have unintended consequences on non-Muslim foreigners. The substantive provisions of the will and all actions related to the after-death stage shall be governed by the law of the country of the person carrying out such action upon the death of such person, according to Section (4) of the UAE Civil Transactions Law number 5/1985 regulations, Articles (1257) to (1261), and Articles (17/3, 4 & 5) of the same law. The format of the will and any activities related to the post-death period must adhere to the laws of the nation from which they were issued or the state in which they occurred, with the exception of wills issued by foreigners, which are governed by UAE law. According to Section 4 of the UAE Personal Status Law and the relevant articles (240 to 272), a will in the UAE can cover up to one-third of the testator’s estate after the rights of the heirs have been fulfilled.
If the will exceeds one-third of the estate, it is only valid with the acceptance of the heirs. The will must include certain elements, such as the wording, the testator, the legatee, and the bequeathed property, and must not include forbidden items such as alcohol.
The will must also be approved by adult heirs and the bequeathed funds can be transferred to the legatee after the testator’s death, unless specified otherwise in the will. In cases where the testator has a son or daughter who died before or with them, their grandchildren may be entitled to a will for one-third of the estate under certain conditions, as stated in Article 272. Non-Muslim foreigners in the UAE may choose to follow the provisions of their own laws for their wills, as long as a authenticated copy is provided. However, it is important for non-Muslim foreigners to seek legal advice in order to ensure that their wills are properly executed and will be recognized by the UAE courts. The provisions of the UAE Personal Status Law generally apply to both UAE nationals and foreign residents. However, foreign residents may choose to follow the laws of their home country or place of residence for their wills, as long as a authenticated copy is provided. This is the case even if the provisions of the foreign law are not in accordance with Islamic Sharia, as long as the parties to the dispute are non-nationals and non-Muslims. However, if the will concerns property owned by a testator within the UAE, the UAE law must be followed. This means that non-Muslim foreigners may encounter unexpected consequences when their wills are distributed according to Sharia principles. It is important for non-Muslim foreigners to seek legal advice in order to ensure that their wills are properly executed and will be recognized by the UAE courts.
Recently, there have been some ambiguities and difficulties encountered by non-Muslim foreigners in the execution and application of wills in the UAE. In order to provide justice and equality, and to bring peace of mind to non-Muslim foreigners when dealing with their own funds, the UAE has established laws and resolutions that apply to all non-Muslim wills and estates. These laws and resolutions allow non-Muslim foreigners to prepare their wills according to explicit legislation that ensures the application of their own laws and the development of litigation procedures for their wills and estates. This helps to simplify and make the wills and estates of non-Muslim foreigners enforceable and enables them to register their wills and manage their estates in the UAE. The laws and resolutions also address legal matters related to issues of inheritance and estates and provide appropriate solutions, which promotes the confidence and transparency of foreign investment in the UAE.
These resolutions are a part of the UAE’s efforts to establish an institutional infrastructure that promotes tolerance and acceptance of others, in line with the legislative structure of UAE law and the cultural values of the UAE. Additionally, in order to continue the success and progress of the UAE and to improve the justice system in a way that meets the aspirations of those living in the country. The United Arab Emirates (UAE) has announced a new law for non-Muslim foreigners residing in the country, which covers important family matters such as marriage, divorce, inheritance, and child custody. The federal decree-law on personal status will take effect on February 1, 2023. The provisions of the law regulate the conditions for marriage and the procedures for contracting and documenting the marriage through the competent courts. The legislation also specifies the procedures for divorce, which can be initiated jointly or unilaterally, and outlines the arrangements for financial claims after divorce and joint custody of children. It also sets out the procedures for inheritance and wills, as well as proof of paternity.