Once an individual resident in the UAE passes away without a will, the laws of the UAE would be applicable on the distribution of the deceased’s assets, including his bank accounts.

Generally, access to the bank accounts become restricted on the death of the individual, with the bank freezing the accounts when it becomes aware of the individual’s death. The monies inside the bank account cannot be dealt with or transferred without the orders of the courts.

The process is explained briefly below.

What is the Process of Gaining Access to the Bank Account of the Deceased?

Succession Certificate

Under the Federal Law No. 28 of 2005 On Personal Status (Personal Status Law), a person who claims to be a legal heir will have to submit an application to the competent courts, requesting for a succession certificate.

An heir under the Personal Status Law is created through marriage and kinship (Article 315).

The application for obtaining a succession certificate should include details regarding the date of death, last domicile, names of the heirs, movable and immovable properties, amongst others. The court will examine the matter and issue a succession certificate which will set out the heirs of the deceased and the share of each heir in the estate of the deceased.

Inheritance Case

Once a succession certificate has been issued by the court, an inheritance case is to be filed with the court in order for the heirs to receive the share allocated to them from the estate of the deceased.

Accordingly, the bank account remains frozen and forms part of the estate of the deceased, which will be distributed to the legal heirs of the deceased in the proportion as set out in the succession certificate.

However, having said the above, it is also important to note that the Personal Status Law prescribes an order of rights, in accordance with which, rights are granted under a succession. The order of rights is set out in Article 275 and is as follows.

This means that the estate of the deceased (including the cash in the bank account) will first be used to pay for the burial expenses, pay off any debts in the country, and then finally be available for distribution amongst the heirs.

Share of the Heirs in the Estate of the Deceased

The entitlement of the legal heirs is in accordance with the inheritance rules set out in the UAE Personal Status Laws which are based on the Shariah principles.

For instance, a husband may receive one half of the estate if the wife does not have any succeeding descendant (Article 322/1). If the wife has a succeeding descendant, the husband will receive one quarter of the estate (Article 323).

The daughter of the deceased may receive one half of the estate if the deceased has no other child, male or female (Article 322). Under Article 325 of the Personal Status Law, the daughter may receive two-thirds of the estate if the deceased had multiple daughters and no sons. A male and female of the same class will receive shares in the ratio of 2:1 under Article 334/2 of the UAE Personal Laws.

The heirs will thus claim their share based on the percentage or shares provided in the succession certificate issued by the courts.