News and developments
Inheritance Law in the UAE: Procedures and it’s Implementation
However, laws in the UAE provide for the division of assets in case a person dies without executing a will. The inheritance laws of the country are separate for Muslims and non-Muslims, since Muslims are governed by the Sharia whereas non-Muslims have their own personal law, or can choose to apply the law of their home country if they are expats. In addition to the application of their respective personal laws, some provisions of the Civil Transactions Law of 1985 will also be applicable.
Inheritance: Inheritance is defined, under Article 313 of the UAE Personal Status Law of 2005, as devolution of property and rights after the death of their owner. It is basically a transfer of assets of a deceased person to those legally entitled.
INHERITANCE FOR NON-MUSLIMS
Articles 11 and 12 of Federal Decree-Law No. 41 of 2022, on Civil Personal Status, govern inheritance for non-Muslims.
Article 11(2): If a non-Muslim dies intestate, then his assets will be divided according to the following rules:
-
- Half of the inheritance will go to the spouse, and the other half will be divided between children equally.
- In case of no children: Half of the inheritance will go to the spouse, and the other half will be divided equally between parents of the deceased,
- In case of only one parent: Half of the inheritance will go to the spouse, and the other half will be divided into two parts, of which:
- One part will go to the parent who is alive
- Other part will be divided between the brothers of the deceased equally.
- In case of only one parent: All of the inheritance will go to the parent who is alive, if the other parent is dead, and there is no spouse, no children, and no brothers of the deceased.
- In case of no parents: All of the inheritance will be divided between the brothers of the deceased equally.
- Inheritance will be determined once the costs of the funeral of the deceased and his outstanding debts, if any, are already paid.
- In case there is a will executed by the deceased, assets will primarily be determined according to the will and if property is still left, then it will be divided as per the Sharia.
- A testator cannot bequeath more than one-third of his assets in the will, and there are certain restrictions as to whom he can bequeath.
- If there is no will, assets are to be determined only according to the Sharia.
- Heirs are to be ascertained by two male witnesses and proof of documentation.
- A non-Muslim cannot inherit from a Muslim.
- Where a person kills another with the intention of deriving benefit from the assets, such person will not be entitled to a share.
-
- Half of the inheritance will go to:
- The husband, if the wife has no descendant
- The daughter, if she is the only child of the deceased
- The daughter of the son or of his descendants, if there is no child/grandchild higher in degree of the deceased
- The germane sister if she has no brother or sister, and there are no descendants, father or paternal grandfather of the deceased
- The consanguine sister if she has no brother or sister, and there are no descendants, father or paternal grandfather of the deceased.
- One-fourth of the inheritance will go to:
- The husband, if the wife has a descendant
- The wife, even if more than one, if the husband does not have a descendant.
- One-eighth of the inheritance will go to:
- The wife, even if more than one, if the husband has a descendant.
- Two-thirds of the inheritance will go to:
- Two or more daughters, if there is no son of the deceased
- Two or more daughters of the son or of his descendants, if there is no son, grandson of a same degree or grandchild of a higher degree of the deceased
- Two or more germane sisters if there is no germane or consanguine brother, descendant, father or paternal grandfather of the deceased
- Two or more consanguine sisters if there is no germane or consanguine brother, germane sister, descendant, father or paternal grandfather of the deceased.
- One-third of the inheritance will go to:
- The mother, if there is no descendant, brother or sister of the deceased
- Two or more of the mother’s children, with equal division, if there is no descendant, father or paternal grandfather of the deceased
- The paternal grandfather, if he concurs with more than two consanguine brothers or sisters, and if there are no forced heirs of the deceased.
- One-sixth of the inheritance will go to:
- The father, if he concurs with a descendant
- The paternal grandfather, as per Article 327(2) of the law
- The mother, with the descendant or two or more brothers and sisters
- One or more grandmothers, if she is not debarred from inheritance
- One or more daughters of the son or of his descendants, with a single consanguine daughter or a single son’s daughter in a higher degree, if there is no son or grandson in equal or higher degree of the deceased
- One or more consanguine sisters, with a germane sister, if there is no descendant, father, paternal grandfather, brother or consanguine brother of the deceased
- The single uterine brother or sister, if there is no father or paternal grandfather of the deceased, as well as according to Article 347 of the law.
- One-third of the remainder will go to:
- The mother, with the spouse and the father, if there is no descendant or two or more brothers or sisters of the deceased
- The paternal grandfather, if he is with a forced heir and more than two brothers or more than two germane or consanguine sisters, provided that the one-third share is better than the one-sixth for him.
- Half of the inheritance will go to: