Questions & Answers
Applicable law to submit a substitute of a death certificate for inheritance
The governing law for succession in the country is UAE Federal Law No. 5 of 1985 or the Civil Transactions Code which states in Article 17 (1) that "Inheritance shall be governed by the law of the deceased at the time of his death."
Does it mean that something would substitute as a death certificate since the question would probably be governed by the law of that state?
Please explain in detail.
Dear Questioner,
Though the UAE law clearly states that inheritance shall be governed by the law of the deceased at the time of his death and that wills are governed by the law of the citizen who expired, in practice, it seems the UAE court gives privilege to the application of Shari’a Law over non-Muslim expatriates notwithstanding a will that provides otherwise.
As per Article 276 of UAE personal status law, the person who claims ascertainment of death and succession has to submit an application in this respect to the competent court which shall include statements concerning the date of death, the last domicile of the decedent, names of the heirs and their domicile, the legatees and their domicile and the entire movable and immovable properties of the estate.
You may seek permission from the court to submit a Statement of Oath in the absence of an original death certificate.
Regards,
Rajasree Ravivarma
