القانون الواجب تطبيقه لتقديم بديل عن شهادة الوفاة للحصول على الميراث

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