Questions & Answers
Questions & Answers
9 available 9 • View allحصر تركة المتوفَّى والمطالبة بمستحقاته



1
س: السلام عليكم،
تُوفِّي لنا أخ متقاعد عسكري في الإمارات، رحمة الله عليه، وليس لديه أبناء أو أب أو أم. انحصر إرثه الشرعي في زوجته وإخوانه. لديه راتب يُصرَف بحدود ٢٠ ألف درهم ونحن ورثته.
هل يحق لنا المطالبة بالحقوق السابقة؟ حيث أنه حاليًا يُصرَف راتبه لزوجته ولا نعلم إن كانت هناك حقوق تُوزَّع للورثة.
علمًا بأنه بعد وفاته، أُرسلت مستحقات تأمينية لتوزيعها علينا نحن الورثة وهذه المستحقات من صندوق المعاشات في حدود ٢١٠ ألف، وتم تفصيلها على أنها مستحقات ١١ شهرًا لما قبل وفاته، وقد وزعتها علينا المحكمة، جميع الورثة، وفق الأنصبة.
السؤال: هل توجد له حاليًا حقوق سابقة لدى جهة العمل أو مع الصندوق؟ وهل يحق لنا أن نطالب بهذه الحقوق؟




Feb 11, 2023
156
How can the heirs of a deceased person distribute his shares if there is a minor?



1
Q: My father died recently. We are Muslim residents in Dubai. I have siblings including a minor who is 16 years old. My father has land and vehicles under his name.
If I am applying for inheritance, does the minor need to have a share in ALL the properties and vehicles or can she be given a particular property/vehicle?
Secondly, if we want the land to be in her name, and she manages it (like renting and bank), does it require an adult?
Can the vehicles be transferred to someone else’s name without including her?
Your guidance will be very much appreciated.




Oct 26, 2023
113
Would a minor have a share in all properties, or be given a particular property?



2
Q: Dear Sir/Madam,
My father died recently. We are Muslims living in Dubai, UAE. I have siblings, including a minor who is 16 years old. My father had land and vehicles under his name.
If I am applying for an inheritance, does the minor need to have a share in all the properties and vehicles, or can she be given a particular property?
Second, if we want the land to be in her name, can she manage it (like renting and banking) or does it require an adult?
I want to ask the same for transferring the vehicles.
Your guidance will be very much appreciated!




Oct 26, 2023
126
Father passed away. What are the procedures to sell his property in the UAE?



3
Q: Hi,
My family lives in Ireland and we are Irish citizens. We are not UAE residents nor do we have citizenship. I am the eldest son in my family.
My mother and father own property in Dubai, UAE. My father passed away last year. He did not have a will. I have his original death certificate.
My siblings and mother have granted me Power of Attorney to sell the property. I have notarized, authenticated, and legalized both these documents with the Irish Department of Foreign Affairs and the UAE embassy in Ireland.
The title deeds for the property are currently in my mother’s and father’s name. We have the keys to the property and the title deeds. I wish to sell the property as soon as possible to divide the proceeds with my family.
Would you be able to advise if I can fly over to Dubai to complete the sale of the property?
Would I need to transfer the names of the title deeds from my parents' names to my name first? What extra documentation would I need?
Thanks!




Dec 22, 2023
203
Foreigner dies without a will - how do judges know home country's laws?




1
Q: Dear Sir/Madam,
If a foreigner has not drafted a will before death in the UAE, the law of the state of nationality will apply to the inheritance of the deceased's estate.
How do judges become aware of the laws of other countries?





Jan 23, 2024
96
Can I register our Dubai marriage in the Philippines after my wife's passing?




2
Q: Hi,
I'm a Filipino. I got married in Dubai way back in 2005. We didn't get a chance to register our marriage in the Philippines.
Unfortunately, my wife died this year and we have some properties that I need to handle.
Is it possible to register our marriage even though my wife is now deceased?





Mar 18, 2024
173
How can I obtain a legal heir certificate?




2
Q: Dear Sir/Madam,
My father owned a company in Dubai. He passed away in India, his native place.
How can I obtain a legal heir certificate, and what is the limitation of a succession certificate?





May 2, 2024
153
If a man gives most of his assets to his wife, can this be challenged after his death?


1
Q: Dear Sir/Madam,
According to Emirati law (361 of the Family Code), any "heela" (legal stratagem) that causes the circumvention of the law can be nullified. Does that pertain to inheritance cases?
For example, if a man gives away most of his assets to his wife but does not provide anything for his children, and then he dies, can this be challenged on the basis that the man tried to avert the requirements of the law in distributing his assets fairly?
Many thanks!



May 29, 2024
56
What are the custody and guardianship rules for children of expat Muslim parents upon their death?




1
Q: Hello,
What are the rules for expat Muslim parents living in the UAE in the event of their death?
Who will take care of their child, and how can they choose the persons they want their child to be with?
Should they specify it in a will?





+3
Feb 3, 2025
138
Legal blog
4 available 4 • View allWills for Non-Muslims in Dubai and Ras Al Khaimah 5
In 2016, Dubai introduced an exceptionally unique solution to entertain basic asset protection needs to Foreign Investors and Expat Residents living in Dubai. They can now be 100% sure their assets are fully protected against any problems that may arise because of the forced heirship system applied by the Sharia Regulations in the United Arab Emirates, or any other conflict between the religious laws of succession between the person and the state where he lives and invests.
Mar 19, 2018
2927
Why You Need a Will in the UAE? 4
The United Arab Emirates is a Sharia-Law country with respect to personal status and inheritance. In accordance with the UAE legislation, the UAE Courts will adhere to Sharia Law in a situation where there is no proper Will in place.
Feb 28, 2017
4881
Why Is It Important for Non-Muslim Expats to Have a WILL in the UAE? 8
An interview-format article covering reasons why a non-Muslim expatriate should have a will in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila sheds light in this article on the right time and place to start the procedure based on tested practices in the UAE.
Nov 25, 2019
1943
Navigating Inheritance Law in the UAE: Comprehensive Guide for Legal Heirs 4
Inheritance matters can be intricate, especially in a jurisdiction like the United Arab Emirates (UAE), where local laws and international considerations intersect. Understanding the procedures to obtain a succession certificate or legal heir certificate is crucial for the rightful distribution of a deceased's assets.
Nov 18, 2024
252
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49053

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