Questions & Answers
Questions & Answers
8 available 8 • View allFiling an inheritance case to split a property
2
Q: My brother and I bought a property in RAK. My brother died in a car accident 2 years back.
I am an Indian citizen and my brother applied for PR in Canada. His younger son is a Canadian citizen and the elder one is Kazakhstani citizen.
His wife also holds Canadian PR. He left no will; he has two sons and a wife, and the wife is not on talking terms now. I am confused about what to do to resolve this.
I have paid all registration money and now I am stuck.
Please advise

Sep 14, 2019
425
Transferring the shares of the father in a company to his heirs


7
Q: Hello,
I am a Chinese national who came to Dubai for my father's inheritance case after his passing earlier this year.
My father owned 2 LLC companies with the same local sponsor, one of which he had a 49% share and the other 25%.
I wanted to inherit the shares and exit the companies but was told there's nothing for me and my family to inherit.
One of the companies is more than 20 years old and the sponsor refuses to show me financial statements for these companies.
What can I do, please?



Dec 25, 2019
1528
The right of a successor to obtain a list of assets for his late father
1
Q: Hi
My father passed away. I stay out of Dubai and my brother asked me to give an absolute POA.
I gave them, and now I ask them to give me the assets list and they are making excuses.
Where I can get a copy of the assets list for my inheritance from?
I am a UAE national.
Thanks

Sep 2, 2021
286
What are the procedures to find the assets of deceased father?
0
Q: Hi
If someone's father is deceased and doesn't know about his assets in the UAE, is there any way to find his assets?

Sep 23, 2021
428
Can the daughter claim her rights of inheritance after her father passed away?

0
Q: Please I want an answer in Sharia.
The father of a Muslim UAE national gave in his lifetime his business share to 3 sons and 3 daughters.
He did not give any share in this business to the 4th daughter. The 4th daughter came to know he did not give her rights after his death.
Is there any way she can go to sharia court for justice?
Thanks and regards,
A detailed answer will be highly appreciated.


Jun 13, 2022
315
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
76
How do we handle an inherited land sale when one sibling refuses?




1
Q: Hi,
I would like to ask about the division of land. We are 8 siblings, and 7 of us agreed to sell the property, but our oldest brother disagrees.
Could you help me settle this and explain the right way or law?





+2
Aug 9, 2024
141
Do daughters have the right to know information about a business fully inherited by mother from father?




1
Q: Dear Lawyers,
My deceased father owned a business in the UAE. He has a will stating that all property and the ongoing business go to my mother after him.
My brother is part of the business, and my mother stays with him. I want to know, as per UAE law:
1. Do married daughters have any rights to be informed about the business's health?
2. Can married daughters claim any share or role in decision-making for the business, given that the will states that after my mother, the inheritance will be equally shared among siblings?





+5
Nov 1, 2024
103
Legal blog
4 available 4 • View allAlternatives to the Sharia Inheritance Law in the UAE 9
The article states the currently available options on how to set up a Will in the UAE. The expatriate (non-Muslim) testator has several options on how to protect the assets in the UAE and how to appoint guardians for the minor child(ren) habitually residing in the Emirates.
Jun 13, 2019
3743
Securing Your Assets in the UAE by Registering Your Will 14
Do you have assets in the UAE? Have you made a will yet? It is highly recommended to register a will soon, otherwise, the drive to asset disbursement can be extensive and expensive. In addition to the option of registering a will in DIFC for Non-Muslim will registration, Abu Dhabi Judicial Department (ADJD) had also introduced a separate office since August 2017, which has made the entire will registration process easier and cost-effective.
Dec 16, 2018
4399
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
4935
Online POA and Other Notary Public Services in the UAE 28
With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.
Jun 8, 2021
19252
Laws & Regulations
2 available 2 • 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
49128
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148546

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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
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Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
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If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
May 9, 2024
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I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
Jan 26, 2024
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How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?
Appreciate any guidance provided.
Jan 26, 2024
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Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 3
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
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Does the new property owner have to sign a new contract with the tenant? 3
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
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Cleaner's resignation with 30-day notice in incomplete contract 7
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
Aug 16, 2022
491
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
Aug 14, 2022
280

Other answers by
When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
487
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
383
Is it possible to apply a will issued in South Africa in the UAE? 1
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
504
How to access the bank account of my son who passed away recently? 1
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
322
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