Questions & Answers
Questions & Answers
7 available 7 • View allProcedures and costs related to release the husband assets after his death

0
Q: Greetings,
My husband passed away due to Covid-19 recently, Resident of Dubai since 1990. I am resident as well with a son (Adult, Unmarried, Ex-Resident) and daughter (19, Active Resident). Under husband's sponsorship.
My husband had a bank account, Car and LLC partnership. The bank account is frozen, we are out of funds as the money is in the bank account and we can't sell the car currently as it is under my husband's name.
What is the procedure for me to get everything released?
How long does it take and what are the related costs of Court?
We have Dubai visas. Son is here on a tourist visa.
What's the relaxation from the courts for Covid-19 affectees?
Partner of the company is a sleeping partner, not giving us anything while having company capital in his own pocket and company on loss, high payables and no receivables.
Will the company affect us or my deceased husband's personal account and would there be a claim over his personal account?
I can't get POA from Pakistan. MOFA requires a Succession Certificate issued from Pakistan courts which takes 3-4 months, headache, costly.
Regards


Oct 14, 2020
935
How to process all the documents needed to issue a succession certificate?
5
Q: Dear Ms. Rajasree,
I would like to seek your assistance in the processing of a succession certificate and the release of bank funds to the heirs of my deceased husband.
My husband died in Dubai on October 5, 2020. The bank has confirmed that death benefits on loan insurance have been credited and is on freeze due to legal and court documents needed.
I and my 3 children are currently in the Philippines.
Kindly advise on how can we process all the documents needed?
Thank you very much!

Apr 26, 2021
1505
How to transfer the properties of expats to their heirs after death?

2
Q: Hi,
My relative was an Indian national holding a residence of the UAE. He had an ADCB bank account and owned a flat and a business in Dubai.
Unfortunately, he and his wife both passed away in India due to Covid in April 2021. They are survived by two sons, one of whom is a minor, and the other is 21 years old.
The sons are in India, and cannot travel immediately to the UAE due to flight restrictions. I want guidance on the legal process and documentation needed so that the properties and bank balance can be transferred to his sons.
He did not leave behind a will and was a Muslim.


Jun 6, 2021
468
How will the property of an unmarried non -Muslim woman be divided after her death?
1
Q: A family member (non-muslim, ex-pat, female) passed away. She was registered in the UAE and has a UAE working/residency permit, alongside a company registered in the FFZ. It appears there is no will. She has no UAE real estate. She has no children and was never married.
She has a living mother and sister, alongside an adopted sister with whom no one has a contact.
1) How will heirs be decided? Using home country law or sharia? Can we choose? How do mother and sister show proof of lineage?
2) Using the inheritance law of our home country, the adopted sibling is seen as a full sibling. It will be a 1/3 division between the three persons stated above. Can a court in UAE overrule this part of home country inheritance (e.g. incompatible with UAE laws) and skip the adopted sibling?
3) Can legal heirs (e.g. mother, full blood-related sister) agree to a different division if heirs are decided? E.g. the sister wants to include her children as heirs. Or does this have to be done after the money transfer?

Aug 1, 2021
315
Can a succession certificate get tampered with? What to do?

1
Q: Dear sir/madam,
Can a succession certificate get tampered with?
If yes, then how can one protect him/herself?


Mar 26, 2022
193
Obtaining a succession certificate to get father's funds released from a Dubai bank



1
Q: Dear sir/madam,
My father recently passed away in India and we would like to obtain a succession certificate in order to have his funds released from a Dubai-based bank.
My mother and my 2 siblings are UK nationals living in the UK. I am aware that we need to provide our passport copies, a certified death certificate (UAE Embassy in India), and two male witnesses to confirm our family members.
My questions are the following:
1. Do the two male witnesses have to be UAE nationals? Or can they be British nationals?
2. Will they be required to attend a Dubai court? Or can they confirm remotely via letter/email or phone?
I would be most grateful for your assistance.
Thank you for your time!




Nov 24, 2022
421
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
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6 available 6 • View allWhy 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
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Wills 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
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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
4325
Alternatives 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
3675
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
1940
Legal Proceedings during COVID-19 in the UAE 0
An interview-format article covering the topic of legal proceedings during COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 18, 2021
276
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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