Questions & Answers
If a man gives most of his assets to his wife, can this be challenged after his death?
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!
Dear Questioner,
Thank you for your question regarding the application of Article 361 of the Family Code in inheritance cases under Emirati law.
Article 361 indeed addresses legal stratagems ("heela") that aim to circumvent the law, and such actions can be nullified if they are found to be contrary to the legal requirements.
In the scenario you described, where a man gives away most of his assets to his wife, bypassing his children, this can potentially be challenged.
If it is proven that the man intended to circumvent the law's requirements for fair distribution of assets, such a transfer could be nullified.
The law aims to ensure that all heirs receive their rightful shares according to the prescribed inheritance rules.
This situation can be complex and requires careful examination of the specific details and intentions behind the asset transfers.
I would be glad to provide you with detailed legal advice and representation to ensure that your rights and interests are fully protected.
To discuss your case further and explore how I can assist you, please reach out to me via WhatsApp or phone at [--------].
Dear Questioner,
You can file a lawsuit in court to invalidate all actions prior to the death of the decedent, and then distribute the wealth among the legitimate beneficiaries.
Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.
Please contact us via email or call our offices in Dubai at [------] or Sharjah at [-------].
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Dear Questioner,
Yes, indeed, the UAE Personal Status Law regulates this and prohibits the transfer of all or most of the money to escape legal inheritance.
The heirs may accept or reject it if it is proven that he had bad intentions.
The will or gift (to escape inheritance) is valid within the limits of one-third, but anything more than that must be given to the heirs, who can accept or reject it.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [-----].
