Questions & Answers
My husband and I are Canadian Muslims and he passed away in the UAE. How to open an inheritance case?
Hi there,
My husband and I are Muslims. My husband passed away recently.
We have a Canadian will, but I understand that it won’t be honored as I am named the sole beneficiary, and that does not align with Sharia laws in the UAE. He was not a UAE resident but had a small apartment with no Will in the UAE.
We have 3 children. I am planning to go to Dubai to start an inheritance case. I don’t know the exact order of events and what needs to be done first.
1) Do I initiate anything from overseas before making travel plans to Dubai, or do I start once I arrive in Dubai?
Mind you, we cannot afford to stay in Dubai for too long, as the kids have school.
2) Do I need a lawyer, or can this be done by myself?
3) I understand all foreign documents need to be authenticated before presenting them to the court. But I don’t know at what stage I would need these documents authenticated.
I would appreciate it if you could provide a breakdown of the steps, the forms that are needed, and where I can find them.
Thank you
Inheritance in the UAE is governed by Sharia law, which may differ from Western legal systems.
To navigate the process as a non-resident with a Canadian Will, you will need to authenticate relevant documents, engage a lawyer familiar with UAE law, and potentially travel to Dubai to initiate court proceedings for asset distribution according to Sharia law.
Please contact us by phone or via email.
Dear Madam,
Please accept my sincere condolences for your loss.
I understand this is a difficult time, and navigating inheritance matters across international jurisdictions can be challenging. I'll provide you with a professional overview of the steps you should consider:
1. Regarding initiating the process from overseas:
It's advisable to begin preparations before traveling to Dubai. This includes gathering and authenticating all necessary documents through the proper channels: Global Affairs Canada, the UAE Embassy in Canada, and the UAE Ministry of Foreign Affairs.
2. Concerning legal representation:
Given the complexity of your case involving international assets, Sharia law considerations, and minor children, it is strongly recommended to engage a lawyer specializing in UAE inheritance law.
They can provide invaluable guidance and potentially handle some matters in your absence.
3. Regarding document authentication and children's presence:
You should authenticate the Canadian birth, marriage, and death certificates before traveling to Dubai. Your minor children do not need to be physically present for the proceedings.
For a detailed breakdown of the steps, required forms, and where to obtain them, I would suggest contacting the Dubai Courts directly or consulting with us.
They can provide the most up-to-date and accurate information tailored to your specific situation.
Please note that while your Canadian will may not be fully recognized, the UAE has recently made provisions for non-Muslims to apply their home country's inheritance laws. However, as Muslims, Sharia law will likely be applied in your case.
Given the complexities involved and the potential for a lengthy process, it would be prudent to seek professional legal advice before making travel arrangements.
This can help ensure you have all the necessary documentation and understand the full scope of the process before you arrive in Dubai.
If you require any further clarification or assistance, please don't hesitate to ask.
Respectfully,
Dear Inquirer,
We extend our condolences for your loss. Given that your husband did not have a UAE will, the inheritance process will follow Sharia law. To address your concerns:
While some initial steps, such as document authentication, can be started overseas, the primary legal process must be initiated in Dubai.
Navigating inheritance laws in the UAE can be complex, so having a lawyer is highly recommended to ensure a smooth process.
Yes, all foreign documents must be authenticated, and the timing depends on the court requirements.
To receive a detailed breakdown of the necessary steps, required forms, and legal procedures, we recommend booking a consultation with our legal team. Please contact us or visit our website to discuss your case further.
Best regards,
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Firstly, I would like to extend my heartfelt condolences for your loss. I understand that this process can be overwhelming, especially when it involves navigating the inheritance laws in the UAE.
Please rest assured that I am here to guide you every step of the way.
1. Will Execution through the Foreign Inheritance Court:
It’s important to clarify that in the UAE, the Foreign Inheritance Court can be used for executing a will issued outside the UAE, even if it does not fully comply with Islamic Sharia law.
This court handles cases for non-resident foreigners and allows for the execution of wills that were issued outside the UAE, such as your husband’s Canadian will.
The Foreign Inheritance Court does not require the application of Sharia law, so you can move forward with the execution of your husband's will as long as all the necessary steps are followed and the documents are properly authenticated.
2. Remote Execution:
One of the advantages of this process is that you do not need to travel to the UAE. We can handle the entire process remotely, ensuring all legal requirements are met and your rights are fully protected. Here's how the process works:
3. Notarization, Translation, and Authentication:
Before initiating the process, you will need to ensure the following documents are properly handled:
Notarize: The will issued by your husband in Canada should be notarized by a legal authority in Canada.
Translate: All relevant documents (the will, marriage certificate, death certificate, birth certificates of your children) need to be translated into both English and Arabic by certified translators.
Authenticate: Once notarized and translated, these documents need to be authenticated:
By the Canadian Ministry of Foreign Affairs.
At the UAE Embassy in Canada.
At the UAE Ministry of Foreign Affairs, once you are ready to proceed with the execution in the UAE.
4. Initiating the Process:
After the authentication steps are completed, we can proceed with the submission of your documents to the Foreign Inheritance Court. The process is straightforward and can be managed remotely:
Submit Documents: We will submit all your documents to the Foreign Inheritance Court for review and execution of the will.
Court Ruling: The court will then issue a ruling to execute your husband’s will according to the terms outlined in the Canadian will. The court will ensure the distribution of the estate is carried out according to the provisions of the will, regardless of its compliance with Sharia law.
5. Legal Assistance:
While the process can be done remotely, I highly recommend working with a lawyer who specializes in UAE inheritance cases to ensure everything is handled smoothly and in compliance with the law. As a lawyer experienced in these matters, I can:
Guide you through the document authentication process.
Represent you before the Foreign Inheritance Court.
Ensure that all the legal steps are taken remotely, so you do not need to travel to the UAE.
6. Next Steps:
Here’s a summary of the steps you should follow:
Notarize, Translate, and Authenticate your documents.
Consult with us to guide you through the process and ensure all the documents are correctly submitted to the Foreign Inheritance Court.
Execute the will remotely through the Foreign Inheritance Court, without needing to travel to the UAE.
We are ready to schedule a consultation to discuss the details further and assist you with every step of the process. Please let us know a convenient time, and I will arrange a meeting to ensure that all your concerns are addressed and your rights are fully protected.
If you have any further questions or concerns, please feel free to reach out. I am here to ensure the inheritance process is as smooth as possible for you and your family.
Best regards,
Omar Mosaad
Senior Legal Consultant
OS Legal
Dear questioner
It will be better to discuss in detail regarding the matter as there is a chance to apply the Canadian Will, however, there are complications as well, so it is advised that better to appoint a lawyer on your behalf.
Before you visit, prepare all documents in Arabic and attest the documents like the death certificate, marriage certificate, children's birth certificates, and property deed within the Canadian Foreign/ Global Affairs department, as well as the UAE embassy department; we can do the rest from here.
Kindly share your WhatsApp number to discuss in detail.
Dear Questioner,
Thank you for your inquiry. Based on your situation, here’s a breakdown of what you need to do regarding your husband’s inheritance under UAE law:
Initiating the Case: You can start the process once in Dubai, but preparing your documents in advance will speed up the procedure.
Lawyer Required? It's highly recommended for navigating the complexities of UAE inheritance laws, especially Sharia law.
Document Authentication: All foreign documents, including the Canadian will and related certificates, must be authenticated by the UAE Embassy in Canada and translated into Arabic before presenting them to the court.
Steps to Take:
Collect and authenticate documents.
Consult with us to file the case in the Dubai court.
The court will then distribute the estate according to Sharia law.
Please let me know if you need further assistance or clarification.
Best regards,
Mohammed Salah
Legal Consultant
Even though your husband was not a UAE resident, the inheritance of his property within the UAE will be governed by UAE Sharia law.
This means your Canadian will, which names you as the sole beneficiary, will likely be overridden. Sharia law dictates specific inheritance shares for heirs, including spouses and children.
The presence of minor children significantly impacts the inheritance process. Their rights and interests will be prioritized. You will need to file an inheritance case at the Dubai Courts. This involves:
Submitting the attested death certificate and other relevant documents. Obtaining a Certificate of Inheritance from the Sharia Court.
This document specifies the legal heirs and their respective shares according to Sharia law. You will need to present all of the family documentation at this point.
