Monday, 15 October 2012

Law of Inheritance in UAE

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The basis for the law of inheritance in the UAE is according to the Sharia or Islamic law. If your father/mother/siblings/wife/children died while having assets in UAE you can claim them by getting a succession/heirship certificate from the authorities in your home country and from the Sharia court in UAE.

For example if your brother has died, his assets has to be distributed by the court among his legal heirs in accordance with the UAE Law No.28 of 2005, concerning Personal Status (Family Law). Article 1 of the law book states that
: 'The provisions of this Law shall apply to non-UAE nationals unless the foreigner elects to apply his or her personal status law'.

The basis for the law of inheritance in the UAE is found in Shariah. Keeping in view of this, you need to take the following legal actions to claim and settle the assets of your deceased brother.

Steps to claim/settle the personal belongings (assets owned by the deceased such as cash in the bank, property or car in this case) of the deceased:

  1. A case must be filed in the Shariah Court for the establishment of succession certificates. A relative (such as father, mother, brother, sister, wife, son or daughter) of the deceased should go to the Court along with two witnesses who know the entire family of the deceased and give evidence about the legal heirs of the deceased. In such a case, the Court will issue a judgment listing the legal heirs of the deceased and the respective percentage of his/her share in the estate of the deceased. It is pertinent to note that the Court will apply the law of the deceased if required and produced by the legal heirs for determining the respective percentage of his/her share in the estate of the deceased.
  2. Alternately, obtain a succession/heirship certificate abroad from the court in the country where he died (Pakistan in this case), duly attested, in order to determine the legal heirs of the deceased and the respective percentage of his/her share in the estate of the deceased. In such a case, the law of the deceased's country will be applicable.
  3. Guardianship certificate (if a legal heir is a minor, or  legally disqualified person) from the relevant court duly attested as mentioned below, mentioning the name of the guardian for the minor or legally disqualified legal heir.
  4. No-objection certificate or power of attorney must be obtained from the other legal heirs mentioned in the succession/heirship certificate if they cannot appear before the court.
  5. File a case in the Shariah Court for execution of succession certificates and distribution of the Estate of the Deceased. The court will distribute the assets of your deceased brother among the legal heirs.

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