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Know what the law says about people who die intestate.
Q: I have been working for a company in Dubai for the past 35 years. I have some real estate and investments in my hometown in India, and I have drafted a will for distribution when I die. In Dubai, I have some investments, a car, and of course my tips. I have no debts. If I die, will these be automatically transferred to my wife? I am a Muslim. Do I need to make a will? Please advise.
Reply: Based on your inquiry, we assume that you have registered your property and investment will in India in accordance with the current personal laws applicable to Muslims in that country. In addition, in the UAE, the provisions of Federal Law No. 28 of 2005 (“UAE Personal Status Law”) on personal status apply to inheritance and grant of wills.
If a Muslim individual dies in the UAE intestate (without granting a will to anyone), the legal successor of the deceased will be determined by the personal status court in accordance with the principles of Sharia law. This is in line with Article 313 of the UAE’s Personal Status Law, which states: “Inheritance is the transfer of property and financial rights to those who deserve it after the death of its owner.”
Article 321 of the UAE’s Personal Status Law stipulates who shall be the legal heir of an individual who has died intestate. It is written like this:
“1. Compulsory inheritance: It is a fixed share of the inheritance heirs.
2. The fixed share is: one-half, one-quarter, one-eighth, two-thirds, one-third, one-sixth, and one-third of the balance.
3. Compulsory heirs are: both parents, spouse, grandfather or elders of the same race, grandmothers who are not related to the deceased, daughters, daughters of sons or their descendants, absolute sisters, and brothers of the same origin. “
Articles 322 to 328 of the UAE Personal Status Law mentions the degree of inheritance under Sharia law. According to the above-mentioned legal provisions, if you die intestate, you can use the services of a UAE legal adviser to confirm who will become your legal heir after your death.
In addition, a Muslim in the UAE can grant a will to anyone he or she may care about, provided that he or she obtains the written consent of other legal heirs. This is in line with Article 250 of the UAE’s Personal Status Law, which states: “Unless approved by all other principal heirs, no will can be made against the heirs; it can then be executed on the share of those who agree.”
Please also read:
>> Dubai courts resolve disputes between property heirs
>> To escort your loved ones: where there is “will”, there is a way
According to the above legal provisions, you can obtain written consent from your other legal heirs (if any), and then you can grant your wife a will for your estate in the UAE.
You can seek further advice on this matter from legal counsel in the UAE and the Personal Status Court in Dubai.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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