INHERITANCE MATTERS

Inheritance is not a straight forward subject in Dubai and many property owners still remain unaware of the rules and regulations involved. For non-Muslims in particular, it can cause financial and emotional difficulties for families as well as disputes and even legal cases regarding succession issues and rights to ownership. In the unfortunate event of someone close to you passing away, this is the last thing you will wish to be involved with.

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What we can do for you…

  • Provide a detailed review of your particular circumstances, discuss the options available to you and draft a comprehensive and realistic plan of action

  • Provide advice on the rules governing succession or inheritance rights under the Islamic Sharia Law, Inheritance Law, Wills and/or any other Laws, Rules of Law, Codes, Public Orders, customs or practices applicable in Dubai

  • Make initial enquiries, apply for and open the succession case at the Dubai Courts

  • Advice on the required documentation; including  assistance with the attestations and translations of Power of Attorneys, birth certificates, marriage certificates, death certificates, grant of probates, wills, testaments etc

  • Submit all required documentation and correspondence as part of your case

  • Full Power of Attorney representation at the legal and/or judicial proceedings, hearings, pleadings, court cases, judgments, inquiries, contests, indictments, appeals, trials and/or tribunals with regards to your property interests

  • Complete all paperwork and represent your interests with the Developer/Dubai Land Department/Dubai Courts

  • Regular follow ups and updates on the status of your case until the final decision is made/court order received

  • Execute, enforce and/or carry out any decisions, judgments, court orders or rulings made by the Dubai Courts

At Your POA, we are legally qualified and experienced in representing clients for inheritance, probate and successions matters in Dubai. We can represent any successors as Power of Attorney at the Dubai Courts as well as applying for and executing any decisions, judgements or court orders. Our aim is to to simplify these issues for you at the same time as protecting your property assets.

Safeguarding Your
Assets

Your POA will handle all of the complicated and often misunderstood inheritance matters in Dubai to remove the legal uncertainly and ambiguity found in the old UAE laws and Sharia law principles.

Safeguarding Your Property Assets

On the most part, Dubai property owners are not familiar with the rules and regulations surrounding inheritance matters or wills.  This area is something that most people do not like to think about (for obvious reasons) but ironically it is something that is very important to consider.

Generally speaking, when a Muslim individual passes away, their assets are dealt with according to Sharia law.  This is often not an issue for most Muslims as they are happy to follow the principles set out in the Holy Quran.  The general rule is that the assets/property will pass to the male heirs first in a preferred order followed by the female heirs (again in a particular order).  The area is quite complicated and gets further confusing (certainly to non-Muslims) with this being divided by fractions/shares.

For non-Muslims however, this can become very difficult as when there is no will in place at the time of a death, the Dubai Courts decide how the assets are to be distributed.  For these reasons, many properties owners are now choosing to transfer some or all of the Title to their spouse or children as a Gift in order to prevent any future issues surrounding succession rights.  They Gift their property rights to a chosen relative rather than leaving it for the courts to decide.

Others instead register a Will outlining how their assets are to be distributed in the unfortunate instance of their death.  In this legal document, they will expressly name the beneficiaries (normally family members) for some or all of their property rights.  There have been some recent important changes involving Wills and succession matters in Dubai with the introduction of the DIFC Wills & Probate Registry.

DIFC Wills and Probate Registry

In May 2015, the Dubai International Financial Centre introduced their much anticipated Wills and Probate Registry.  It was a ground breaking move in that it creates a new set of rules and regulations for non-Muslims with assets in Dubai.

Non-Muslims can now register a Will under internationally recognised principles of Common Law rather than following UAE laws and/or Sharia law.  A non-Muslim can therefore legally decide how their assets are to be distributed if he/she passes away – complete testimony freedom as they see fit.  The only requirements are that you are non-Muslim, over 21 years of age and have assets in Dubai.  Significantly, the service is also available to non-residents, which will be welcomed by many of our clients at Your POA.

The Registry works within the DIFC Courts and so it will be enforceable in Dubai without the need to apply through the Dubai Courts.  It is also expected to follow suit at the Dubai Land Department.  Therefore, if an individual prepares a Will in DIFC, this will be registered with the Dubai Land Department as well.

The process is a relatively new one and is still in its early stages.  The benefits, however, are clear to see.  It will create certain precedents for future inheritance cases again meaning more clarity and legal certainly as well as making it a much easier and more familiar process.  It simplifies the legal framework surrounding inheritance matters in Dubai and is an important step in the right direction.