When to give inheritance money to your family according to UAE law? – Family and matrimonial
United Arab Emirates: When to give inheritance money to your family according to UAE law?
To print this article, simply register or connect to Mondaq.com.
The correct answer to this question is to make sure that you have a registered will so that your wishes are protected according to UAE inheritance law. This is the easiest way for an expat to ensure that their assets are treated according to their express intention in their country of residence in the United Arab Emirates.
In accordance with the latest changes to inheritance laws in the United Arab Emirates, it is now possible for expatriates to apply the law of their home country in matters of inheritance, including specifying the choice of law as part of their will. . In the event that none have been created or registered, the laws of the deceased nationality will apply. This should not be understood in a way that reduces the importance of having a registered will in place. In this article, we would like to guide you on the main reasons why it is important that you have a registered will in place while residing in the UAE.
Prior to these changes, in the absence of a registered “will”, courts in the United Arab Emirates applied the principles of Shariah succession in deciding inheritance issues. This has led to a potential conflict between the real intention of the deceased and the final division of property in accordance with Sharia principles. Now, with the new changes, these problems have been overcome to some extent. However, for various reasons, it is still essential that a legal complaint “be” created and registered in the UAE.
When a will is registered in the United Arab Emirates, it gives the testator peace of mind and ensures a smooth transaction as opposed to ambiguity. Without it, the following unwanted process may apply by default:
- Possibility of immediate freezing of bank accounts, whether it is a joint bank account or an individual bank account.
- Possibility of freezing investments made in the United Arab Emirates.
- Possibility of facing protracted and costly litigation if assets are disputed between family members.
Therefore, it is always advisable to have a will registered in the UAE, especially when you hold assets in the UAE. It is also advisable to note that when an expatriate owns real estate in the UAE, UAE law will always apply regardless of the national law of the expatriate, and therefore, it is strongly recommended to take this into account. consideration when drafting a will. The latest changes to UAE laws have brought a lot of clarity to conflict of law issues as they were previously experienced. This has been a very welcome change and provides peace of mind to the millions of expats living in the UAE, who can see the application of the laws of their home country as opposed to an automatic application of Sharia principles.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
POPULAR POSTS ON: UAE Family & Marriage