A death in the family could be a traumatic experience for all the other family members. In the absence of a Will, the family is further burdened with huge expenses and difficulties to claim their ownership over the assets. The distribution of assets without the Will could be time-consuming and expensive in connection with the possible legalization or attestation of the relevant extracts of the home country’s law. A registered Will allows the courts to rapidly proceed as per the wishes of the deceased person. The accounts as well as the properties are frozen upon death and cannot be operated without an order of the Court. Writing a Will is important so that no challenges are faced by the family members with respect to each person’s assets.
Importance Of Will Under Sharia Law
The UAE is particularly stringent about Muslims adhering to Sharia Law, hence all of the Muslims' Wills are carried out by Sharia Law. In case of the absence of a Will, the UAE Courts will distribute moveable as well as immovable assets by Sharia Law.
According to Sharia Law, if the death takes place in the UAE and there is no Will, the assets and the bank accounts of the deceased will be frozen. In the event of a man's death with children and no Will in UAE, the preference will be given to the closest male relative who is a family member, and as a result, the mother will be unable to obtain normal custody of the children thus having a negative impact on the custody of the child. The real estate owned by the deceased shall be distributed as per the provisions of Shariah Law in case of the absence of a will.
Importance Of Will Federal Laws In The UAE
The provisions of the will in the UAE are dealt with under the Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (“Civil Code”), and Article 17 which allows non-Muslims to choose the law of their choice for registering their Will as well as to apply the laws of their home country.
In addition, Clause 1.3 of the Federal Law No. 28/2005 on Personal Status Code (‘’Personal Status Law’’) also allows expatriates to choose the law of their home country for the distribution of assets in the event of death. However, the said provision is subject to relevant Articles of the Civil Code.
Choosing Between NOTARY public Wills And DIFC Wills
The importance of Wills in the UAE has increased multi-fold as individuals having assets have realized the importance of protecting their families and guarding them against any future obstacles. So to make the process of registering the Will a bit simpler here are the two ways provided below.
a)Notary Public Wills – These Wills are signed before the Notary Public in the respective Emirates. This option is suitable for individuals having assets in UAE.
b)DIFC Wills – DIFC Courts Wills Service (formerly known as DIFC Wills Service Centre) has been set up specifically to cater to the requirements of non-Muslims owning assets in the United Arab Emirates. To avail of this service, the person must be (i) a non-Muslim; (ii) Over 21 years; (iii) the assets must be situated in the United Arab Emirates and/or outside.
For the safety and security of the future of your family, it is very important to have a Will registered so that they don’t have to face any other traumatic experiences and are provided with financial stability.
Single women who is pregnant outside of marriage in the United Arab Emirates need not any longer flee the country. The UAE has been turning itself conducive to global attention, investment, and tourist attraction, thanks to how well this nation works on bringing cultures together and understanding differences in view-points. The Middle-Eastern nation has liberalised their laws relating to questions...
Marriage is a blissful moment in any individual’s life and the situation of divorce is the anathema to it. It shatters the life of the couple, more so to the woman if she is dependent on her husband for her economic needs. It causes immense stress on the woman if she is an expatriate and the divorce happens on a foreign soil. In order to mitigate the misery that the woman is exposed to in the...
When a person dies intestate that is without a will, the assets owned by such person are passed on to their legal heirs after the Court has verified the legitimacy of ownership. In such a situation the Succession Certificate comes into view so as to give the holder of the death certificate the authority to take over the assets of the deceased person. As per the general rule, the succession matter...
- By, sankalpmirani
The Bombay High Court has granted divorce to a man on grounds of “mental cruelty” meted out by the woman to her husband, who is 36 years old. The court observed that the evidence suggests that the woman had inflicted mental pain and suffering on the man, so that it was impossible to live with him anymore. Furthermore, it was noted that the Family Courts had refused to grant him divorce...
If you are an Indian couple wishing to marry each other in the UAE, it is imperative to know the procedure involved therein and the eligibility factors. Marriage is seen as a legal contract between two a man and a woman, aimed at protecting the rights of the couple and their children, as per the UAE Law. Indian expats in the UAE does have the option of solemnizing/ registering their marriages at the...
Divorce has aided such people in these situations by allowing them to seek legal separation from their partner. The financially weaker partner is frequently compensated financially by the financially stronger party in order for them to maintain the same level of living following the separation. Why is alimony necessary? Marriage signifies the start of a relationship that society expects to last a...
- By, Vansh Tayal