In an effort to embrace diversity and progressivism, the government of the United Arab Emirates has recently instituted a number of innovative changes to Islamic personal law. Recently enacted changes allow foreign nationals to rely on the laws of their native country in matters of inheritance; but, if a will is present, the terms of the will take precedence.

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This is a major change from previous legislation that mandated Islamic sharia law be followed in the event of an intestate death. However, under the proposed amendments, the deceased’s personal law will apply in some circumstances.

Legislative Decree on “Personal Status for Non-Muslims:

The criteria of the newly released Legislative Decree on “Personal Status for Non-Muslims in the Emirate of Abu Dhabi” also apply to non-Muslim foreigners who have their domicile, place of residence, or place of employment in Abu Dhabi. Non-Muslim foreigners who have their domicile, place of residence, or place of employment in the emirate of Abu Dhabi shall be subject to the provisions of the newly released decree-law on “Personal status for non-Muslims in the emirate of Abu Dhabi.”

What’s different about the way Shariah handles inheritance now?

Inheritance issues are resolved according to Sharia law for Muslims. For non-Muslims, a written Will can override the legislation of the deceased’s nation. Inheritance issues for a non-native Muslim may be governed by the law of their home country, as stated in Article 17 (1) of the UAE Civil Code.

U.A.E. law “must apply to Wills signed by foreigners disposing of their real property situated in the state,” as stated in Article 17(5), if the estate in question is located in the UAE. One possible exception is freehold property, which can be left to heirs under a non-Muslim expat’s Will in Dubai at the present time.

In addition, under Article 1(2) of the Law of Personal Status, a non-Muslim foreigner with assets in the UAE may use a Will drafted in accordance with the laws of their home country rather than Sharia-based rules to regulate succession to their UAE estate.

It is important for an expat to have their Will translated into Arabic and notarized in the UAE since the Will must be proven in a formal legal way before the Inheritance Court. This regulation does not apply to any property not owned by a UAE resident. In accordance with laws in the United Arab Emirates, these assets will be divided and administered.

Distribution of an Abu Dhabi Expat’s Inheritance

In accordance with the provisions of the Personal Law, a Will is a statement completed by the foreigner outlining his intentions about the distribution of his assets or a portion thereof upon his death. Spouses can plan for the eventuality of one partner’s death by completing the Form of Registration of Non-Muslim Wills simultaneously with the signing of the marriage contract.

Inheritance distribution for expats is addressed under Article 11 of Law No. (14) Of 2021 Concerning the Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi. It says in part:

Expats’ Right to Make a Will:

A foreign testator in the UAE has the same freedom to leave their whole estate to whoever they choose in a Will as any other citizen of the United Arab Emirates.

What Happens If There Is No Last Will and Testament for the Overseas Testator?

In the absence of a Will, the spouse receives half of the estate, and the children, regardless of gender, share the other half equally.

No Children of the Foreign Testator:

If there are no surviving children, the deceased’s parents will each get one-half of the remaining estate. If none of those people can be found, then it will be divided equally between the deceased person’s brothers and sisters (whether male or female).

Hiring attorneys that specialise in inheritance law and estate administration is a good idea in such situations. It is also important for foreigners to get early legal advice when creating a will to ensure that it is valid and complies with UAE law and that the appropriate law is selected.

If you need legal advice on the will or anything related, don’t hesitate to get in touch with Sara Advocates and Legal Consultants Lawyers. Our attorney have a vast experience in dealing with cases related to will for both Muslims and Non-Muslims in UAE. Visit our office or call at our number to get the advantageous legal advice.