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Al Adheed

Loss of the loved one is the most difficult thing someone can go through. Following the loss of a family member, especially one upon whom family relies for all kinds of needs and assistance, a sequence of documents begins. Following the loss of a family member, inheritance and other asset-related problems begin to surface.

In the United Arab Emirates, inheritance is governed by Federal Law No. 5 of 1985 and Federal Law No. 28 of 2005 (Personal Status Law), as modified (Personal Status Law). Muslim citizens' inheritance and succession issues are handled by Shariah Law, however non-muslim expats' inheritance issues are handled by their home country's law if the dead left a will.

If the deceased had requested that the law of his nation be applied, according to Article seventeen (1) of the Basic Law, the heritage will be resolved according to the legislation of the deceased's country, and yet Article 17 (5) of a Legal Code countries that real estate situated in the UAE would be managed to deal with by UAE Law only, and he must record the Will with the Government.

If the dead individual died without leaving a will, UAE laws will govern the division of that non-muslim expatriate's assets, and foreign law will apply if it is consistent with the country's public order and moral principles. In all issues involving rental properties, the law of the country (UAE laws) will apply.

To safeguard legal heirs from legal issues after death, one should prepare a will that distributes all assets proportionately among all family members.

If a person dies without a will, all of the deceased's assets are blocked by Article 379(4) of Federation Regulation Number Eighteen of 1993 Business Transaction Law until the deceased's obligations are not discharged and the court does not rule on succession and issues an inheritance order.

When a person is dead in the UAE, the Government issues a death certificate to formally certify his death. To begin paying legal responsibilities and resolving property concerns, the deceased's heirs must get the death-certificate confirmed by the appropriate Government agencies. The deceased's death certificate must be presented to the UAE-Shariah Courts. By law, the Shariah Court has the authority to assess any petition for an affidavit and to conduct any succession procedures for a Muslim or non-Muslim expat in the UAE.