Make a will to avoid family disputes, UAE expats urged

A majority of non-Muslims in the UAE are unaware that their assets will be distributed according to the Sharia law after their death, according to a new report by the monthly 999 Magazine.

Over the last few years, this has led to an increasing number of disputes between the heirs of the deceased, the special report states.

As Emirates 24|7 reported earlier this month, a properly recorded and duly registered will is a very important document in asset-allocation of a deceased non-Muslim. Read: Property inheritance in UAE: Will a will help?

This issue is particularly important for those who have no sons in the family (only daughters) or no children. In this case, parents, brothers and sisters of  the deceased will get a big share of the assets, maintains the 999 report.

Legal experts confirm that a will should top the priorities of non-Muslims in the UAE to ensure that their assets are distributed to their chosen family and friends. A properly executed will can ensure that families are fully protected against every eventuality.

Unfortunately, based on the estimates of industry experts contacted by 999, only about 10-20 per cent of expat residents here have made legal provisions for asset distribution.

Expats in the UAE often forget that life is uncertain and that a will need not be made only when one is on the deathbed. When distributing assets, factors to be taken into consideration are: the civil status of the deceased; his surviving heirs; children from previous marriage; legitimacy of the children; his domicile at the time of his death; the nature of his assets and other citizenship, if any. The courts will also check if the will complies with formal requirements, such as the number of witnesses, notarisation, attestation, etc.

Lt. Colonel Awadh Saleh Al Kindi, Editor-in-Chief of 999, said: “There’s a need for residents to be aware of the inheritance rules in the country. This is important to preserve peace and harmony within the family, which forms the basic unit of our society. In the September issue of 999 we endeavored to explain the intricacies of the law in the hope that more people will be enlightened and protected. That way, we can ensure that the UAE continues to be a great place to live for everyone.”

Lawyer Michael Barney Almazar, director in the commercial department of Gulf Law, said: “I would say the majority are not fully aware or they only have a general idea of the inheritance rules here. This is a real concern as each circumstance is different and certain rules may not apply given their national law, especially on tax implications in their country of citizenship.”

The 999 English Magazine is a part of the strategic plan of the Ministry of Interior to provide media coverage for the activities and efforts of the Ministry and Abu Dhabi Police. It also aims to encourage the public to contribute to the reduction of crime and enhancement of safety in the UAE.

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