The United Arab Emirates (UAE) is an Islamic state. Life is busy in the Middle East with the recent developments in the tech industry. It is a country where Muslims and non-Muslims feel safe. The legal system is robust, as it effectively protects the rights of UAE residents.
In light of the influx of expatriates in the UAE, the country’s laws are being strengthened through the implementation of strict policies. Many Muslim expats also rely on lawyers and reputable Dubai law firms to understand their rights.
Muslim Expats in the UAE
The Muslim expat in the UAE may relate to the country’s laws based on the Sharia principles. They may find the cultural differences because every Islamic state has a different lifestyle. However, the UAE residents want to maintain property and assets to create and transfer the generational wealth. In such matters, professional legal experts often guide Muslim families on asset protection.
Wills for Muslim Expats in Abu Dhabi
Wills play a vital role in securing the assets and properties in the UAE. The Muslim expats have a concern regarding their property and assets post-death. Therefore, the Abu Dhabi Judicial Department (ADJD) has created a lawful will-registration for Muslim expats. Many people consult Dubai lawyers before completing the will-registration process.
Inheritance Law for Muslims in the UAE
The UAE legal system ensures to prevail justice for everyone in the country. According to the Inheritance Law for Muslims in the UAE, the distribution of property is clearly mentioned.
Under the Federal Decree-Law No. 41 of 2022 on Civil Personal Status and Federal Law No. 28 of 2005 (Personal Status Law), property is distributed as per the Islamic principles and civil laws for inheritance. It allows families to settle on the amount of property according to their legal status in the UAE.
At this stage, many Muslim expats approach lawyers and established Dubai law firms to understand the allocation of assets under Sharia.
Types of Will Offered by ADJD to Muslim Expats
The Muslim expats have two options for will-registration in the UAE.
Will with Sharia Compliant
The will registration that complies with the Islamic laws will distribute assets and property as per the Islamic rules. It means heirs may get different portions of property, and may not be equal, but rightful as per the UAE legal system.
Restricted Will-Registration
The restricted will-registration may not be conflicted. It has guardianship for the minor children if the parents are deceased.
The ADJD oversees the legal requirements to enforce the will-registration efficiently.
Will Registration Process in Abu Dhabi
The process of will-registration in Abu Dhabi is simplified as the Muslim expats can choose the option for registration and follow the legal steps.
Legal Formalities
Expats have to ensure they have met all the legal formalities. This includes the information of the assets they have. All documents have to be translated into Arabic. These documents are verified through the online portal, or people can visit the registration centre, physically.
Official Approval
Once the registration has been processed online or through the Registration Centre, the information provided is verified by officials. The authority ensures legal requirements are fulfilled throughout the will-registration process. Moreover, the will-registration should not conflict with the UAE laws.
The approved will-registration is notified to the will-holder and stored in the ADJD system to keep it secure for the future.
How are Assets Maintained in the UAE?
The assets are treated differently in the UAE and outside the UAE.
Guardians for Minor Children
The guardianship plays a vital role in Muslim families, especially those living in the UAE. The Muslim inheritance law offers guardianship for minor children to keep their assets safe from being stolen at small age. The UAE judicial system ensures the protection of child rights, and so they prefer that parents can appoint a guardian for children in case they do not live for long. Having an appointed guardian will avoid disputes in the family, as it would be decided by the parents already.
ADJD Deals with Foreign Assets
The UAE expats have properties in different countries. Usually, investors come to the UAE for lucrative opportunities. The ADJD assists expats in securing their assets by registering wills and records of their foreign assets.
However, the distribution of assets will depend as per the country laws where the assets are maintained. The will-registration in the UAE could be a referenced document where the families and courts will see the clear intentions of the testators. In such cross-border matters, lawyers in Dubai role becomes essential for maintaining fairness and justice.
Distribution of Assets in Sharia
The Sharia law for inheritance is different from the civil laws of inheritance. Every family member gets their share in the property as per the Islamic laws for inheritance.
Allocation of Assets and Property
According to Sharia, the testators are not allowed to distribute their property freely. They will have to allocate the property to the non-heirs, too. It is one-third of their property. Such laws enforce charity and support for close friends or extended relatives.
Accuracy in Will Registration
The will-registration has to be verified to ensure the legal requirements and that the testator has distributed their wealth with clarity. There shall be no conflicting clauses in the will that may raise disputes among heirs and non-heirs. In fact, the passport numbers, full names, and identification documents shall be accurate with exact descriptions of the assets.
Nevertheless, the will shall be registered in Arabic with clarity of sentences.
Read Also: 5 Benefits of Hiring a Personal Injury Attorney
Should I Seek Legal Services for Will Registration in the UAE?
The ADJD has legal implications that may not be understood by the Muslim expats or other people. Therefore, hiring professional legal services would be great. Moreover, other aspects of legal requirements are also taken care of by the lawyers.
Understanding of the Sharia Laws
For the Muslim expats in the UAE, Sharia law might not be easy to understand. Some people might misinterpret the property distribution laws in the UAE. There could be a conflict after your death if the will has not been registered under the Sharia principle. Therefore, lawyers should be consulted while drafting a will.
Qualified Lawyers
You might have difficulty finding a good lawyer in the UAE, but your search must never stop. Always look for recommendations from your social circle. People have property and assets in the UAE, and they can tell you about a good lawyer to handle a property inheritance case.
Final Thoughts
Generational wealth in the UAE is maintained through inheritance laws for Muslims and non-Muslims. At ADJD, the Muslim expats have to follow the Islamic principles and federal laws for wealth distribution. It provides them with clarity over guardianship for minor children and assets maintained offshore. As a Muslim expat in the UAE, you must hire a prolific lawyer to create a smooth will-registration for you and your family.
