Sweeping legal reforms introduced in the UAE have paved the way for expatriates to draw up wills based on laws in their home countries.
The key changes to inheritance rules — brought into force in September 2020 — were part of wider changes to personal status laws aimed at encouraging more people to lay down roots in the Emirates and to bolster foreign investment.
Previously, assets would be automatically divided under Islamic law, or Sharia.
A Dubai court set up to examine inheritance disputes involving both Muslims and non-Muslims was established in September and has already dealt with 16 cases involving assets of close to Dh1 billion.
Judge Mohammed Al Shamsi, who is president of the court, urged people to seek legal advice before drafting wills and to make sure their intent is clear to avoid problems arising down the line.
“The clearer a will is, the faster and less complicated its implementation will be,” he said.
Verdicts by this court are issued by a panel made up of a judge from the court of first instance, another from the appeals court and a third from the court of cessation.
As all three levels of the emirate's judiciary system are represented, verdicts are considered final when passed.
This is in line with, for example, criminal rulings which must be approved by all three of the above courts before they are binding.
“This is to ensure all inheritance cases and cases that relate to them or may arise from them go through the three levels of courts before one judiciary body in a time frame that we hope will not exceed a maximum of one year,” Mr Al Shamsi said.
During an interview with The National, Mr Al Shamsi answered the most pressing questions the court receives about its powers and execution of the law.
Can non-Muslims use the laws of their home countries when executing a will?
They can do so and can actually request to implement any law of any country based on article 17 of the civil law. The law has been modified by Federal Decree-Law number 30 of the year 2020 which came into effect on September 30, 2020.
However, they need to submit justifications for their choice of the law and a legal translation of its last updated version.
If beneficiaries request different laws to be implemented, we call this ‘clash of laws’ and we request applicants to each provide the updated law and the legal base for their requests.
If the will didn’t mention which law to be implemented, we implement the UAE’s law.
What forms of wills are recognised by UAE law?
There are two types, one that dedicates a portion of the inheritance to a person, but does not name other heirs. In this case beneficiaries must issue an inventory which can be requested online and issued in one day.
An example of this is when a man leaves 20 per cent of his cash to his wife or assigns the management of his company to one son but doesn’t mention the rest of his assets or other beneficiaries.
Another type is one that details all assets, beneficiaries and their shares and this doesn't require an inventory certificate.
Both types can be processed rapidly if beneficiaries are in agreement to their content.
In case a will was verbal and was denied by any of the beneficiaries, they will need to lodge a case.
Where can wills be registered?
At DIFC Courts and Dubai Courts’ notary public.
Does the court recognise wills issued from other countries?
Wills issued from outside the country will be recognised by our court but must be translated into Arabic, attested and notarised by relevant authorities in the UAE.
When will a foreign law not be implemented?
If the inheritance includes real estate units inside the UAE, in this case UAE’s law will be implemented, and if the foreign law allows for the implementation of an article in the will that violates the UAE’s principles.
Why do some cases take a long time?
While opening a case file takes only two days, the actual period of legal proceedings can take much longer due to many factors such as the number of beneficiaries.
In all the cases we are looking into there are more than 12 or 14 members.
Another factor is corresponding with establishments such as the deceased’s employer, if any, land departments, banks, public departments in the emirate and the country. This is done to inquire about the deceased’s assets, entitlements and debts.
Also, cases involving wills that are not clear or lack legal elements take longer.
I advise residents to seek help from inheritance lawyers to make sure their wills are accurate and clear, which will help implement them faster.
How can procedures be expedited?
Dubai Inheritance Court allows heirs to personally contact involved departments after providing them with a permit and copies of all official correspondence.
We also make sure to re-contact these departments or assign one of the court’s representatives to visit them and speed up procedures.
Does the court freeze bank accounts following an inheritance dispute?
Freezing bank accounts that are part of a disputed inheritance is not an automatic action by the court and it requires beneficiaries to submit a request.
It is an online application that is processed rapidly.
Another important detail people need to know is that residential units — whether houses, buildings or land plots — inside the UAE that are part of an inheritance dispute are not the jurisdiction of our court.
These are under the jurisdiction of the land department.
How do you look at assets that exist outside the UAE but are part of inheritance disputes here?
Assets of deceased Dubai residents outside of the UAE that are part of their wills are under the laws of the country in which they exist.
The Dubai court's role, in this case, is to only prove the beneficiaries’ rights in these assets. Dividing them between beneficiaries happens through that country’s courts and based on their laws.
Accepting and acknowledging the Dubai court's decision in this regard is subject to the laws in these countries and if there are any judicial treaties between the two countries.
Since your verdicts are final, what can a person do if they are not happy with the verdict?
They can either submit a plea requesting judges to reconsider their verdict and they need to explain why, or submit a request to the technical office at the court citing an error in the judgment.
UAE legal reforms — in pictures
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Treaty of Friendship between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates
The United kingdom of Great Britain and Northern Ireland and the United Arab Emirates; Considering that the United Arab Emirates has assumed full responsibility as a sovereign and independent State; Determined that the long-standing and traditional relations of close friendship and cooperation between their peoples shall continue; Desiring to give expression to this intention in the form of a Treaty Friendship; Have agreed as follows:
ARTICLE 1 The relations between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates shall be governed by a spirit of close friendship. In recognition of this, the Contracting Parties, conscious of their common interest in the peace and stability of the region, shall: (a) consult together on matters of mutual concern in time of need; (b) settle all their disputes by peaceful means in conformity with the provisions of the Charter of the United Nations.
ARTICLE 2 The Contracting Parties shall encourage education, scientific and cultural cooperation between the two States in accordance with arrangements to be agreed. Such arrangements shall cover among other things: (a) the promotion of mutual understanding of their respective cultures, civilisations and languages, the promotion of contacts among professional bodies, universities and cultural institutions; (c) the encouragement of technical, scientific and cultural exchanges.
ARTICLE 3 The Contracting Parties shall maintain the close relationship already existing between them in the field of trade and commerce. Representatives of the Contracting Parties shall meet from time to time to consider means by which such relations can be further developed and strengthened, including the possibility of concluding treaties or agreements on matters of mutual concern.
ARTICLE 4 This Treaty shall enter into force on today’s date and shall remain in force for a period of ten years. Unless twelve months before the expiry of the said period of ten years either Contracting Party shall have given notice to the other of its intention to terminate the Treaty, this Treaty shall remain in force thereafter until the expiry of twelve months from the date on which notice of such intention is given.
IN WITNESS WHEREOF the undersigned have signed this Treaty.
DONE in duplicate at Dubai the second day of December 1971AD, corresponding to the fifteenth day of Shawwal 1391H, in the English and Arabic languages, both texts being equally authoritative.
Signed
Geoffrey Arthur Sheikh Zayed
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Indians residing overseas cannot cast their ballot abroad
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Residence Programme offers residence to applicants and their families through economic contributions. The applicant must agree to pay an annual lump sum in tax.
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Start-Up Visa Programme allows foreign entrepreneurs the opportunity to create a business in Canada and apply for permanent residence.
