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| ISLAMIC LAW OF INHERITANCE & UAE SUCCESSION LAW |
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The interpretation of Inheritance Laws and how they are applied by UAE courts is a matter that concerns many expatriates.
The main questions are whether the inheritance laws of home country prevail over UAE Sharia Law - a system of Islamic Laws based on Quran in regard to inheritance,where distributions are as per fixed share ratios and whether UAE Laws are applicable to UAE nationals only ,or to all Muslim and Non- Muslim expatriates irrespective to nationalities and religion.
How are the UAE assets of Non-Muslim dealt with and can a Non- Muslim make a will under UAE Federal Law ?
The UAE law has long recognized notarized wills of non-Muslims. With respect to moveable assets situated in UAE a Non - Muslim individual can make a will, in accordance with testator’s home country law, but application of such will is at the full discretion of UAE Courts. In case where there is no Will in place at the time of death the Courts in UAE adhere to Sharia.
With respect to immoveable property owned by Non-Muslim in UAE there are some fundamental conflicting provisions of legislation – The Personal Affairs Law No. 28 of 2005 PSL (Personal Status Law) and Federal Law No. 5/ 1985 CTC (Civil Transaction Code ).
In the face of perceived uncertainty many Dubai expatriates are moving their assets (real estates, shares etr.) to overseas jurisdictions - Offshore Assets Protection.
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