Legacy in Limbo: The Consequences of Not Writing a Will in the UAE
AWS Legal Group
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What's Going On Here?
A will is a fundamental legal document where a person, known as the testator, specifies how their assets and wealth should be distributed after their death. Without a will, the process becomes complex and is dictated by inheritance laws. In the UAE, the absence of a will means that the distribution of assets is governed by either Sharia inheritance law for Muslims or civil law for non-Muslims. Sharia law generally applies to Muslims, while non-Muslims may follow their personal laws or those of their home country, ensuring the deceased's wishes and beliefs are respected.
Why It Matters
Without a will, your estate could be distributed in a way that doesn't align with your personal wishes or the needs of your loved ones. UAE law restricts a testator from bequeathing more than one-third of their assets through a will, ensuring certain heirs receive a mandatory share. If there is no will, Sharia law will strictly govern asset distribution, detailing specific shares for various relatives. This could lead to complications and disputes, particularly for expatriates who may prefer their home country's laws. Writing a will is essential to ensure your assets are allocated according to your preferences and to provide security for your family.
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The Bigger Perspective
The implications of not having a will extend beyond individual families. Societal stability and harmony can be affected when disputes arise over inheritance, leading to prolonged legal battles and strained relationships. For the UAE, a nation with a diverse expatriate population, clear and accessible inheritance laws help maintain order and respect for various cultural and religious practices. By encouraging residents to draft wills, the UAE can ensure smoother transitions of wealth and uphold the principles of fairness and justice. This also reinforces the importance of legal preparedness and the role of clear documentation in safeguarding personal and familial legacies across different legal systems.
The Bottom Line
For Muslims in the UAE, Sharia law dictates the distribution of assets, ensuring a balanced division among specific relatives according to Islamic principles. Non-Muslims have the flexibility to apply their personal laws or those of their home country, which is particularly important for expatriates. However, expats must remember that they can only purchase property in designated freehold areas. In conclusion, the absence of a will places your legacy in limbo, subject to rigid legal frameworks that might not reflect your true intentions. Therefore, writing a will is crucial to ensure your estate is managed according to your wishes and that your loved ones are adequately provided for.
Article by Dr. Ossama Hagam & Bashir Elamin
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