Will is Necessary for Non-Muslims

As ex-pats, you should understand the Inheritance and Wills, recent legal developments in the UAE have made it easier for ex-pats to follow the laws of their home country.

What has changed in the Law relating to Inheritance?

The new revisions relating to the Inheritance and Will now allow ex-pats and foreigners with real estate investments in the UAE to specify in their Wills which legislation they want to apply to transfer their UAE assets.??Article 17(3) of the Civil Code Law states?that the State law of the deceased determines how a person's property is distributed among his or her family members. An individual's Inheritance will be given according to their state's law at the time of death, regardless of religion. In the case of a written Will, it will be carried out according to the provisions outlined in the Will. In addition, if there is no Will or the appropriate legislation is not stated in the Will, the deceased's state laws will apply.

The situation where the Real-estate situated in UAE and Individual dies without making Will

According to?Article 17(5) of the Civil Code Law, if a person purchased a property in the UAE and dies intestate (without making a will), the property will be subject to Sharia law. In other words, the changes to the Civil Code do not apply to real estate. The absence of a registered Will in the UAE means that the deceased's real estate will be divided according to Sharia guidelines.

It is strongly advised that you must have a registered Will in the UAE to protect your possessions or assets situated in the UAE. Here are a few of the reasons behind this:

1.???? Guardians of minors

If you have minor children under 21 years of age, you must choose legal guardians for them through a registered Will. It enables you to protect your minor children. In the husband's death, the wife does not automatically become the legal guardian of minor children.?It also ensures that your children are cared for by someone you trust.

2.???? Real estate distribution

The amendment addressing the option of home country law for distribution after death does not apply to real estate. In such a situation, your assets will be distributed as per Sharia Law under?Article 17(5) of the Civil Code.? Real estate may only be distributed to a beneficiary of your choice if you have a Will in place that names the beneficiary.

3.???? Option of naming beneficiaries

If a member of your close family dies before you, a Will permits you to name substitute beneficiaries to transfer your assets. You may make sure that only the individuals you name in your Will receive your assets.

4.???? Will helps to carry out the deceased intentions

The family will face additional costs and difficulty claiming ownership of the assets without Will. Proving the home country's legislation provisions might take time and money, especially if the relevant extracts of the home country's Law need to be legalized or certified. A registered Will helps the courts to carry out the deceased person's intentions promptly.

5.???? Give you inner satisfaction

Writing a Will gives expats satisfaction by ensuring that their ultimate desires are carried out according to their preferences rather than those of a foreign court. A Will allows you to express your desires regarding your assets in detail. Because finances and assets are frozen upon death and cannot be accessed without a court order, drafting a Will can offer you comfort that your family members will not have any difficulties in determining each person's portion.

If you are a non-Muslim residing in the United Arab Emirates, make sure you write and register your Will as soon as possible to avoid any future complications.