The UAE offers a thriving environment for expatriates, however, when it comes to estate planning and wills, expats must understand the complexities of Sharia Law, which forms the foundation of the UAE’s legal system. In this blog, we will guide you through the essentials of Sharia Law and wills in the UAE.

1. Sharia Law and Its Impact on Wills

Sharia Law governs matters of inheritance in the UAE. However, expatriates in the UAE are not obligated to follow Sharia for their inheritance, provided they have a valid will in place. Without a will, Sharia Law may still be applied, which might result in the distribution of assets contrary to an expat’s wishes.

Key Points:

• No Automatic Inheritance to Spouse: Under Sharia Law, assets are divided among multiple family members, and the surviving spouse may receive only a portion of the estate.

• Children’s Inheritance: Sons may receive a larger share than daughters under Sharia Law. Without a will, expat parents might not be able to decide how their assets are distributed among their children.

• Guardianship of Minor Children: If both parents pass away, guardianship decisions may be made by the court under Sharia Law, which may not align with the parents’ wishes if a guardian isn’t specified in a will.

2. The Importance of Having a Will in the UAE

For expatriates in the UAE, having a legally recognized will is crucial to ensure that your assets, including real estate, bank accounts, digital assets, company shares and investments, are distributed according to your wishes. A will also allows you to appoint a guardian for your minor children, preventing the courts from making this decision on your behalf.

Advantages:

• Control Over Asset Distribution: You decide who inherits your property, savings, and other valuable assets, ensuring your loved ones are provided for.

• Appointment of Guardians: By naming a guardian in your will, you ensure your children are cared for by someone you trust.

• Minimize Legal Complications: A legally drafted will helps prevent disputes among beneficiaries and simplifies the probate process.

• Avoiding Delays: Having a will speeds up the distribution process and avoids lengthy court procedures that can arise if your estate falls under Sharia Law without a will.

3. How to Set Up a Will in the UAE as an Expat

Setting up a will in the UAE involves a straightforward process when done with professional assistance. Here's how you can go about it:

Step 1: Determine Your Assets and Beneficiaries

• Decide how you want your assets distributed and who your beneficiaries will be. Consider also naming a guardian if you have minor children.

Step 2: Choose the Appropriate Jurisdiction

• Dubai International Financial Centre (DIFC): This jurisdiction offers wills for non-Muslim expatriates and follows common law principles, allowing you to bypass Sharia Law. 

• Abu Dhabi Judicial Department (ADJD): This jurisdiction allows both muslim and non-Muslim expats to register their wills and ensure that their assets are managed according to their wishes.

Step 3: Draft Your Will with Professional Guidance

• To ensure your will is legally binding and valid, it’s advisable to seek assistance from a law firm or lawyer familiar with UAE laws. This minimizes errors and ensures that all your wishes are clearly articulated.

• Working with a professional also ensures that your will complies with local regulations and that it’s properly registered with the relevant authorities.

4. What Happens Without a Will?

If an expat passes away without a will in the UAE, their estate may automatically fall under Sharia Law, even if they are non-Muslim. This could lead to unexpected outcomes, such as:

• The division of assets in a manner that may not align with the deceased’s wishes.

• Lengthy legal proceedings that delay the distribution of assets.

• Guardianship of minor children being determined by the court, potentially disregarding the deceased’s preferences.

5. Why Choose Firm Advice for Your Will Drafting?

At Firm Advice, we understand the importance of a legally binding will and the peace of mind it brings. We offer personalized and professional services tailored to your needs as an expatriate or resident in the UAE. Here’s why you should choose us:

• Expertise in UAE Law: Our legal consultants have extensive experience drafting wills that comply with UAE laws, ensuring your estate is protected.

• Personalized Consultations: We take the time to understand your unique situation and provide customized solutions to meet your needs.

• Cost-Effective Solutions: We offer competitive pricing, making it affordable to secure a legally binding will that protects your assets and loved ones.

• Comprehensive Service: From drafting to registration, we handle every step, ensuring your will is legally valid and enforceable in the UAE.

To conclude, understanding Sharia Law and its implications for wills in the UAE is crucial for expatriates. At Firm Advice, we take the complexity out of estate planning, allowing you to confidently secure your family’s future. Contact us to learn how we can assist you in drafting a will that gives you and your loved ones peace of mind.