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If an individual dies without a will in the United Arab Emirates (UAE), the distribution of their assets is typically governed by the local laws of inheritance, which are primarily based on Islamic Sharia principles. Here are some key points to consider if someone dies without a will in the UAE:
Application of Sharia Law:
In the absence of a will, Sharia law is applied to determine how the deceased person's estate is distributed among their heirs.
Heirship Determination:
Sharia law provides a specific order of priority for heirs, and the distribution of assets is based on this hierarchy. Common heirs include spouses, children, parents, and other close relatives.
Intestate Succession Rules:
The rules of intestate succession may vary depending on the family structure and the surviving relatives. For example, the distribution may differ if the deceased is survived by a spouse and children or only by children.
Applying for a Succession Certificate:
In order to initiate the legal process of distributing the deceased person's assets, the family or heirs may need to apply for a succession certificate from the relevant authorities.
Court Involvement:
The distribution of assets without a will often involves legal procedures and may require court involvement. The court will appoint a legal representative to oversee the distribution process.
Potential Delays:
The process of intestate succession can be time-consuming, and there may be delays in the distribution of assets. Legal procedures and court approvals may contribute to these delays.
Limited Customization:
Without a will, the deceased person's wishes regarding the distribution of specific assets or the appointment of guardians for minor children may not be taken into account. Intestate succession follows a standard formula based on familial relationships.
Potential for Family Disputes:
The lack of a clear will specifying the deceased person's intentions can sometimes lead to disputes among family members over the distribution of assets.
To conclude, it is advisable for individuals to create a will in order to avoid the uncertainties and potential complications associated with intestate succession. A will allows for customization, clarity in asset distribution, and the appointment of executors and guardians according to the individual's preferences. Seeking legal advice from professionals familiar with local laws and regulations is recommended to ensure that the will is valid and complies with relevant legal requirements.