Many residents are unaware of the rules governing wills, so here Know the Law lawyer Yousef Al Bahar, of Al Bahar and Associates, attempts to shed some light on what is often perceived as a complex but important issue for people to deal with.
First, it should be noted that if an expatriate does not have a will that is attested by their country’s embassy, their estate will be dealt with under Sharia law. This means that even assets shared between a husband and wife will be frozen until the inheritance is sorted out. And it also means that if there are no sons in the family, the parents, brothers and sisters of the deceased get a bigger share. As Sharia differs depending on which family member has died, it can be difficult to understand. So, for an inheritance to be governed by the law of the country an expatriate is from, it’s important to have a will written. The personal status law No 28 for 2005 gives expatriates the right to choose the law that they want to be used. In Dubai, there is also a will dispute settlement authority at Dubai International Financial Centre. The authority has a will register for non-Muslims, which is the first legal system in the English language in the Middle East that allows non-Muslims to register private wills. They can register the will and use the law of their choice as long as it does not contradict the social fundamentals of Islamic society.
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