Why non-Muslim expats must Make a Will in UAE?

UAE courts adhere to Sharia law in respect of the distribution of assets of a non-muslim UAE expat where he or she dies without a Will in place. The UAE law allows the non-Muslims to choose the laws of his or her home country to apply to their inheritance. This can be done through a clearly drafted Will.

Please see a scenario of wealth distribution where death of husband happened with AED1 million left for distribution.

Bank accounts both single and jointly holded are frozen when the one of the account-holder dies. Leaving a will make it easier for families to handle the assets of the deceased.

Having a will for non-Muslim expatriates is important as there is no right of survivorship in the UAE. This means assets are not automatically passed on to the surviving joint-owner upon the death of the other unlike in many countries. When a non-Muslim expatriate dies, in the absence of a will, the courts will automatically apply Sharia to distribute assets.

If there is a will, inheritance will be governed by the person’s national law under the Civil Transactions Law of the UAE. Note that whether a will is present or not, fixed or immovable assets such as property in the UAE are still subject to Sharia.

In short, having a "Will in UAE" could make the process of transfer of ownership of both movable and immovable assets including ownership of minor Children easy and transparent in case of death of a Non Muslim resident.

Not having a will can bring in more complexity at the time of asset transfer in the event of death of a Non Muslim UAE Resident.

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Cheers,

Sreekanth

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Source - Gulf news / Various Licensed Will Writing Firms in UAE