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In the UAE, Sharia principles govern various aspects of life, including inheritance procedures, across most of its territory. In early 2023, amendments were introduced to the legislation, significantly altering the distribution of assets among heirs. However, the procedure itself remains complex and costly, resulting in prolonged waiting times and significant expenses when inheriting. Simplifying, expediting, and reducing the costs of the entire process can be achieved by drafting a will specifying the individuals entitled to inherit.

Procedure for Inheritance in the UAE

The religious affiliation of the deceased and their heirs holds paramount importance in determining the rules and procedures for inheriting property in the UAE.

As a Muslim country, the United Arab Emirates' legal framework is based on Sharia principles. Consequently, many commonplace and mundane matters are regulated quite differently, which may come as a surprise to individuals from European countries.

For instance, unlike in Russia, when a Muslim passes away, their property is distributed disproportionately, with males receiving more than females.

Until recently, in the absence of a will, such unfair distribution according to Sharia norms applied even to non-residents who did not adhere to Islam.

This situation underwent a radical change with the adoption of new rules in 2023. Today, in the absence of a will, a foreigner's assets are divided equally between spouses and children, regardless of their gender. However, the inheritance process itself remains unchanged; heirs must hire a lawyer and apply to the court, which will then distribute the assets at its discretion. This process is costly and time-consuming. Therefore, if one owns property, especially real estate, serious consideration should be given to drafting a will.

A properly drafted will ensures that upon death, all assets are inherited by the chosen heirs in the specified proportions without significant problems or difficulties.

How to Draft an Inheritance Will Correctly

Anyone can draft a will in Dubai or any other emirate of the UAE, regardless of their residency status or citizenship. However, to ensure that inheritance occurs according to the deceased's expressed will, it is crucial to draft the document correctly and in accordance with legal requirements.

Documents for receiving inheritance in the UAE

Algorithm for Drafting a Will in Dubai:

  1. Drafting the Will: Write the text of the will, taking into account all legal requirements. Regardless of the assets included in the estate, whether it's real estate, a car, or a bank account, it's important to detail to whom and how each asset should be transferred after death.
  2. Translation into Arabic: Translate the text of the will into Arabic (a bilingual will in Arabic and English is allowed).
  3. Legalization of the Will: Legalize the will at the consulate of the country of which the testator is a citizen.
  4. Government Registration: Register the will with the Dubai International Financial Centre Wills Service Center (DIFC) or with the courts of Dubai.

It's important to remember that the document retains its legal force indefinitely, but it will be invalidated if the testator decides to convert to Islam in the future.

List of Documents Required for Inheritance in the UAE:

In the event of a person's death who has left a will, the following documents are required to obtain inheritance in the UAE:

  • A correctly drafted and notarized will.
  • Death certificate of the testator.
  • Documents confirming the family relationship between the heir and the testator.
  • Passport of the heir.

Depending on the specific situation, the list of documents required for inheritance may vary.

How to Legalize Documents for Inheritance in the Emirates:

If a will is drawn up in Russia, not in Dubai or another emirate of the UAE, to give legal force to the document, it needs to be legalized. In general, this procedure looks as follows:

  • Make a notarized copy of the document, translate the document into Arabic, and notarize the translation.
  • Obtain a stamp from the consular department of the Russian Ministry of Foreign Affairs, and then from the UAE Embassy in Moscow.
  • Complete the legalization process in the UAE.
  • Submit the document for verification to the authorized body in the UAE.

The algorithm of actions is approximate and may vary depending on the conditions and specifics of the individual case.

Given the presence of valuable assets, particularly real estate, it is advisable not to neglect the drafting of a will, as only this document can guarantee the transfer of inheritance to chosen heirs.

To avoid mistakes and draft a will correctly, seek consultation from our Make Fortune Experts.