According to Sharia law, the property of the deceased will pass to the lawful heirs and descendants of the deceased, who have the right to claim the estate. If the aforementioned non-Muslim, the property will be divided according to the community’s laws that they are a part of. The property will pass according to the provisions laid out under the same beneficiaries as those listed in the will, if the aforementioned non-Muslims have left a will at all.
The property devolution in the case of a deceased Muslim only occurs in accordance with the Sharia Law’s tenets. According to these principles, the identity of the deceased’s heirs must be established, and two male witnesses must attest to this identity. The heirs must also present proof in the form of official documents like birth certificates, marriage certificates, and others. Sharia law dictates that the following people are entitled to inherit the deceased’s estate:
- Grandparents who have children
Federal Law No. 5 of 1985, which dealt with the creation of the UAE Civil Transactions Law (also known as the “Civil Code”), and Federal Law No. 28 of 2005, which dealt with the UAE Personal Status Law (also known as the “Personal Status Law”), serve as the local courts’ guidelines for the distribution of assets in the event of an expatriate’s demise without a will, but only in cases where it is not against public policy. In specific circumstances, it is possible that the Courts will apply Shariah law principles to the inheritance of a non-Muslim, in which case mandatory rules of distribution between particular members of the deceased’s family will apply.
Practically speaking, there are limitations on who can access the decedent’s assets. Without the local Court’s approval, assets cannot be transferred or handled in any other way. In some cases, this can result in delays and financial difficulties at a crucial moment. Many expats neglect to take the necessary precautions to safeguard their loved ones and their property. People neglect to think about what would happen to their young children, UAE bank accounts, freehold residences, or shares in this country even while their investments are offshore in foreign countries.
Custody, as defined in Article 142 of the Personal Status Law, is the responsibility for the child’s upkeep and care, typically given to the child’s mother and done without infringing on the guardian’s rights. Since he is in charge of making sure the child is cared for materially, morally, and physically, the father of the child is frequently given guardianship.
If the Court does not decide to extend this period in the best interests of the child, a woman’s custody of the children ends when a male child turns eleven and a female child turns thirteen, according to Article 156 of the Personal Status Law.