What happens to my home If I die?

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“Explore what happens to your home after death: inheritance, probate, wills, and legal processes that impact property ownership and transfer.”

Purchasing a home is a major life achievement that takes years of diligent labor. That being said, many find it impossible to imagine what will happen to that property when the inevitable passage of time arrives. The laws regulating the transfer of assets in the United Arab Emirates are not uniform, even if they exist. In the event that the successors to the property do not have the necessary legal rights, many legal problems may occur.

Let’s talk more about this: what will happen to my property in the United Arab Emirates after I pass away?

Inheritance Laws For UAE Property

Muslim and non-Muslim inheritance rules vary in the United Arab Emirates. Shariah law will be applied if the dead was a Muslim, while personal laws will be used to non-Muslims. According to local legislation, foreign nationals are also permitted to split their inheritance. Please keep in mind that foreigners are only allowed to buy real estate in the Emirate’s freehold regions.

What Is Inheritance?

The UAE Personal Status Law of 2005’s Article 313 defines inheritance as the division of property among the legitimate owners after the death of the original owner. But the inheritance only kicks in if the dead didn’t leave a will. The assets are distributed in accordance with any existing will, which may or may not name the legitimate heirs.

Inheritance For Non-Muslims

1. The spouse will get half of the legacy, with the other half being evenly shared among the children.
2. If there are no children, the husband will get half of the inheritance, with the other half being split evenly between the deceased’s parents.
3. If there is only one parent, the spouse will get half of the inheritance, and the other half will be split into two halves, which are as follows:

• A portion will be given to the surviving parent.
• The remaining amount will be evenly distributed among the deceased brothers.

1. If there is just one parent: If the other parent passes away and the deceased has no brothers, husband, or children, then the whole estate will go to the living parent.
2. In the event that the dead had no parents, The deceased’s brothers would split the whole inheritance evenly.

According to Article 11(1), an individual may leave all of their assets situated in the United Arab Emirates to a person of their choosing. Additionally, an heir of a foreign person may request that the laws of their home country be used for the devolution of assets under Articles 11(3) of the Civil Personal Status and Article 17(1) of the Civil Transactions Law unless a registered will conflict with this request.

According to the Civil Transactions Law, the government will inherit a foreign person’s possessions in the nation if they have no heirs. As stated in Article 12 of the legislation, a Cabinet decision will decide the inheritance process.

Inheritance For Muslims

The inheritance laws of Sharia are extensive and meticulous, spanning over 40 articles. But before we summarize the regulations, there are a few things to consider while figuring up a dead Muslim’s assets:

1. Once the deceased’s burial expenses and any remaining obligations have been paid, inheritance will be decided.
2. If the decedent left a will, assets will be distributed mostly in accordance with the will; if not, property will be split in accordance with Sharia.
3. There are limitations on who a testator may leave anything to in his will, and he can give up to one-third of his assets to others.
4. In the event that a will is absent, only Sharia law will be used to decide assets.
5. Two male witnesses and evidence of documents are required to determine the heirs.
6. A Muslim cannot pass on inheritance to a non-Muslim.
7. A person will not be entitled to a share if they murder someone else with the goal of profiting from the assets.

Forced inheritance

According to Article 321 of the legislation, certain heirs have a fixed stake in the assets, which means they are only excluded once they completely disappear. Even if there is nothing left over for the other classes of heirs, they get their portion first. Their shares are allocated in accordance with Articles 322 to 328, subject to certain restrictions, and are established at one-half, one-fourth, one-eighth, two-thirds, one-third, one-sixth, and one-third of the remainder:

Half of the inheritance will go to

• If the woman does not have any descendants, the husband
• The daughter, should she be the departed parent’s sole child.
• If the dead had no children or grandchildren of a higher degree, the daughter of the son or of his descendants
• The surviving sister if she is the only sibling and the dead person’s father, paternal grandfather, or descendants
• The consanguine sister in the event that the dead person had no siblings, father, or paternal grandparents.

One-fourth of the inheritance will go to

• If the wife has a descendant, the husband
• If the husband is descended from no one, the wife, if there are more than one.

One-eighth of the inheritance will go to

• If the husband has a descendant, the wife, if there are many of them.

Two-thirds of the inheritance will go to

• If the deceased has no son, then a. Two or more daughters
• Two or more daughters of the deceased’s son or, in the absence of a son, his grandchildren, either grandsons of the same degree or grandchildren of a higher degree
• If the dead person’s father, paternal grandfather, or descendent is not a germane or consanguine brother, then two or more germane sisters
• Two or more consanguine sisters in the absence of the deceased’s father, paternal grandfather, germane or consanguine brother, apt sister, or descendant.

One-third of the inheritance will go to

• If the dead person’s brother or sister isn’t a descendant, then the mother
• If the deceased person had no surviving descendants, father, or paternal grandfather, then two or more of the mother’s children, divided equally
• If the dead person’s father had more than two consanguineous siblings or sisters and no compelled heirs, the paternal grandfather.

One-sixth of the inheritance will go to

• If the father agrees with a descendent
• The paternal grandfather, in accordance with the law’s Article 327(2)
• The mother, together with one or more siblings or a descendant
• If she is not prohibited from inheriting one or more grandparents
• If the dead had no son or grandson of an equal or higher degree, one or more daughters of the deceased or of his descendants, with a single consanguine daughter or an unmarried son’s daughter in a higher degree
• If the dead had no siblings, father, paternal grandfather, brother, or consanguine brother, one or more consanguine sisters together with a germane sister
• The lone uterine brother or sister, in accordance with Article 347 of the legislation, in the event that the deceased had no father or paternal grandfather.

One-third of the remainder will go to

• If there are no surviving relatives, the mother, together with the father and spouse, or two or more of the deceased’s brothers or sisters
• If the paternal grandfather has more than two brothers or more than two germane or consanguine sisters, and he has a forced heir, as long as he feels that his one-third share is preferable to his one-sixth.

The remaining assets will be distributed among the residuary if they are not depleted after the compelled heirs get their portion. The remaining assets will be distributed equally among the forced heirs in the event that there are no residual heirs. The investments will be distributed among the members of the extended family in the event that there are no compelled or residual heirs. The government will get the assets if the deceased has no dependents at all.

Conclusion

Despite its seeming complexity, Sharia inheritance law permits all rightful heirs to be included in the distribution of the deceased’s possessions. It is permissible for a non-Muslim to make a will in order to facilitate judicial administration of the estate.