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http://www.daijiworld.com/chan/exclusive_arch.asp?ex_id=1498 

This article courtesy: www.daijiworld.com [A portal linking West coast of India 
and the World] 

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Exclusive -- What Happens if I Die in the UAE Without a Will? 



 


 
Terence & Joanne have lived in Dubai for the last 25 years.   Terence had his 
own business here with a UAE partner.  Like any other expat, Terence opened 
bank accounts in his own name and also jointly with his wife.  With Dubai 
opening up the property market for expats, Terence decided to invest in the 
real estate.  He registered these properties in his individual name.  Life was 
good until last year when one fine day, Terence had a massive heart attack, 
collapsed and died.    Joanne was always dependent on her husband until he 
died.  She had no clue of what assets he owned, how much he owed, where he had 
all the bank accounts, where did his real estate investments reside as she had 
left it in confidence to Terence.  She had her car, her ATM and credit cards 
and she could manage her household without any problems.  Suddenly with Terence 
passing away, Joanne was left to ponder on how to move forward.  
She found that the banks had frozen all the accounts including her joint 
accounts, the car was mortgaged by Terence and so the bank confiscated it. She 
was suddenly without any money or car and was dependent on friends and family 
for the first time in her life.  When she visited the real estate authority for 
transfer of his real estate, she was told to approach the court.  The lawyer's 
advised her that since Terence passed away without a Will, the UAE Shariah Law 
will apply to his estate.  Now for nearly a year she is struggling to make ends 
meet - on one side take care of her family and on the other get an order from 
the court for transferring his estate.
While Terence was alive, he never thought that without a Will he would put his 
wife and children in deep trouble.  He struggled every day to provide his 
family the comforts they deserve, but forgetting that it could all be zero if 
he died.  Unfortunately, this is the story of several expats who pass away here 
in the UAE without a will.  While we come here to provide a better lifestyle 
for our families, most of us forget to ensure that our assets ('estate') are 
passed on to them with very minimum hassles after our death through a properly 
drafted Will.

Your "Last Will & Testament" is a document that details exactly what you would 
like to do to your estate in the event of your death. The document can cover 
all aspects of your life, from physical assets such as property, investments or 
cash, to who you would like to look after your children until they are of an 
age that they can look after themselves. 
In the absence of a Will, Shariah automatically applies to both Muslim and 
non-Muslim estate holders when they pass away in the UAE. Under Shariah, the 
wife of the deceased receives one-eighth of the total estate, while the 
children receive one-sixth of the share. For every share received by the 
daughters, the sons receive twice as much. As the UAE is a Muslim country, all 
courts adhere to Shariah, the primary source of Islamic law
Expatriates who own property in the UAE should write a will, have it translated 
into Arabic and notarised at their embassy or consulate, so as to make sure the 
property is passed on or distributed as one wishes, says Mr. Mohammad Marria, 
Estate Planner of Just-Wills, a UK based company operating as a franchise in 
Dubai.  If a person dies 'intestate', which means the person dies without 
making a will, 'inheritance shall be governed by the law of the country of the 
deceased at the time of death.'  This is according to the UAE Civil Code, 
Federal Law No.2 of 198, Article 17/1. This law was promulgated to stem 
confusion surrounding inheritance issues for expatriates.  
In the event that the deceased left no will and he was a Muslim, Shariah would 
apply and any debt would be first paid prior to any other disbursement of 
property.   The UAE law of inheritance is based on Shariah Law which differs 
greatly to laws which many of us are used to and which places exacting 
restrictions on how we can request our assets be distributed when we die.    
Mr. Marria says many people do not understand the possible implications if they 
die without this vital document.  "Your will is the most important piece of 
paper you will ever sign," he explains. "It is your last wishes on how you 
would like your estate to be distributed. And it's not just about money and 
property. It is also about safeguarding the welfare of children. Without that 
document, things could get pretty nasty and messy."  A potential testator 
should list all of his or her assets and appoint an executor - a person who 
will make sure that all assets will be passed on
 to the rightful beneficiaries.   
A Will should be made while the maker is in good health, free from emotional 
stress. A prudent person does not wait for a catastrophe or other compelling 
reason before making a decision. If you have children and you and your spouse 
die, do you want to name the guardian of your children, or do you want the 
court to appoint one? If you do not have a Will, the court, by law, will 
appoint the guardian.  
To listen to Mr. Mohammad Marria and understand the requirements for drafting a 
proper Will and to address your doubts, Kanara Entrepreneurs - Dubai (KEL) is 
conducting an event on Jan 15th in India Club on 'Wills for Expats in the 
UAE'.  All interested, can register and attend this event. - Click Here for 
more details and registration
Compiled by Ivan Fernandes, Chairman of KE Global.  KE Global is a global, 
non-profit, mutual-benefit corporation founded by successful entrepreneurs to 
encourage, support and nurture entrepreneurship in individuals originating from 
the Kanara region
Ivan Fernandes - Archives: 


Challenges of Building and Running a Successful Enterprise

Family Business Succession Planning 
 

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