UK Wills and Sharia Law in Dubai UAE
As an Ex-pat in the United Arab Emirates (UAE), you will probably have heard about Sharia Law(“Sharia”) and how it deals with inheritance in a different way than we are used to in the UK. Sharia applies to Muslims (and UAE nationals) but it can also be applied to the affairs of foreign non-Muslims in certain circumstances.
The Legal System in the UAE including Dubai and Abu Dhabi is heavily influenced by Sharia Law
For non-Muslim foreigners, e.g. an English Expat resident in Dubai, English law would apply in matters of inheritance, as well as marriage and divorce. However, Sharia can apply if ‘asked for’ or when there is property owned in the UAE.
Are UK Wills valid?
Put simply a valid UK Will can be used to deal with a UAE resident’s estate under UK laws of inheritance but it does not apply in the same way to property owned in the UAE. So in the case of ’real property’ held by a UK national, e.g. a freehold villa in Abu Dhabi, the Abu Dhabi courts would decide how it will be divided in accordance with the laws of Abu Dhabi, even though the Will would be governed by UK law.
Sharia Compliant Wills?
There is a lot of concern about so called Sharia Compliant wills amongst expats in the UAE. The position is that a valid UK Will with no reference or deference to Sharia is still valid in the UK and therefore can be valid in the UAE once all the formalities such as translation and notarisation are done.
What happens under Sharia law?
One of the complications about UAE laws on inheritance is that it removes the ability to dispose of your estate in the way you chose to. It is called ‘forced heirship’. So if your Dubai UAE property falls to be dealt with by the UAE court system a definitive answer on who will inherit what is only decided after the appointed ’Sharia scholar’ makes his findings. The Sharia scholar will investigate all the heirs and determine what share each of the heirs will take.
In principle under Sharia Law you are able to dictate the way up to one third of your estate is passed on. The remaining two-thirds stands to be dealt with in a way that favours male relatives and male descendants. Typically a son would inherit twice as much as a daughter.
And in case you didn’t know Sharia law will definitely apply if you die intestate.
And in the Future…
This area of law is under scrutiny and may become clearer in the not to distant future. Many think that the uncertainty surrounding the application of UAE law to property inheritance matters is affecting the growth of this emerging property market. The law in Dubai and the UAE may change and become clearer..one day.
