Inheritance, Sharia Law and Expats in Dubai
Sharia law ("Sharia") is the sort of subject matter talked about a lot if you are an expat in Dubai, UAE. It is a religious interpretation of the Holy Qur'an that is used to inform many issues within a Muslim society.
How Sharia deals with inheritance matters is one of the key issues of concern to expats as it can produce results so different to what may happen under the laws of your home country or jurisdiction.
Sharia always applies to relevant issues for Muslims and nationals of the UAE and this includes inheritance decisions. Sometimes Sharia is applied to the affairs of foreigners who are not Muslims for matters of inheritance. This is definitely the case if an expat dies intestate whilst in Dubai.
However, for a UK expatriate living in Dubai, English law can still for inheritance matters if there is a valid UK will in place, except when there is property owned in Dubai or any part of the UAE. As an owner of 'real property', e.g. a villa, the current official position is that the Dubai courts will decide how the property will be divided using the laws of Dubai, with Sharia as a guide on the details. This is despite the fact that the Will is governed by English law.
The perceived problem for most UK expats is that this use of Sharia/UAE law for inheritance removes the ability of the testator (i.e. the person making the will) to dispose of his or her estate in the way chosen in the will.
Under Sharia you are only able dictate how one third of your estate is distributed and, as an example, frequently provides for a son to inherit more than a daughter. It can be very complex and difficult to predict, unfortunately.
How Sharia deals with inheritance matters is one of the key issues of concern to expats as it can produce results so different to what may happen under the laws of your home country or jurisdiction.
Sharia always applies to relevant issues for Muslims and nationals of the UAE and this includes inheritance decisions. Sometimes Sharia is applied to the affairs of foreigners who are not Muslims for matters of inheritance. This is definitely the case if an expat dies intestate whilst in Dubai.
However, for a UK expatriate living in Dubai, English law can still for inheritance matters if there is a valid UK will in place, except when there is property owned in Dubai or any part of the UAE. As an owner of 'real property', e.g. a villa, the current official position is that the Dubai courts will decide how the property will be divided using the laws of Dubai, with Sharia as a guide on the details. This is despite the fact that the Will is governed by English law.
The perceived problem for most UK expats is that this use of Sharia/UAE law for inheritance removes the ability of the testator (i.e. the person making the will) to dispose of his or her estate in the way chosen in the will.
Under Sharia you are only able dictate how one third of your estate is distributed and, as an example, frequently provides for a son to inherit more than a daughter. It can be very complex and difficult to predict, unfortunately.
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