- Legal Articles
- Ask Elhais
March 09, 2018|
Question: We are Europeans living in Dubai. Our father who was working in the emirate for the past 15 years has died. He has a number of properties and bank accounts. How is succession done in the UAE and who can be the beneficiaries of his properties and funds?
Answer: Family Law lays down the relations that qualify as heirs following the death of an individual. The deceasedís estate can only be transferred to persons who qualify as heirs under Sharia Law principles. Anyone who does not qualify as an heir gets nothing from the estate.
The first step followed by court is to determine the heirs and have them confirmed by witnesses and / or documents. Two male witnesses are required to give statements to confirm the heirs and their relationship to the deceased. Documents such as marriage certificates, birth certificates etc. are also considered but these must be attested and legalised for use in the UAE.
Under Sharia law, the following relations are considered as heirs: parents, spouses, children, grandchildren, brothers and sisters, grandparents (paternal), uncles and aunts (paternal), and nephews and nieces.
You should proceed to the family court and the succession department with the original death certificate, the deceased's passport copy, and the passport copy of the witnesses.
Question: I had a son with a man who later refused to marry me. He later got married and settled in Dubai with his wife and two children. I have heard that he has passed away. Can my son or I claim a share in his property?
Answer: Under Sharia principles, there are certain restrictions on who can be declared as heirs and certain Islamic principles apply. For example, under Sharia only legitimate relations can be heirs. So any illegitimate children cannot become heirs and are not eligible for a share in the estate.
Similarly, any partnership other than a marriage between a man and a woman cannot be recognised as legitimate. Also, adopted children do not have a share under Sharia.
Sharia Law also clearly states that a non-Muslim cannot be an heir to a Muslim's fortune. Nor can a Muslim benefit as an heir from a non-Muslim relative. If a person has come to inherit from an estate after committing a crime such as killing a brother or parent, he/she shall not benefit from his/her crime and following the rules of Sharia shall be ineligible for inheritance. Divorced women cannot claim from their ex-husbands unless they are within the "iddat" period and vice versa. Under the UAE laws, you or your son cannot claim a share from the deceased's property.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.