Family disputes over inheritance in UAE are sensitive subjects that often lead to conflicts. These disputes are particularly complex when different cultural and legal principles collide.
This article provides information about inheritance disputes in the UAE, emphasizing Sharia law, fixed shares for heirs, and the importance of legal planning. Considering the expatriate population’s unique circumstances, we’ll also examine inheritance laws for them.
Finally, we’ll provide practical information on resolving family disputes over inheritance and highlight the services of Al Mulla Lawyers & Legal Consultants in managing such cases in 2024.
Contact Al Mulla Law Firm in UAE. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
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Cases of Family Disputes Over Inheritance in UAE
Inheritance disputes in the UAE often arise due to the complexities surrounding the distribution of assets. These disputes typically involve family members such as sons and daughters, parents and siblings, and can escalate quickly without proper legal planning.
Sharia Law and Faraid Fixed Shares
Under Sharia law, the principle of Faraid governs inheritance distribution. This system allocates fixed shares to eligible heirs. Sons and daughters, for example, receive pre-determined portions of the estate, while spouses’ rights are also protected.
However, complications arise when the family disagrees on how these rules apply.
Inheritance for Non-Muslim Expatriates
For non-Muslim expatriates, the situation can be even more complex.
Although the UAE allows expatriates to choose whether their inheritance will be governed by their home country’s laws or Sharia law, the family may still face complications if these preferences are not clearly outlined in a legally recognized will.
Legal Planning and Will Registration
One effective way to avoid disputes is through will registration. The UAE’s legal system allows individuals to register wills that reflect their preferences. Family members may face challenges adhering to civil law or Sharia courts without a registered will.
Proper legal planning can also mitigate inheritance disputes. Families that engage lawyers early on can ensure that the distribution of wealth and assets is clear, helping to minimize future conflict.
Public Order and Civil Law in the UAE
The UAE legal system ensures that the country’s public order is maintained in inheritance cases, especially regarding children’s rights and forced heirship.
In the UAE, inheritance laws uphold a system of forced heirship, ensuring that key family members, including spouses and children, are not disinherited.
Resolving Family Inheritance Conflicts in UAE
Family disputes over inheritance in UAE can be resolved through Sharia courts or civil courts, depending on the family’s wishes and the applicable inheritance rules.
Mediation and Legal Counseling
One of the most effective ways to resolve inheritance disputes is through mediation. Engaging with a neutral legal expert can help family members reach an amicable solution, especially when emotions are running high.
UAE-based lawyers often help families negotiate a solution following Sharia law or the laws of the expatriate’s home country.
Filing a Case in Sharia or Civil Courts
If mediation fails, a case can be filed in Sharia or civil courts. Lawyers are essential in helping families navigate these complex systems, ensuring the family’s rights are protected and the inheritance is distributed fairly.
Cultural and Legal Principles in Estate Distribution
The UAE’s diverse legal system respects Sharia law and international inheritance principles. Therefore, it is important for families, especially expatriates, to understand how the UAE’s inheritance laws interact with their home country’s laws to avoid future inheritance complications.
Legal Services for Inheritance Disputes in UAE
Al Mulla Lawyers & Legal Consultants specialize in handling family disputes over inheritance. Their team of experts offers a wide range of services strictly related to inheritance cases, including:
- Inheritance Dispute Resolution: Offering expert advice and mediation to resolve disputes promptly and efficiently.
- Sharia Law Consultation: Providing guidance on Faraid and fixed shares to ensure fair distribution under Sharia law.
- Will Drafting and Registration: Helping locals and expatriates draft and register their wills in compliance with UAE law.
- Civil and Sharia Court Representation: Representing clients in both Sharia courts and civil courts to ensure the legal distribution of wealth and assets.
- Legal Planning for Expats: Offering tailored legal advice for expatriates on navigating the UAE’s inheritance laws, whether for Sharia or home country laws.
Al Mulla Lawyers helps families navigate the intricate landscape of inheritance disputes while protecting their client’s interests and ensuring a fair estate distribution.
Learn about Sharia Law on Inheritance and read about the Best Family Lawyers for Inheritance in Dubai.
FAQs about Inheritance Family Disputes in UAE
Conclusion.
Family disputes over inheritance in UAE can be difficult to resolve without legal guidance. The interplay between Sharia, civil, and expatriate laws adds complexity.
By understanding the importance of legal planning and will registration and knowing when to seek help from experienced lawyers like Al Mulla Lawyers & Legal Consultants, families can prevent disputes from escalating and ensure a fair distribution of their wealth and assets.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
A law graduate and legal writer focusing on UAE law, he became known for his ability to clarify complex legal concepts through his writings. His work simplifies the intricacies of the legal landscape in the Emirates, helping both locals and expatriates navigate their legal concerns.