INHERITANCE  LAW IN UNITED ARAB EMIRATES

The protection of family wealth and legacies is often the least understood aspect of life in the middle east. The application of Shariah laws, which operate on entirely different principles than common law for example, are a prime area of confusion and often lead to the distress of the family members.

There are provisions in the law to choose the jurisdiction of your nationality for inheritance purposes, however, this is not always a choice or not always an option suitable to your circumstances under the UAE law.

Hence, it is imperative for any individual who owns assets within the UAE to take advantage of qualified and experienced lawyers at THE LAWFIRM who are fluent in the ways of Shariah, or in the ways you may wish to bypass the same if allowed by law. The advising and drafting of wills comes under the same category and is often times a viable option to protect one’s assets.

It is regulated pursuant to provisions of Federal Law No.5 of 1985 on Civil Transactions and Federal Law No. 28 of 2005 on Personal Status. Consequently, the assets either movable or immovable are transferred to the successive heirs.

The transferable rights include all rights to property, usufruct, many dependant rights, such as debts and chose in action, rights to compensation, etc., and the transmissible obligations are those capable of being satisfied out of the estate of the deceased. What is left after the payment of funeral expenses and the discharge of his debts and obligations is to be distributed according to the sharia law of inheritance.

The most common rule is that the son receives twice as much as a daughter, which is one of the most well known perception of this law and the ratio is 2:1. Secondly if the deceased children are girls (more than one) only, then they receive two-thirds of the estate divided equally among them.

How will the estate be divided among the heirs of a deceased Muslim under the law?

If a Muslim dies, the transferable rights will include all the rights pertaining to the property, usufruct and any other dependent rights like outstanding debts. It shall also cover the obligations of the deceased which can be paid off from his estate. Further, whatever is residue, post payment of funeral obligations, shall be divided among the heirs. Following are the ways under which the property will be distributed:

One half (1/2) of the property will be given to:

• The husband, if the wife has no successor;

• The daughter, if the deceased has no other children;

• The daughter of the son or of his descendants, if the deceased has a child or a grandchild higher in degree with her;

• The sister, if she has no brother or sister, a successor of the deceased, father or grandfather.

• Consanguine sister, if she has no brother or germane sister or brother, a successor of deceased, father or grandfather.

One-fourth of the property will be given to:

• The husband, if the wife has a descendant;

• The wife, if the husband has no descendant.

One eight of the property will be given to:

• The wife, if the husband has a successor.

Two-third of the property will be given to:

•  2 or more daughters, if deceased has no son;

• Two or more daughters of son, or his successors, of the deceased, has no son, grandson of the same degree;

• 2 or more germane sisters, if there is no germane brother, successor, father or grandfather;

• 2 or more consanguine sister, if there is no consanguine brother, a germane brother or sister, a successor, father or grandfather.

One-third of the property will be given to:

• The mother, if the deceased has no successor or if there is no one else to succeed;

• 2 or more of mother's children, if there is no successor or father or grandfather, the property shall be divided equally;

• The paternal grandfather, if he concurs the estate of germane or consanguine brother and in the absence of forced heirs;

One-sixth of the property will be given to:

• The father upon concurring with succeeding descendent;

• The paternal grandfather, if the deceased has a successor, if the forced heir is present, if his share is less than one-sixth or one-third of the reminder or if nothing is residual post taking his forced share;

• Mother, along with successor of deceased or with 2 or more brother and sisters;

• Grandmother, if she is not ineligible for an inheritance;

How different is the UAE inheritance system from that of other countries?

In the UAE, inheritance for Muslim nationals is guided by Sharia law, while the law of the deceased’s home country can be applied for non-Muslim expatriates. Sharia is not a codified law and is capable of adaption, development and further interpretation. Matters of inheritance coming before the Dubai courts are heard by one or more judges.

Juries are not used. Furthermore, unlike in some Western jurisdictions, there is no system of precedent in Dubai Court or the UAE. In addition, there are many uncertainties regarding real estate inheritance issues. Unlike other jurisdictions, the UAE does not practice ‘right of survivorship’ (property passing on to a surviving joint owner upon death of the other, as would be the case in Commonwealth jurisdictions), and the local courts will need to make the final decisions on property ownership.

This is why the introduction of the new DIFC and Wills Probate Registry (DIFC WPR) is a great option for non-Muslim expatriates preparing DIFC wills to ensure their Dubai property passes to their chosen heirs as per their wishes.

 

What are the most common inheritance concerns of clients who own property here and what are the solutions?

The most common concerns are from expatriates that have bought property here either in their sole name or jointly with their spouse. They may be confused as to which inheritance laws apply to their assets upon their demise, and usually assume that the laws of their home country automatically prevail over local UAE laws.

As a general rule, inheritance issues in such cases are dealt with in accordance with Sharia. Succession under Sharia principally operates by a system of forced heirship or reserved shares.

For non-Muslims they now have the option of registering a will with the DIFC WPR, which will provide certainty in passing their Dubai estate to their chosen heirs or they can transfer unencumbered real estate into an offshore company. The solutions offered depend on each individual case hence legal advice should be sought from the outset.

Why is it important for expats living in the UAE to have a will, and what are the consequences of not having a will in place?

For expats living in the UAE, there is a very simple reason to make a will; generally the UAE Courts will adhere to Sharia Law where there is no will in place. This means that if you die without a will, the local courts will examine your estate and distribute it according to Sharia law.

All personal assets of the deceased, including bank accounts, will be frozen until liabilities have been discharged. A surviving wife who has children qualifies for one eighth of her deceased husband’s estate, and a surviving husband who has children qualifies for one quarter of his deceased wife’s estate.

The remainder of the estate will be distributed among other family members, depending on who survives the deceased at the date of death. Without a will or succession planning in place this distribution will be applied automatically.

Even shared assets will be frozen until the issue of inheritance is determined by the local courts. There is also no automatic transfer of shares where businesses are concerned. Administering an estate in the absence of a will is often lengthy, costly and complex, not to mention the prolonged disputes with heirs.

Under the law of inheritance, who holds the right to claim the deceased's estate?

The heirs and descendants have the right to claim the estate of the deceased according to the Shariah Law for Muslims. Whereas, beneficiaries of the will can claim the estate in case of non-Muslims if there is a legally certified will. In case of a deceased Muslim, the estate will only be transferred to those who qualify as an heir under principles of Shariah.

The primary step for courts in the event of the death of a Muslim is to determine the heirs and reconfirm it through two male witnesses along with documentary proof such as marriage or birth certificates. According to the principles of Shariah, spouse, parents, children, grandchildren, siblings, grandparents (paternal), uncles/aunts, nephews/nieces are considered as heirs to the estate. It further imposes several conditions on who can become an heir mentioned as below:

• Any illegitimate children and adopted children will not be considered as heirs;

• Non-Muslim cannot benefit from the estate of a Muslim;

• A person committing murder to benefit from the estate will be ineligible to claim the estate;

• Divorced women cannot claim from ex-husband's estate unless they are in "iddat" period.

What will happen to the jointly-owned property of husband and wife, upon the demise of the either?

The Personal Law and the Civil Law is vague and ambiguous with regards to the property owned by the foreign national. Thus, it is always prudent to have a registered will within the country. UAE does not have a concept of "right of survivorship" wherein, the surviving owner becomes the complete owner of the property, thus, in case of a jointly-owned property by foreign national along with his wife, the local courts have the right to decide upon the matter and divide the estate accordingly.

Succession Procedures and Creditors’ Rights

Succession process has always been an important issue for banks and financial institutions in the UAE holding the accounts of the deceased or such deceased being a creditor or guarantor of such bank or financial institution.

General Approach on Death of UAE Resident

In determining the legal position of a deceased person leaving assets (including bank accounts) in the UAE and matters of inheritance, the UAE Civil Code (Federal Law No. 5 of 1985) as amended ( “Civil Code”) and The Law of Personal Affairs (Federal Law No. 28 of 2005) as amended ( “Personal Affairs Law”) are applicable.

Article 17 of the Civil Code states the following:

Inheritance shall be governed by the law of the deceased at the time of his death.

Property rights located in the territory of the state which belong to an expatriate having no heir shall become vested in the state.

The substantive provisions governing testamentary dispositions and other dispositions taking effect after death shall be governed by the law of the state of which the person making such dispositions is a national at the time of his death.

The form of wills and other dispositions taking effect after death shall be governed by the law of the state of which the person making such disposition is a national at the time the disposition is made, or the law of the state in which the disposition is made.

The law of the United Arab Emirates shall apply to wills made by expatriates disposing of their real property located in the state.

In essence, the above article does recognise that the law of the deceased will apply to succession proceedings.  Having said that, Article 27 of the Civil Code, to an extent, dilutes the effect of Article 17 by stating the following:

• It shall not be permissible to apply the provisions of a law specified by the preceding articles if such provisions are contrary to Islamic Shariah, public order or morals in the state of the United Arab Emirates.

• This is primarily the reason behind the difference in application of law by the different Courts in the UAE.  Some Courts take a relaxed attitude towards applying Article 27 above, while others are quite strict.

The Personal Affairs Law on the other hand governs how the estate of a UAE national or resident will be managed and distributed upon the death of the individual. Article 1(2) of the Personal Affairs Law sets out:

• The provisions of this law shall be applicable to all UAE nationals unless the non Muslims thereof have different provisions for their different religions. Further the provisions of this law shall be applicable to non UAE nationals unless they insist on the applicability of their own laws.

• Accordingly, the Personal Affairs Law recognises the provisions of the Civil Code as stated above (pertaining to governing law provisions) when a non-UAE national insists on the same and is qualified to do so under the Civil Code and allows for application of foreign law.

Protection of Creditors’ Rights

Under Article 275 of the Personal Affairs Law (as stated above) the creditors of the deceased would take priority over any other distribution except for any burial expenses.  In order for the lending bank (“Bank”) to ensure that their debt is due and thus has priority on the death of the obligor (whether acting in the capacity of a borrower or a guarantor or a security provider) it should be stated as an event of default (under the relevant facility agreement or security document) entitling the Bank to accelerate the loan and seek recourse against the estate and the heirs of such deceased obligor.

It is important to note that in case of lending to a corporate secured by personal guarantees, the death of the personal guarantor should be stipulated as a mandatory event of default which would afford the Bank a priority of claim in the estate of the deceased personal guarantor.

Once the Bank comes to know of the Death Declaration and the distribution of assets, the Bank should immediately file proceedings against the estate and the heirs (as the case may be) to exercise its rights under the applicable provisions of the Personal Affairs Law in its capacity as a creditor.

In relation to any proposed or ongoing legal proceedings by the Bank (as creditor) at the time of death, the Bank would be restricted by certain requirements to pause such proceedings pending settlemtent of all the debts of the estate, as set out in Article 284 of the Personal Affairs Law, which provides that:

From the time of appointing a trustee for the estate, creditors may not take any procedure regarding the estate or pursue any procedure they have taken except vis-à-vis the estate trustee.

All procedures taken against the deceased shall be discontinued pending settlement of all the debts of the estate once any concerned party so requests.

Article 287 of the Personal Affairs Law sets out the procedure to make a claim as follows:

The estate trustee shall invite the estate creditors and debtors to submit a statement of their rights and debts within two months from the date of publishing the relevant order.

Such an order is posted in court premises where the majority of the assets of the deceased are located and also in the daily newspaper. The Bank needs to be vigilant of such an order and ensure that it submits its claims to the estate trustee within a period of two months from the date of such an order.

Once a claim has been made, the estate trustee will prepare a report in accordance the provisions of the Personal Affairs Law and deposit at the court three months from the date of appointment an inventory statement of the estate’s assets and liabilities and an estimation of these funds.  In the event that the Bank is not satisfied with its liabilities listed in the inventory statement, the inventory statement can be challenged by the the Bank under Article 291 of the Personal Affairs Law within 30 days from the date of submission of the report to the court.

It is very important for the Bank to check that its  liabilities have been clearly reflected in the inventory statement as per Article 297 of the Personal Affairs Law. There have been instances where creditors have not recovered their rights because of not having been recorded in the inventory list.  However they may have a seperate recourse against the successors for their portion of assets realised from the estate.

Article 292 of the Personal Affairs Law stipulates that, at the end of the aforementioned 30-day period, the estate trustee may settle the estate’s debts with the permission of the Court.  However, if the estate is insolvent or is likely to be insolvent, the estate trustee may not settle any debt until a final decision has been reached in relation to any insolvecny proceedings connected with the estate’s debts.

Lastly, the Personal Affairs Law provides that the debts are settled from the proceeds of any claims of the estate, the liquidation of moveable assets and finally from the liquidation of real estate (forming part of the estate), if such procceds are insufficient.  Moveable assets and real estate shall be sold at public auction pursuant to the terms of the Civil Code unless the successors agree on another method.  If the estate is insolvent, the approval of all creditors to such alternative method will be required.

PROCEDURE TO OBTAIN SUCCESSION CERTIFICATE AND DISTRIBUTION ORDER IN THE UAE

1. Documents to be compiled are:

a. Death Certificate if issued in the UAE no further legalization is required (but it is useful to obtain a few originals and have several stamped by Ministry of Justice and Ministry Foreign Affairs);

b. Passport Copies of all Beneficiaries and Attorneys (including Witnesses)

c. Details/ Proof of Assets.

STAGE 1 - OBTAINING SUCCESSION CERTIFICATE

2. Once Documents are compiled, they are put into a Folder of Original Documents, and a Folder of Copy Documents;

3. Along with the original and copies of documents with 2 witnesses along with their original identification cards (and copies), the Attorney or Heirs should go to the Court for typing of the application. After typing of application they can see the Judge for verification;

4. It now takes three (3) to five (5) working days to obtain the Succession Certificate.

It is only after the Succession Certificate is obtained that a Power of Attorney (POA) from Sharia Heirs can be notarized in the Dubai Notary Public’s office. If the POA is signed abroad, then it is the other way around, the POA is signed, notarized and legalized, and then translated into Arabic, before the Succession Certificate can be obtained. Care should be taken in respect of the wording of the POA. If there are no title deeds issued for properties as yet, then general wording shall be used.

Note : The Witnesses should know the family for more than 2 years and male witnesses are preferred.

STAGE 2 - OBTAINING DISTRIBUTION ORDERS

5. After we obtained the Sharia order, then we can open the inheritance file.

6. The Court should be informed for all the Assets of the deceased.

7. After ascertaining the Assets, the Court will issue letters to the various Government Bodies and Banks :

a. Banks requesting them to transfer the monies to the Intended Beneficiaries account as per the POAs;  Cynthia KL Le Poer Trench (Solicitor, Hong Kong) Principal Member of Interleges.

b. Dubai Land Department to confirm the title of the Deceased and request that they request the title to the Intended Beneficiaries. Procedures for transfer of title to Sharia Heirs or Intended Beneficiaries are set out in a separate note.

c. RTA is requested to transfer vehicles to the Intended Beneficiaries.

8. The time frame of the above depends on :-

a. The Assets in question;

b. The Government Bodies in question and in which Emirate;

c. The Banks in question;

d. Whether there are minors.

This may take at least 3 months for the matter to be completed. Additional documentation may be requested and procedure changed at the Court’s discretion.

Will registration in UAE

There are three ways for non-Muslims to register a will in the UAE. First, Dubai Courts have allowed wills to be attested by a notary public in Dubai since 2010. Second, at the DIFC Wills Service, which only covers assets in Dubai and Ras al Khaimah, wills are registered and probate claims are handled through the DIFC Courts. The third option is at the ADJD, which allows non-Muslims from any emirate to register their wills and covers assets countrywide.

The Dubai Courts and ADJD are essentially both notary services, allowing people to authenticate their wills. A single will costs Dh2,200 in Dubai and Dh950 in Abu Dhabi. The document must also be translated into Arabic, which adds translation costs.

UAE government offers a wide array of categories for the drafting of will in Dubai.

A Joint Will & Mutual Wills

A Joint Will is a single document which allows for a couple to combine their Last Will and Testament. Normally, one partner inherits the entire estate when the other dies. When the second partner dies, the estate will be handled as agreed to by both partners.

Mutual Wills in Dubai offer couples essentially the same thing. Mutual Will are generally two identical Wills supported by a separate document that commits the surviving partner to a particular distribution of their estate, in effect, it creates a Joint Will.

Reciprocal and Mirror Wills

Reciprocal or Mirror Wills are separate Wills in the individual names of both partners, that describe essentially the same terms. Names aside, they are often identical but don’t necessarily have to be. Most commonly, Mirror Wills have the surviving partner and children inheriting the estate. While there is no contract or binding agreement in place that prevents the surviving partner from amending their own Will later.

Mirror Wills in Dubai don’t have the heavy-handed rigidity or the legal ambiguity of Joint or Mutual Wills.

Implications

Article 17 of the UAE Civil Code lays down that inheritance of the property shall be governed by the law of the testator at the time of his/her death. However, Wills and other matters relating to personal affairs are generally governed in the UAE by Federal Law 28 of 2005, known as the Law of Personal Status, which is based on Islamic Law.

If a person does not leave a will, or the will is declared invalid, then the person is deemed to be died intestate (not having made a will before he dies).

Thus, a Will can:-

• Secure the interest of the Legatee or beneficiary of such Will

• Pre-determine the applicability of the law of the testator

• Will is revocable during the lifetime of the testator.

Why do I need a Will in the UAE?

A Last Will & Testament decides how your cash and assets are divided upon your death. This is a complex enough operation to handle back home without mishap – but, for an expat in the UAE, there’s added complications and potential penalties. If an expat dies without written instruction, UAE authorities may need to (by default):

freeze the expat’s bank account (even if it’s a joint account).

cancel the resident status of any people under the expat’s visa rule over any childrens’ custody.

start the process of dividing the estate (which can see assets transferred to distant relatives according to an arbitrary formula).

On the plus side, a lengthy process gives the spouse the ability to appeal any appropriation of the assets. So that’s something! But you get the idea – if an expat dies without a Will in the UAE, their surviving family can be thrust needlessly into the middle of a complicated and stressful legal process. So the DIFC’s Wills and Probate Registry has rightly met with much support for catering so comprehensively now for the legal needs of expats.

Two types of UAE Will

UAE Wills can be notarised and registered in either the Dubai Courts, or DIFC’s Wills & Probate Registry (WPR).

The big difference between the two institutions is jurisdiction:

Dubai Courts are the onshore heart of the UAE’s legal system, upholding and representing the country’s Sharia’h jurisprudence. Almost all legal matters are processed through the Dubai Court and its branches. Wills registered with the Dubai Courts apply to all emirates.

The Dubai International Financial Centre (DIFC) you will know as a financial Freezone, with powers to apply international rather than UAE law in financial matters. This status is based on the DIFC being an independent legal jurisdiction, complete with its own court system. UAE Wills registered with the DIFC only apply to Dubai and Ras Al Khaimah.

Drafting of Will in Dubai & Beneficiary

• Will registration in Dubai can be made with Dubai International Financial Centre’s (DIFC) Wills and Probate Registry.

• Wills and Probate Registry allow non-Muslims to register their will, which allows them to own their assets as they wish upon their death.

• Earlier UAE courts would apply Sharia Law to non-Muslims in case of death since courts did not recognize wills from outside the country.

• Registration of a will avoids the pre-set inheritance formulae which are the applicability of the Sharia Law by default.

• A beneficiary or Legatee can be any person including a minor and a lunatic

• A will can protect a minor’s interest in bequeathing property through executor/trustees till the time of attaining majority.

Advantages of the last Will Registration in Dubai:

• The entire assets in UAE covers for distribution

• Appoints guardians for minor children

• Appoints executors of Will

• Covers gift provisions, if any

• Covers special instructions, if any

• Covers detailed guidelines for distribution

• Protects your families or beneficiaries

Register a Will and safeguard your assets in the UAE.

UAE courts follow the Sharia Law in respect of the division and distribution of Assets of a Non-Muslim expatriate in the UAE where they die without a Will in place.

The UAE law allows the Non-Muslim expats to choose the laws of their home country to apply to their inheritance through a registered Wills in Dubai, UAE.

The Wills are registered before the Notary Public (Courts) in all the Emirates.

• Abu Dhabi

• Dubai

• Sharjah

• Ras Al Khaimah

• Ajman

• Fujairah

• Umm Al-Quwain

Only for individuals with assets in Dubai and/or Ras Al Khaimah

DIFC Wills & Probate Registry has been set up specifically to cater for the requirements of non-Muslims owning assets in Dubai and Ras Al Khaimah.

Benefits of registering a Will with DIFC

1. The registration of a Will give you assurance on the distribution of movable and immovable assetsas per your wish

2. The legal regime is clear and unambiguous

3. The probate process is simpler, quicker and cheaper than other court processes in the UAE

Eligibility Criteria to Register a Will in Dubai

1. You must be a non-Muslim and over 21 years

2. Your assets must be situated anywhere in the UAE

Will registration service is available for both residents and non-residents in Dubai, UAE

What can happen if you don’t have a will upon death?

1. Your bank accounts will be frozen immediately for existing or contingent liabilities (regardless of it being a joint or individual accounts).

2. Dependent visas will be cancelled.

3. Re-appropriation of assets may be unfavourable and may not stay within your immediate family.

4. Custody of minor children may go to someone you don’t prefer or the local government might have to intervene.

5. Life insurance claims may go into covering your liabilities or be counted as part of property to be appropriated by the Courts.

6. A court case appealing the automatic appropriation can take as long as five years and result in huge legal payouts.

7. Bulk of your estates might go to extended family as per Sharia law.

What are the main differences between a Dubai Court Will and a DIFC Will?

The key difference is in coverage: Dubai Court Wills cover all emirates – DIFC Wills cover only two emirates: Dubai and Ras al Khaimah.

Dubai Court

For a Dubai Court Will, a key factor to consider is that all documents relating to your case will need to be translated into Arabic. For a standard Will, translation costs around Dh1,500.

The Dubai Courts can attest the wills of both Muslim and non-muslim residents. So, if you are muslim, you can have peace of mind that Dubai Court upholds due religious process. If Arabic is a more comfortable language in your family than English, an Arabic will can help your relatives clarify estate matters. Such a Will can also be used to specify the establishment of a trust.

DIFC

DIFC’s Wills & Probate Registry is for non-muslims only (including those who never have been muslim), and is only drafted in English. The registered Will is kept in a secure file for 120 years after your date of birth.

DIFC Wills are based on UAE’s personal status law and based on the UK’s Common Law.

The DIFC provides four Will options, giving the expat plenty of scope for a sophisticated legacy strategy:

1. Full Will : All assets can be included, as well as the stated guardian of your children

2. Property Will : maximum five properties in Dubai and/or Ras Al Khaimah

3. Guardianship Will : appointing your children’s guardians in isolation

4. Freezone company Will : allowing your ownership or shareholding of freezones companies in Dubai and Ras Al Khaimah, (including the Ras Al Khaimah International Corporate Centre (RAKICC)) to pass to the right beneficiary.

These four types of DIFC Will break down into variations centring on location of registration and extent of emirate coverage. (A full breakdown of the variations within the four main will types of DIFC Will can be found here).

Where there are variations, there are varied costs. The WPR Full Will costs up to Dh10,000, with Dh15,000 for a Mirror Will – i.e. one for your spouse that “mirrors” the same terms as your own to cover you both in the event of your spouse’s death. Handily, you can spread the cost of DIFC Wills; some partner banks offer a payment structure in instalments.

As we mentioned in our recent post on tackling your parents about their own Wills, your Will must state an Executor; got anybody in mind? If you’re going to think about anything Will-related, ponder long and hard who you can trust to administer your affairs sensibly. The specified Executor need not be an expert; just someone close to you willing to engage with the relevant authorities, oversee the process of divesting the assets and acting as a central point of contact for loved ones.

Probate

When someone passes away having registered a Will at the DIFC Courts Wills Registry for Non-Muslims (the ‘Registry’), it is the responsibility of the person nominated in the Will (the ‘Executor’) to obtain the Order from the DIFC Courts (the ‘Probate Order’) to allow them to administer the estate of the deceased (a process referred to as ‘Probate’).

An application for a Probate Order is made directly to the Registry and a case file is opened. The documents are then reviewed by the allocated Case Progression Officer and if all is in order, the Probate Order and/or an Order appointing guardians (a ‘Guardianship Order’) are then granted.

If the Probate Order relates to assets outside of the DIFC, and for all Guardianship Orders, the Orders will require an ‘execution or enforcement stamp’ that is applied by the Dubai Courts. This administrative formality is the same requirement as for all Orders issued by the DIFC Courts and which are to be enforced outside the DIFC. The Executor(s) are then free to administer the estate of the deceased, and take guardianship of children (if applicable) in accordance with the terms of the DIFC Will. The DIFC Courts will also deal with any claims, further applications and objections that may arise during the Probate proceedings.

The entire Probate process is carried out in accordance with the DIFC Wills and Probate Registry Rules and all other laws applicable in the DIFC.

For further information on the enforcement of Probate Orders and Guardianship Orders please refer to the enforcement guide produced on the DIFC Courts website.

Should you require more information on the Probate Process please contact the DIFC Courts.

Costs

The cost of undertaking Probate through the DIFC Courts is likely to be considerably less than alternative judicial routes. The UAE does not operate a system of estate or inheritance tax, and the only administrative costs that you are likely to incur when completing the Probate process via the DIFC Courts are:

1) The Wills Service and DIFC Courts’ fixed fees (which are unconnected to the value of the deceased’s estate);

2) Fees of the Dubai Courts for the provision of an execution stamp on Probate Orders, and any associated translation and other incidental costs;

3) Fees of the Ras Al Khaimah Courts pursuant to arrangements for the reciprocal recognition of other UAE Court Orders, and

4) Dubai and Ras Al Khaimah Land Department fees for the transfer of property (which, in the case of the Dubai Land Department range from 0.125% to 4% of the value of the property depending on the relatedness of the beneficiary to the deceased) and such other government fees that are charged for the transfer of other assets.

5) In additional to the above fees, the Executor may wish to appoint third party professionals, including lawyers, to assist with the administration process. That would be at the discretion of the Executor and the need would reflect the size and/or complexity of the estate.

 

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