NRI in Dubai? Keep a will ready, just in case
- Will made in India is not valid in UAE.
- The estate of the deceased is divided among the family members under the Shariah law.
- Joint assets are frozen until inheritance is decided under the Shariah law.
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Are you an NRI living in Dubai? Then, to avoid future complications and to protect your family even after you are gone prepare your will. Though this is not the priority for many, it has significant implications for financial well-being.
NRIs, living in Dubai having big homes, cars and other valuables and will legally prepare back in India also may not serve any purpose in this commercial capital of UAE. To secure your assets in Dubai, you need to have a Dubai International Financial Centre (DIFC) will.
In the case of absence of DIFC will, the Shariah law takes over, and the final decision on the property ownership of a deceased will be taken by local courts that adhere to Shariah law. Unlike India, UAE does not recognise the concept of ‘right of survivorship’ which means passing of property to the joint owner in case of the death of one owner. Therefore, such property’s ownership is decided by the local courts.
Shariah law and property of a deceased:
According to the Shariah law, the property left behind by a deceased is divided among the surviving family. If a husband dies, the wife’s children get one-eighth of the estate, and if the wife dies, the husband gets one-quarter of her estate.
The rest of the property is divided between other family members including parents and children. After all the division what is left is goes to the children and sons, get a bigger share than daughters.
Apart from this, joint assets are often frozen under Shariah law until inheritance is determined as per the Personal Status Courts of First Instance. This usually is a time-consuming, costly affair.
How to protect your property?
The NRIs and expats can protect their Dubai and Ras Al Khaimah property by making a will and registering it at DIFC Wills and Probate Registry (DIFC WPR). The non-Muslims NRIs and expats can secure their property and chose beneficiaries by registering a will at DIFC WPR.
