Host
Text in questions of a legal nature, get them in as soon as possible. We’ve got a lot to get through and a number of topics we want to tackle. Let’s get to the Legal Hour.
Ali Al-Assad is back. You know what? It’s been quite a while since we’ve seen you. Welcome back! Nice to see you.
Ali Al-Assad
Thank you for having me, Adan.
Host
Very welcome. Generally speaking, Ludmila is here, but we’ve got rid of her this week. The floor is yours, Ali. It’s nice to have you here.
Questions of a legal nature—whether about property, employment, or other topics—are welcome. It’s a very open hour, so get in touch with us at 4001 via the free app or call 423 1010. Ali is here to answer your questions.
Host
Our topic today covers the complex issue of inheritance, particularly in cases where someone passes away without a will. Ali, let’s start with this: What happens upon the death of a non-Muslim who does not have a will?
Ali Al-Assad
This is an important topic because even with the DIFC Wills Registry providing reassurance about asset distribution, many individuals still pass away without a will. When this happens, the default system in Dubai courts applies Sharia law for property distribution unless specified otherwise.
If the deceased has property in Dubai, it will generally be distributed as per Sharia unless there’s a DIFC-registered will. Let’s say the deceased leaves behind a wife, son, and daughter, but no parents or siblings. Sharia law allocates specific shares:
- Wife: 1/8 of the inheritance
- Son: Two-thirds of the remainder
- Daughter: One-third of the remainder
If heirs wish to distribute assets differently, they can appear before the court and mutually agree on a settlement. This agreement is then formalized by the judge.
Host
What if the heirs can’t agree?
Ali Al-Assad
If there’s no agreement, Sharia law dictates the division. For example, if a man leaves behind a wife, son, daughter, father, and mother:
- Wife: 1/8
- Father: 1/6
- Mother: 1/6
- Son and Daughter: The remainder is divided 2:1 between them.
Host
What if someone has a will from their home country?
Ali Al-Assad
A foreign will can be valid for movable assets like bank accounts, vehicles, and shares if it’s properly attested and uncontested by the heirs. However, for real estate in Dubai, Sharia law applies unless a DIFC will has been registered.
Host
Shifting gears, what does Sharia law say about the custody of children after a parent’s death?
Ali Al-Assad
By default, custody of young children typically goes to the mother or the closest female relative. However, guardianship—a separate matter—usually goes to the father or the closest male relative on the father’s side.
If both parents pass away, the court determines the guardian based on the child’s best interests, prioritizing qualified family members.
Host
What happens to joint accounts when one account holder passes away?
Ali Al-Assad
If the account is joint, the court will order half of the balance to be transferred to the court’s account for distribution as inheritance. The surviving account holder retains the other half.
Host
Ali, this has been incredibly insightful. Thank you for answering such a wide range of questions.
Ali Al-Assad
Thank you for having me. It’s always a pleasure.