Inheritance and Wills in the UAE | Legal Services from Juma Al Naqbi Advocates & Legal Consultants

Issues of inheritance and legacies

Federal Law No. (28) of 2005 concerning Personal Status, and its amendments, according to the latest amendment by the decree of Federal Law No. (52) of 2023.

Law No. (41) of the year 2022 regarding Personal Status Law, and its executive regulations issued by the decision of the Council of Ministers No. (122) of the year 2023.

Decree Law No. (35) of the year 2022 regarding the issuance of the Evidence Law in civil and commercial transactions.

Issues related to inheritance and legacies constitute a significant part of the legal system, intertwining legal and religious aspects, and deeply affecting family relationships. In the United Arab Emirates, these issues are subject to a precise legal framework that reflects the balance between Islamic law and civil laws, while ensuring the rights of all parties concerned are respected. However, these matters do not merely pertain to the distribution of properties among heirs; they encompass complex aspects that require a profound understanding of the law and wisdom in managing situations to ensure the attainment of justice and the protection of everyone’s rights.

At Juma Al Naqbi Advocates and Legal Consultants, we take pride in providing specialized legal advice and comprehensive services in the field of inheritances and legacies, benefiting from extensive experience that spans twenty years in this area. We are committed to delivering fair and equitable legal solutions aimed at protecting the rights of all concerned parties while preserving family relationships and avoiding disputes that may arise due to unclear procedures or legal interpretations.

The legal framework for inheritance issues in the Emirates

In the United Arab Emirates, the regulation of inheritance matters primarily relies on Islamic law, which stipulates the shares of heirs according to their kinship and the relevant legal texts. However, there is also a legal framework that allows non-Muslims the option to apply their home country laws to the estate, providing flexibility in handling these matters. This is all organized through the pertinent federal laws, the most notable of which is Federal Law No. (28) of 2005 on Personal Status, which outlines the necessary procedures for distributing estates according to the law or wills.

Procedures for the division of the estate at Juma Al Naqbi Advocates & Legal Consultants

1. After settling the debts, Juma Al Naqbi Advocates & Legal Consultants will begin distributing the estate in accordance with what is stipulated by Islamic law or the will of the deceased, if any exists, while taking into account the rights of each heir and any specific instructions regarding indivisible assets such as real estate or family businesses. The office will also work on resolving any disputes that may arise between the heirs or other parties, through mediation or arbitration, prior to resorting to escalation to the courts.

Common Challenges in Inheritance Cases

1. Dealing with various inheritance issues presents several challenges, the most significant of which are family disputes regarding the shares or management of assets. These disputes may lead to a complicated case and prolong the proceedings. Additionally, the estate may involve complex assets such as family-owned businesses or multiple properties, making their distribution more difficult. Furthermore, outstanding debts owed by the deceased can impose an additional burden on the heirs' rights, complicating the process of dividing the estate.

Common Challenges in Inheritance Cases

1. يتمتع مكتب جمعة النقبي بخبرة طويلة ومتخصصة في التعامل مع قضايا التركات والمواريث، ويعتمد على استراتيجيات قانونية محكمة تهدف إلى حماية حقوق العملاء وتحقيق العدالة. نعمل على تقديم استشارات قانونية متكاملة ومبنية على فهم عميق للوضع الشرعي والقانوني للمتوفي وعائلته. كما نتميز بقدرتنا على إدارة النزاعات العائلية بحكمة، حيث نسعى لحل أي خلافات بين الورثة بطرق ودية وفعّالة، مما يساعد على تجنب التصعيد القانوني في محاكم الدولة.

Summary

Juma Al Naqbi Advocates & Legal Consultants enjoys extensive and specialized experience in dealing with inheritance and estate matters, relying on legal strategies aimed at protecting clients' rights and achieving justice. We strive to provide comprehensive legal consultations based on a deep understanding of the legal status and rights of the deceased and their families. We also distinguish ourselves by our ability to manage family disputes wisely, seeking to resolve any conflicts among heirs in a friendly and effective manner, which helps to avoid legal escalation in the state's courts.

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