The United Arab Emirates (UAE) has experienced unprecedented growth and development over the past few decades, attracting expatriates from all corners of the globe. With this influx of people, there is an increasing need for estate planning and the execution of wills. However, writing a will in the UAE can have a profound impact on the distribution of real estate in the country. In this article, we’ll explore the significance of wills in the UAE and how they influence the allocation of real estate assets.
The Legal Framework
The UAE follows Islamic law, or Sharia, which governs various aspects of life, including inheritance. Under Sharia, there are predetermined rules for distributing assets among heirs, primarily based on blood ties. These rules can vary between Sunni and Shia Muslims, but both generally require a portion of an estate to be given to specific family members. However, UAE citizens and residents who wish to depart from these Sharia-based rules and allocate their assets according to their preferences must draft a legally valid will. Writing a will allows individuals to decide who will inherit their assets, including real estate properties.
Effects on Real Estate Distribution
Non-Muslim Expatriates:
Expatriates, who constitute a significant portion of the UAE’s population, often come from diverse cultural backgrounds, and may not adhere to Islamic law. For these individuals, writing a will becomes crucial, as it provides them with the autonomy to decide how their real estate assets will be distributed upon their passing. This can be particularly important in blended families or when individuals want to ensure their assets are passed on to specific beneficiaries, such as non-relatives, friends, or charitable organizations.
Avoiding Forced Heirship:
Writing a will also help UAE residents avoid the forced heirship provisions of Sharia law. Without a valid will in place, an individual’s assets, including real estate, may be distributed according to the default rules, which might not align with their wishes. By writing a will, one can ensure that their assets are distributed as they see fit.
Guardianship:
Wills in the UAE are not limited to the allocation of real estate alone. They can also specify guardianship arrangements for minor children, which can significantly impact decisions about the family home. Appointing a guardian in your will can ensure the continuity of the family’s residence, avoiding potential disputes or disruptions for the children.
Protecting Family Unity:
Estate planning through wills can also be an effective tool for preserving family unity. When assets, including real estate, are distributed according to an individual’s wishes, it can help minimize potential conflicts and disagreements among surviving family members. This can be especially important in a society as diverse as the UAE, where family structures and expectations can vary widely.
Writing a will in the UAE is a powerful tool that allows residents and citizens to exert control over the distribution of their real estate assets and other possessions. It offers a way to align one’s wishes with legal reality, ensuring that family members, friends, and other chosen beneficiaries receive what is intended for them. As the UAE continues to evolve and diversify, the importance of wills in the context of real estate distribution cannot be overstated. It provides a means for individuals to protect their legacies and preserve their values, regardless of their cultural or religious background.
