Sharia & Uk Compliant Wills
Don’t let others decide who your assets should be distributed to. Construction of a will is a simple and cost effective process that will ensure you wishes are respected in the event of death.
PWS Group work with carefully selected legal partners to provide will services for expats.
For expats living with the UAE The Government of Dubai official website states that ‘The UAE courts will adhere to Sharia law in any situation where there is no will in place’.
This means if you die without a Will, the local courts will distribute your estate and appoint guardians according to Sharia Law principles. The distribution of your estate in accordance with Sharia Law principle can have some, often surprising and unwanted implications. All personal assets of the deceased, including bank accounts, will be frozen until liabilities have been discharged. A wife who has children will qualify for only 1/8th of the estate, and without a Will this distribution will be applied automatically. Even jointly held assets will be frozen until the issue of inheritance and succession is determined by the local courts. Unlike other jurisdictions the UAE does not recognize the survivorship rules which ultimately means that there is no automatic transfer of joint assets to the joint survivor. If you own a business, whether this be a Free Zone Company or an LLC, in the event of a shareholder or director’s death, local probate laws apply and shares do not pass automatically by survivorship nor can a family member take over in lieu.
The Sharia Law principles regarding guardianship of bereaved children importantly state that on the death of the children’s Father, the Mother has no automatic entitlement to legal guardianship of her own children.
It is prudent to have a will to protect your assets and children and be prepared today for all that may and can happen tomorrow.