Sharia Compliant Wills in UAE for Muslims

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David Malloch and Elizabeth Ann Malloch

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Sanjaykumar Goyal and Usha Sanjay Goyal

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Jawad Kramat

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Luis Herrera

“Everything went extremely well and our Property Mirror Wills were duly signed and witnessed. Thank you Legal Inz for dealing with our Wills so efficiently and professionally”

Keith Wallis and Diane Wallis

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Sunil Kumar Velloth

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Kim Thompson

“Legal Inz provided me an extremely efficient and cost-effective service ensuring that I understand all aspects of estate planning and protection of my assets in the UAE. I would recommend Legal Inz thoroughly. ”

Pushkar Naidu

“I created my will and powers of attorney with Legal Inz. They saved a lot my time by taking instructions through the website. The lawyers took care of the entire process making it simple and easy. I will surely be back if I need anything further. ”

Liang Chen

“I contacted Legal Inz by filling in their online form. Once that was done from my side, the entire process of writing my Will was smooth. The lawyers answered all my questions, made all arrangements for the registration of my Will with the DIFC WPR and the whole process was completed without any hassle. I will surely be back if I need any further help. ”

Dr. Bhoopal Reddy - United Kingdom

“The Legal Inz online form was straight forward and we found it really easy to fill it in. Legal Inz made the entire process of registering my Will and Power of Attorney quite seamless. I am quite happy with the quality of service received. I will be back if I need any other legal assistance ”

G Pranav

“Thank you for your assistance with the creation of my Will, I have found the whole process very efficient. ”

Steven Parkinson

“Legal Inz provided us with highly practical advice. We were very pleased with the level of service that we received. The lawyers were always available to answer queries via email or by phone. We were pleasantly surprised at their follow-ups throughout the whole process and the fee charged was highly competitive. We would highly recommend Legal Inz.”

Emiliano and Liliana Marquesini

“Legal Inz provided a timely and efficient service while preparing my Will. A nice cost-effective solution for everyone in order to protect their families and UAE assets! ”

Eagle Gu

“We found the process of writing our wills to be extremely easy. The service provided by Legal Inz is very convenient.”

Gregor and Marijana Glavac

“Legal Inz provided us with a timely and efficient legal advice. The entire process was handled in a professional manner and we would recommend Legal Inz.”

Shivanand R Challamarad

“Legal Inz handled the process of preparing my UAE Will very efficiently. The service was prompt and professional. I would certainly recommend Legal Inz.”

Balakrishna Salehittal

“I got in touch with Legal Inz by sending a simple enquiry through the website. They got in touch with me shortly afterwards and made the whole process of writing our UAE wills really convenient. The only time we had to step outside our residence was to sign the wills before the notary public.”

Venkataraman Subramanian

“Legal Inz helped us with our UAE wills. The advice was appropriate and we found the overall service to be very convenient and reliable. All went well with reference to notarizing in UAE as well.”

Milan and Preeti Kothari

“I felt that I should write to thank you and the team at Legal Inz for writing our UAE wills and advising us. We found the service very convenient and the lawyers handled the entire process highly professionally. You gave us useful advice about the notary as well which we would not have known as we do not live in the UAE. Thank you very much.”

Ian and Janet Dooge

“Legal Inz Law firm helped me to do my Will. I was impressed with the process they adopted, and the explanations and guidance they provided on all aspects. What I imagined to be a difficult matter to accomplish turned out to be fairly easy. Thanks to Legal Inz and their user friendly approach.”

Dennis A Soares

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See if your situation is similar to Ahmed

Ahmed is married to Zahra and has two (2) children, aged 6 and 10. They all live in the UAE. Ahmed wants to ensure that, upon his death, Zahra (i) receives all his assets in the UAE; and (ii) become the legal guardian of his children.

What steps should Ahmed take to ensure that Zahra receives all his assets in the UAE and also become the legal guardian of his children?

Guardianship Will

Ahmed needs to correctly understand and act on the following:

1. Guardianship of Children

Ahmed should write a Guardianship Will to appoint Zahra as the legal guardian of his children. If Ahmed fails to do so, his father (Salah) may become the legal guardian of his children after his death. In such a case, Zahra may only keep custody of her children subject to Salah’s legal guardianship. This may not be desirable by Ahmed and Zahra given the potential practical and legal complications. To avoid this, Ahmed must appoint Zahra as the legal guardian of his children after his death through a Guardianship Will in the UAE.

2. Distribution of Ahmed’s Assets

The Sharia law allows Ahmed to give up to 1/3 of his assets to someone outside his legal heirs (such as charity or distant relatives). None of Ahmed’s legal heirs (including Zahra and his children) can be given more share in his assets than what they are entitled to under the Sharia law. For example, Zahra is entitled to 1/8 of Ahmed’s assets after his death. This cannot be changed by Ahmed through a Sharia compliant Will. However, Ahmed can give his entire assets to Zahra through a Gift Deed (Hiba) – see Step 2 – Gift Deed (Hiba).

Gift Deed (Hiba)

Since Ahmed cannot pass his entire assets to Zahra through a Sharia compliant Will, he can do so by the following means:

1. Unregistered Assets

All of Ahmed’s personal and household items (everything he has at home) are his unregistered assets. These assets will be distributed to all legal heirs of Ahmed as they will remain his personal property and form part of his estate upon his death. Zahra will be entitled to 1/8 of these assets only. This can make things difficult for Zahra as these items would be essential part of Zahra and her children’s day-to-day use. Zahra will be under a legal obligation to give away the shares of Salah, Ahmed’s mother and other legal heirs (if any) determined under Sharia law. To avoid the situation, Ahmed must gift all these personal and household items to Zahra through a Gift Deed during his lifetime.

2. Registered Assets

The registered assets of Ahmed include his apartment, company shares, bank account and vehicle. Ahmed can also gift his apartment, company shares, vehicle and the cash in bank account to Zahra. However, Ahmed has to transfer the ownership of the apartment, company shares and the vehicle to Zahra in the relevant Government Departments during his lifetime to ensure the validity of this gift. Otherwise, such a gift may not be enforceable. Gift Deed is thus the only way for Ahmed to ensure that Zahra gets 100% of the relevant asset instead of a 1/8 share only.

Power of Attorney

Given that Ahmed has an apartment, company shares and two (2) vehicles, he may also be well advised to give Zahra the following powers of attorney:

1. General Power of Attorney

Given that Ahmed owns a business and has some other issues where he wants Zahra to represent himself, he should also give Zahra a general power of attorney to ensure that Zahra can manage Ahmed’s business and can take other actions that Ahmed wants Zahra to take in the event Ahmed is either outside the country or is unable to take action due to some illness.

2. Property buy/sell/manage Power of Attorney

Ahmed should sign this power of attorney to ensure that Zahra can manage the apartment or transfer the apartment to herself as a gift. This power of attorney will be crucial in the event Ahmed is either outside the country or is unable to take action due to some illness. If Ahmed has already decided to transfer the apartment to Zahra as a gift, Zahra should give this power of attorney to Ahmed to enable Ahmed to manage the apartment. It should be noted that the powers of attorney expire on the death of the individual signing (principal). The powers of attorney are merely tools to deal with situations arising when the principal is alive and wants the spouse to manage things on his/her behalf.

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Five (5) facts about Sharia compliant Wills in UAE

Ahmed is married to Zahra and has two (2) children, aged 6 and 10. They all live in the UAE. Ahmed has wants to pass all his property to Zahra upon his death. Ahmed is not sure as to who will be the legal guardian of his children after his death. Ahmed needs to keep in mind the following five (5) facts about distribution of his property (estate) after his death:

1. Ahmed can make a Will for 1/3 of his property only

Being a Muslim, Ahmed cannot make a Will in the UAE for more than 1/3 his property. Any such Will can only be made by Ahmed in favour of a charity or someone outside his legal heirs. Ahmed cannot make a Will in favour of Zahra.

2. Ahmed’s legal heirs cannot be given more in a Will

Here is the most crucial part as Ahmed wants to pass all his property to Zahra after his death. As mentioned above, Ahmed cannot make a Will in favour of Zahra. This is because, as a Muslim, Ahmed is not permitted to give anything more to a legal heir than what he/she is entitled to under the Sharia law.

3. Ahmed can give his entire property to Zahra as gift

Ahmed must gift all his property to Zahra through a Gift Deed during his lifetime. Otherwise, everything he will leave behind (including personal effects, household items and real estate) will be distributed amongst all his legal heirs according to the Sharia law. Gift Deed is the only way for Ahmed to ensure that Zahra gets 100% of the relevant property instead of a 1/8 share only after Ahmed’s death.

4. Ahmed must appoint guardians for his children through a Will

Ahmed should still write a Sharia compliant Will to appoint Zahra as the legal guardian of his children. In the absence of this Will, Ahmed’s father (Salah) may become the legal guardian of his children. In such a case, Zahra may only keep the custody of her children subject to Salah’s legal guardianship. This may not be desirable to Ahmed and Zahra given the potential practical and legal complications. To avoid this, Ahmed must appoint Zahra as the legal guardian of his children through a Sharia compliant Will in the UAE.

5. Powers of Attorney

Given that Ahmed runs his own business and has an apartment, he may also be well advised to give Zahra the following powers of attorney: (1) General Power of Attorney(2) Property buy/sell/manage Power of Attorney These powers of attorney will ensure that Zahra will is able to take control of situation where Ahmed is either outside the country or is unable to take action due to some illness.

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