Inheritance Recovery - Volister & Co Legal

Inheritance Recovery

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INHERITANCE RECOVERY

Dubai is governed by the Shariah Law, which is an Islamic religious Law. It was borne out of the Islamic tradition governing all aspects of life. It regulates all of human activity, national and international, public and private, criminal and civil and is applied by courts. Ultimately, it has its own standards in resolving and enforcing sanctions on various cases. As such, in cases of Inheritance and Wills, certain rules apply. These cases take into consideration the allocation and distribution of shares/properties specified by the defendant or deceased to his family, company and others, following the rules of Shariah Law.

It is standard practice that an individual should be represented by a Saudi licensed and registered lawyer as proceedings will be done according to the rules and regulations of Dubai. We are a law firm that specializes in all UAE law issues and Shariah law, with top lawyers who can navigate through the intricacies of the Saudi legal and judicial systems. Our expertise is solely based on Shariah Wills and Inheritance.

In Dubai's inheritance law, once a letter of administration has been obtained and an administrator has been appointed, inheritance are distributed in the following manner according to the following circumstances:

  • 1. Survived Only by Parents: if the deceased is survived by only Parents, the parents will be the beneficiary of the inheritance.
  • 2. Survived Only by Spouse: If the deceased is survived by Spouse, the spouse will be entitled to the inheritance.
  • 3. Survived Only by Children/Grandchildren: Children/Grandchildren will be entitled to the inheritance and the inheritance are divided among children/grandchildren in equal shares.
  • 4. Survived Only by Parents + Spouse:The inheritance will be divided accordingly between both parties ;- 1/2 Parents and 1/2 Spouse
  • 5. Survived Only by Spouse + Children/Grandchildren:The inheritance is divided as follows; 1/3 Spouse, 2/3 Children/Grandchildren (to be divided among children/grandchildren in equal shares)
  • 6. Survived Only by Parents + Spouse + Children/Grandchildren:The inheritance is divided as follows; 1/4 Parents, 1/4 Spouse, 1/2 Children/Grandchildren (to be divided among children/grandchildren in equal shares)

Note that in the circumstances listed above, while the parents, spouse and children are entitled to inheritance of their deceased, the Dubai Shariah law restricts direct involvement of MALE/MEN below 35 years old and FEMALE/WOMEN in the above circumstances to be presented as a beneficiary to inheritance claims. Therefore, in the procedure of inheritance cases, if the only surviving party is a man below 35 years old or a woman/lady, the law requires such person to present a MALE/MAN above 35 years old as next-of-kin or beneficiary for the inheritance claim.

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