The enactment of Federal Decree – Law No. (41) of 2022 on Civil Personal Status, which has been in force since the 1st of February 2023 has certainly been a huge step in the right direction for many of us residing in the UAE. The above relates to UAE Non-Muslim residents who pass away in the UAE without having concluded a valid will. Many questions arise following this enactment, such as whether a legally concluded foreign will is accepted in the UAE. <br> <br>The courts have reportedly announced the inauguration of an inheritance department specifically aimed at non-Muslim individuals. The focus of this establishment is to provide individuals with clear statutory provisions and guidance, which should enable them to apply the laws of their respective home countries during the probate procedure. <br>This inauguration is said to simplify the current process, and non-Muslim applications as they relate to such enforcement may be accepted under a certain set of conditions and controls. An Estate File must be opened upon request by a person with a vested right in the estate for example. <br> <br>As a general approach, and further to the enactment of statutory provisions confirming the above, the current stance is that each matter must be viewed by its own merits, after which the court may confirm the necessary documents required to proceed. <br> <br>By way of recap, on the 1st of February 2023 the strict application of Sharia Law to all non-Muslim residents in the UAE was altered to make provision for the automatic inclusion of a spouse, children, parents, and siblings. This closely resembles the statutory framework on intestate succession of many common-law countries. <br> <br>The article thereto may be found below: <br> <br>2023 Changes to Inheritance Law <br> <br>We will provide further information as the legislative framework develops. <br> <br>This article is an overview of the subject matter and does not constitute legal advice, and should not be relied upon as such. For specific advice in relation to any of the issues highlighted above, please contact Romano Xavier Dolbey of the Wills and Inheritance Department <br> <br> <br>[a]https%3A%2F%2Fjamesberrylaw.com%2Fnews-details%2F1337%2Fchanges-to-non-muslim-inheritance-law-in-the-uae-%25E2%2580%2593-enforcement-of-foreign-wills[/a]

While the enactment of Federal Decree – Law No. (41) Of 2022 On Civil Personal Status inheritance has altered the channels of inheritance for non-Muslim residents, the procedure following a death remains unchanged, unless indicated otherwise by the relevant authority. It therefore remains essential to conclude a legally drafted will, to avoid the laborious processes involved in the absence of a will by the testator. <br> <br> <br>Once a will has been executed and registered with either the Dubai International Financial Center’s (DIFC) Wills Service Center (WSC) or Abu Dhabi Judicial Department <br>It&#039;s advised to review one’s will as frequently as possible, and to amend it is little as necessary. In other words, concluding an effective will means that one’s final wishes are set out in a clear, and concise manner, leaving little room for error. <br> <br> <br>Should the unavoidable occur, for instance, in the event that new legislation is enacted, it is the duty of the testator to seek legal assistance in order to ensure that his/her will is still valid, especially if such legislation may have a direct influence on the outcome of the will itself. Following the enactment of the recent statutory provision indicated, many concerns have been raised as to the validity of previously executed wills, and numerous requests have been received to review such wills. <br> <br> <br>Guardianship is aimed at avoiding the general Sharia law principles that automatically come into play should someone pass away without having concluded a valid will. This is apparent in the below scenario, and is one of many examples. <br> <br> <br>While there exists a rebuttable presumption in some common law jurisdictions, the same may not always apply in the UAE. One such example is the common law principle of the “Nasciturus Fiction/Adage.” This principal states that a child who was born alive and conceived prior to a testator’s death is considered to have obtained rights from the moment it was conceived. In other words, there exists a rebuttable presumption that children conceived during the death of a testator will stand to inherit from the estate of the testator. <br>It is strongly advised to take the necessary precautionary steps, and to reach out to a legal professional to review one’s will. <br> <br>This article is an overview of the subject matter and does not constitute legal advice, and should not be relied upon as such. For specific advice in relation to any of the issues highlighted above, please contact Romano Xavier Dolbey of the Wills and Inheritance Department <br> <br> <br>[a]https%3A%2F%2Fjamesberrylaw.com%2Fnews-details%2F1331%2Fupdate-your-will-%25E2%2580%2593-the-deleterious-effects-of-stagnation[/a]