Family Estate Dispute
Family Estate Disputes in UAE
Inheritance is considered one of the most delicate topics for every individual, and families do face conflicts or challenges while distributing assets, wealth, and real estate property, either after losing a loved one or as a result of some ongoing feud. In UAE, the inheritance law is built on a unique legal framework, empowered by civil law provisions and Sharia principles, which helps families seamlessly address their disputes.
Inheritance or estate disputes often arise when members of a family disagree on how to distribute a person’s assets upon his/her demise. These conflicts often give rise to disagreements on wills, succession certificates, guardianship, custody, property rights, and others. Such conflicts often result in delaying the estate settlements, expensive litigation, and damaging the family harmony.
Therefore, at RH and HALE, we offer proficient legal services in UAE that deal with family estate disputes and help clients with their property rights and inheritance. We have proficient lawyers in our team with adequate knowledge of both Sharia Inheritance Laws for Muslims, as well as Civil Laws for Non-Muslims. Thus, it helps us be ready to embark on almost all types of complex dispute issues within a family and resolve them by legally protecting everyone’s rights.
Under our family estate disputes UAE legal services, we help you with:
- Estate planning
- Will registration
- Inheritance dispute resolution
- Voluntary mediation
- Settlement negotiation, and more.
Contact Us For Family Estate Disputes in the UAE
Our team is here to provide honest insight, practical advice, and clarity about what to expect so you can make informed decisions about your legal matter.
Key Laws Governing Estate Disputes in the UAE
Federal Decree Law No. 41/2024
This UAE law was put into action on 15th April, 2024, with the intent to provide a simplified way of resolving disputes. It provides for estate distribution, guardianship, and inheritance for both Muslims as well as non-Muslims. With the help of our lawyers in Dubai, you can leverage the structured methods of this UAE law for family estate planning & division.
Federal Decree Law No. 41/2022
The provisions of this UAE law are applicable to all non-Muslim citizens and foreigners living in the country. Under this law, the non-Muslims are given rights to invoke their home-country laws associated with personal status and inheritance. The only condition is, they must express this intention of using the home-country laws in their registered will. This offers the expatriates in the UAE flexibility in estate planning.
Cabinet Decision No. 122/2023
It is the UAE regulation, proposed to govern every procedural implementation associated with the 2022 law. Under this regulation, a person’s will must be executed prior to the inheritance distribution. With the help of our advocates in Dubai, you can enforce this regulation for completing will registration steps, managing guardianship disputes, and distribution of assets, as per the applicable law.
How do We Help Resolve Your Family Estate Dispute?
RH and HALE, being one of the best law firms in UAE, offers you a myriad of legal services to tackle your family estate disputes, which include:
1. Estate Planning
We have trained legal consultants in UAE to help you with strategic estate planning, backed by law-driven advice, fostering smooth asset distribution. Our team also ensures seamless transfer of properties even if a family owns assets in diverse jurisdictions.
2.Will Drafting & Registration
We have expert drafters to prepare a will with clear legal attributes that adhere to UAE laws & regulations. Following that, our legal team will ensure the agreement is registered for being equitable and enforceable. Thus, the future chances of litigation will be minimized.
3. Mediation
Our estate disputes lawyer UAE will act as an impartial and neutral third-party to try & help families see the legal perspective of the ongoing disputes. We will be encouraging the family members to resolve the conflict through open communication and find mutually agreeable solutions.
4. Arbitration
If the mediation fails, our lawyers will then propose arbitration as an effective approach for the healthy negotiation of estate distribution. We will help our clients choose their arbitrators or expert decision-makers, who will be taking evidence of both parties into account to provide a resolution, faster than the court.
5. Litigation and Legal Court Representation
When both mediation and arbitration couldn’t solve the family estate disputes, RH and HALE then represent their clients in Sharia or civil courts. We will be taking into account all the details, documents, and evidence to prepare a strong case and legal arguments for representing the clients’ interests before the court.
6. Legal Guidance on Succession Certificates
Succession certificates are required by UAE law prior to claiming inheritance rights or seeking distribution of estate assets. Our team of advocates in Dubai will be handling all the documentation required for obtaining succession certificates, followed by court submissions and other procedures. We can help you speed up the overall process!
Common Family Estate Disputes in the UAE
Disagreements Over Asset Distribution
Family members often enter disputes over the splitting of business rights, wealth, and real estate assets for diverse reasons. For instance, if someone demands a higher percentage of parents’ assets for being the older child, tensions might arise with the younger sibling, leading to a family estate dispute.
Challenging the Validity of a Will
For certain situations, heirs of the property often dispute and challenge the legal registration of a will, or whether it was lawfully witnessed. They might also raise a dispute on the probability that the deceased person was not in his/her sound mind while preparing the will. The UAE law enables family members to contest the improperly registered wills.
Gender-Based Estate Disputes
Under Islamic law, male heirs are to receive more than female heirs. Therefore, in most such cases, family inheritance disputes arise, especially when the female heir feels the asset distribution was unfair. Such cases of conflicts within families over potential gender inequality can be dealt with or challenged in court with the help of our legal professionals at RH and HALE.
Guardianship of Children in Family
When guardianship of minor children hasn’t been highlighted clearly in the will, the involved parties can raise a dispute on who is the appointed guardian. When the matter goes to the UAE courts, the final guardianship decision will be made based on the country’s laws that might differ from the family’s wishes.
Cross-Border Asset Distribution
Some families with property or assets in multiple countries often face more challenges with distribution. For instance, a property registered in Abu Dhabi will be distributed under the UAE law, whereas the money in a London bank account can only be inherited under UK law. Thus, disputes arise, and legal help comes to the scene!
Why Trust Our Lawyers for Estate Disputes?
Profound Expertise
We have more than 40 years of experience in handling family estate disputes and helping clients deal with inheritance conflicts.
Successful Track Record
So far, we have delivered satisfactory dispute resolutions to hundreds of families in the UAE.
Well-Versed with UAE Laws
Our team of lawyers has in-depth knowledge of the UAE laws governing family estate and inheritance disputes.
Unique Client-Driven Strategy
We understand, every case is different, and so is our legal approach, which is driven by individual objectives.
All-Rounder Assistance
From registering wills to presenting your dispute case before the court, our lawyers will assist you with full-scale legal services.
FAQs
What are inheritance or family estate disputes?
Inheritance or family estate disputes arise whenever some of the family members show disagreement towards the distribution of a person’s assets, either upon their death or for other reasons. Such disagreements or conflicts are often about the wills, guardianship of minor children, property rights, and other such issues.
How to ensure my interests will be protected in a family estate dispute?
The best way to ensure that your interests and rights will be protected in a family estate dispute is to seek legal advice from top-tier lawyers in Dubai. At RH and HALE, we have a strong team of skilled and experienced advocates to take on your case, and we try our best to prioritize your interests while abiding by UAE law.
What are some of the common reasons family estate disputes arise?
Some of the common reasons why family estate or inheritance disputes arise are:
- Lack of a registered will.
- Unequal splitting of assets.
- Outdated will
- Missing out on the succession certificate.
- Guardianship of minor children.
- No proper legal planning.
Where to find a good family lawyer for handling my inheritance and estate disputes?
RH and HALE is the best law firm in UAE with a team of qualified legal consultants to take on your family estate disputes. We have a successful track record of handling complex dispute cases, and are also well-versed in the ever-growing UAE laws to provide you with the best legal outcomes.