Experts have said that law firms offering to draft wills that guarantee the assets of non-Muslim expatriates will not be subject to Sharia in the event of their death are deceiving their customers. Any expat wishing to guarantee their assets are not subject to Sharia Law should register them at DIFC to guarantee assets.
At present, there is no registry of wills for non-Muslim expatriates in Abu Dhabi, which means that any law firm claiming that they can secure their clients’ assets in the emirate are misleading them.
"Previously, there was no clear mechanism for the registration of wills for non-Muslims in Abu Dhabi," said Hesham Elrafei, a legal expert and founder of legal video channel Lex Animata. "Instead, Sharia determines how a deceased non-Muslim’s assets in Abu Dhabi are distributed."
However, non-Muslim expats could request the application of the law of their home country, in keeping with the UAE’s personal status law, said Mr Elrafei. Though few expats are actually aware of this clause. In any case, "they still have to bring in a certified last updated copy of the law in their home country, have it translated and then certified. It is an uncertain, lengthy and expensive process", said Mr Elrafei. In most cases, Sharia would apply and the court would immediately freeze any assets, including the end of service gratuity, of the deceased to ensure that all the heirs are contacted before the estate is distributed.
Some lawyers are advising that wills are under the jurisdiction of the UAE’s federal law, but this is not possible. Even for non-Muslim expats who have assets in Abu Dhabi and Al Ain, they must have their wills registered exclusively in the capital, said Mr Elrafei.
The only registration system for wills in the Middle East and North Africa is The Dubai International Financial Centre’s wills and probate registry, a Dubai Government entity. Sean Hird, the registry’s director, said that since its inception in 2015 2,500 wills have been registered. "Abu Dhabi didn’t have a registration system. They followed UAE-wide policy on inheritance, which is Sharia that provides for fixed distribution of assets when someone passes away," he said.
"The registry is the first of its kind - a system that allows eligible non-Muslims to register a will with us and have it enforced in the DIFC courts. "The registration system we have here is limited to assets in Dubai and Ras Al Khaimah. We do not extend to Abu Dhabi."
This year, Sheikh Mansour bin Zayed, Deputy Prime Minister and Minister of Presidential Affairs, announced the establishment of a court in Abu Dhabi to deal with non-Muslim family law and inheritance affairs. Legal experts hope that it will address the inheritance matters of non-Muslim residents.
"The establishment of a new family court dedicated to non-Muslims is a unique and great initiative that not only reflects the UAE values of tolerance and modernisation, among others, but it will also facilitate the registration of wills for non-Muslims in one official hub," said Mr Elrafei.
"We are hopeful that non-Muslim expats will feel more secure as Abu Dhabi Courts will protect their registered wills according to their choice and not Sharia, as previously was the case."