The loss of a loved one is an emotional period during which it is crucial to comply with legal requirements. In the United Arab Emirates, procedures vary depending on where the death occurred (at home, in hospital, or elsewhere). If the death occurred outside a hospital, report it to the police. The body will be transferred to a government morgue to obtain a death certificate, which must be endorsed by the police before a no-objection certificate (NOC) can be issued. After obtaining the NOC, register the death. Contact the embassy/consulate and follow the required formalities, as funeral arrangements can only be made after the death has been registered. Points to consider after a death:
1/ Insurance
In the event of death, if the deceased held a life insurance policy, we advise you to notify the insurance company as soon as possible.
2/ Bank accounts
The general procedure is that local bank accounts held in the deceased's name and joint accounts (that is, with a spouse or business partners) will be frozen as soon as the bank is informed of the death. It is therefore important to consult a lawyer regarding local inheritance and will procedures in Dubai to ensure that the funds are preserved for the rightful heirs and released as quickly as possible, thereby avoiding any financial difficulties for the surviving family.
3/ Employment
Federal Decree-Law No. 33 of 2021 regulating labour relations in the private sector now provides that immediate family members are entitled to compassionate leave.
The new labour law also sets out employees' rights in the event of death. The family must therefore cooperate with the deceased's employers to inform them of the death. Depending on the deceased's length of employment and the terms of the employment contract, it may be necessary to calculate the final salary, unused leave, end-of-service gratuity, and unpaid bonuses.
The law stipulates that all entitlements must be paid to the deceased's family within a specified period after the death or within a specified period after the employers have been informed of the death.
In addition, the employer will seek to cancel the deceased's visa, and the impact of this on any dependants must be taken into account.
4/ New Marriage
A marriage automatically ends upon the death of a spouse. To remarry, it is generally necessary to provide proof of marital status. In the event of widowhood, a duly translated and attested death certificate will be required before marriage.
5/ Divorce
The death of a spouse ends the marriage; however, the surviving spouse and children will be entitled to claim an inheritance, as explained below.
If a spouse dies during divorce proceedings in the United Arab Emirates, depending on whether the parties are Muslim or non-Muslim, specific legal advice should be sought regarding any financial claim brought as part of the divorce proceedings so that it can continue through separate proceedings relating to the deceased's estate.
Where divorce proceedings are ongoing in another jurisdiction and a final divorce judgment has not yet been issued, the proceedings will end immediately upon the death of either party. In such circumstances, the surviving spouse will still be considered a "spouse" with all the usual rights to death benefits. In addition, the surviving spouse will continue to be entitled to inherit as a beneficiary under the provisions of the deceased's last will or, if not named in the will, may bring a formal claim against the deceased's estate. In the absence of a will, the surviving spouse will benefit from the default intestacy laws applicable to the estate's assets.
6/ Family visas
If you hold a visa dependent on your spouse's visa and your spouse dies, your visa will be automatically cancelled. This also applies to the deceased's minor children. However, a recent development concerns Golden Visa beneficiaries: even in the event of the death of the spouse (sponsor), the family retains its visas until they expire.
7/ Wills
Although having a valid will is essential in any country, its importance may be even greater in the United Arab Emirates. The local default inheritance laws are based on forced heirship provisions derived from Islamic Sharia law, and these will apply to the distribution of UAE-based assets owned by Muslims, regardless of nationality, in the event of death. Individuals are permitted to prepare a will determining the succession of local assets, and in some cases international assets, to ensure that Islamic law is not the preferred basis for distribution. It is imperative to obtain specialist legal advice to guide and advise on each option and assess the option most appropriate for your specific circumstances. For the preparation of wills in the United Arab Emirates, we advise you to contact Ms Joséphine d'Angelo:
www.merritt-legal.com.
Federal Decree-Law on Personal Status Matters for Non-Muslims (Law No. 41 of 2022) addresses inheritance for non-Muslims and removes the traditional default distribution in the event of death. In the absence of a will, a surviving spouse would be entitled to half of the deceased's estate, with the other half passing equally to the surviving children. In the absence of children, the deceased's parents would inherit in their place.
8/ Guardianship arrangements for minor children
A child under the age of twenty-one is considered a minor in the United Arab Emirates. The local default inheritance laws will apply to the guardianship of minor children in the event of the death of either parent. The guardianship of children residing in the United Arab Emirates will be determined in accordance with Islamic Sharia law, regardless of their nationality; however, the appointment of guardians in a will is intended to circumvent the local inheritance laws. In the absence of a valid will, guardianship will be determined in accordance with Islamic Sharia law, and this generally means that if the father dies, the next male relative of the deceased father will be the default guardian, even if the children's natural mother is still alive. For example, if the children's paternal grandfather is alive, he will be the legal guardian of the minor children.
When appointing guardians, it is advisable to designate both temporary and interim guardians based in the United Arab Emirates, as well as permanent guardians who would have long-term responsibility for the minors until they reach adulthood. The role of temporary guardians is to ensure that people are appointed to care for the children immediately after the sudden death of both parents, and these people must therefore be local residents. Permanent guardians would assume custody in due course, particularly as permanent guardians tend generally to be family members residing outside the United Arab Emirates.
9/ Prenuptial and postnuptial agreements
For expatriates, various provisions can be drafted in a prenuptial or postnuptial agreement to protect one party in the event of the death of a spouse. Specific instructions can be given for assets or gifts to be transferred to the surviving spouse. Other financial provisions in the event of death may also be stipulated, including requiring the parties to prepare wills within a certain period of the agreement. It is important to specify the jurisdiction governing the applicable law so that there are no conflicting provisions in the event of death.
This article provides an overview of the subject and does not constitute legal advice. It should not be used as such. For specific advice concerning any of the issues mentioned above, please contact us to be put in touch with Ms Joséphine D'Angelo:
support@merritt.group.
