Saturday, 2 June 2012

Inheritance law in UAE is complicated by contradictions - The National

"A lawyer must ensure that the client comprehends the lawyer's advice and recommendations." That rule, or one like it, appears in most codes of conduct for legal professionals.

It seems obvious, doesn't it? But I must admit that my best efforts to ensure that my clients understand my advice have sometimes failed, and on one subject in particular. So bear with me while I try to explain why the UAE courts have decided that an important law should apply to marriage and divorce but not to inheritance.

The UAE's Sharia-based Personal Status Law (No. 5 of 2005) covers marriage, divorce and succession. Article 1 says the law applies to non-Emiratis - unless they choose their home-country's law. (It also applies to all Emiratis "except where non-Muslim Emiratis have special rules relating to their specific creed or sect".)

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