The demise of an expatriate in Dubai

Coping with the loss of a loved one is an emotional period where adhering to legal requirements is crucial. In the United Arab Emirates, procedures vary depending on the place of death (at home, hospital, or elsewhere). In case of a non-hospital death, it’s important to report it to the police. The body will be transferred to a government morgue to obtain a death certificate, endorsed by the police to issue a No Objection Certificate (NOC). Once the NOC is obtained, the death must be registered. Contact the embassy/consulate and follow the formalities, as funeral arrangements can only proceed after the death is registered. Points to consider after the passing:

1/ Insurance

In the event of a death, if the deceased had a life insurance policy, we recommend notifying the insurance company as soon as possible.

2/ Bank accounts

The general procedure is that local bank accounts in the name of the deceased and joint accounts (i.e., with spouses or business partners) will be frozen as soon as the bank has been informed of the death. Therefore, it is important to seek legal advice to understand the local inheritance and will procedures in Dubai to ensure the preservation of funds for rightful heirs and to ensure their swift release, thus avoiding any financial hardship for the surviving family.

3/ Employment

Federal Decree No. 33 of 2021 governing labor relations in the private sector now provides for immediate family members to be entitled to compassionate leave.

The new labor law also delineates the rights of employees in case of death. Therefore, the family should collaborate with the deceased’s employers to inform them of the death. Depending on the duration of the deceased’s employment and the terms of the employment contract, calculating final salary, outstanding leave balances, end-of-service gratuity, and unpaid bonuses may be necessary.

The law mandates that all entitlements be disbursed to the deceased’s family within a specified period after death or within a specified period after employers have been informed of the death.

Additionally, the employer will seek to cancel the deceased’s visa, and the impact of this on any dependents must be considered.

4/ Remarriage

Marriage automatically terminates upon the death of a spouse. To remarry, it is usually 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 terminates the marriage; however, the surviving spouse and children will have the right to claim inheritance, as explained below.

If a spouse passes away during the divorce process in the United Arab Emirates, depending on whether the parties are Muslim or not, specific legal advice should be sought regarding any financial claim brought within the divorce proceedings, to determine whether it can continue under a separate proceeding related to the deceased’s estate.

In cases where divorce proceedings are ongoing in another jurisdiction and a final divorce decree has not yet been pronounced, the proceedings shall immediately cease upon the death of one of the parties. In such circumstances, the surviving spouse will still be considered a “spouse” with all usual entitlements to death benefits. Furthermore, the surviving spouse will continue to be entitled to inherit as a beneficiary under the terms of the deceased’s last will, or if not named in the will, may make a formal claim against the deceased’s estate. In the absence of a will, the surviving spouse shall benefit from default intestacy laws applicable to the succession of assets.

6/ Family visa

If you hold a dependent visa based on your spouse’s visa and your spouse passes away, your visa will be automatically canceled. This situation also applies to the minor children of the deceased. However, a recent development concerns Golden Visa beneficiaries: even in the event of the spouse’s (sponsor’s) death, the family retains the visas until their expiration.

7/ Wills

While having a valid will is crucial in any country, its significance is perhaps more pronounced in the United Arab Emirates. Default local inheritance laws are based on mandatory inheritance provisions derived from Islamic Sharia law, and these apply to the distribution of assets located in the UAE owned by Muslims, regardless of their nationality, in the event of death. Individuals are permitted to draft a will determining the succession of local assets, and in some cases, international assets, to ensure that Islamic law is not the preferred basis of distribution. It is imperative to seek specialized legal advice to guide and advise on each option and assess the most appropriate one for your specific circumstances. For will drafting in the United Arab Emirates, we recommend contacting Maître Joséphine d’Angelo: www.merritt-legal.com.

The Federal Decree-Law on Personal Status Matters for Non-Muslims (Law No. 41 of 2022) deals with inheritance for non-Muslims and eliminates the traditional default distribution upon 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 to the surviving children in equal shares. If there are no children, the deceased’s parents would inherit in their place.

8/ Guardianship provisions for minor children

In the United Arab Emirates, children under the age of twenty-one are considered minors. Default local inheritance laws apply to guardianship of minor children in the event of the death of either parent. Guardianship of children residing in the UAE is determined in accordance with Sharia law, regardless of nationality. However, appointing guardians in a will aims to circumvent local inheritance laws.

In the absence of a valid will, guardianship is determined according to Sharia law. This generally means that in the event of the father’s death, the next male relative of the deceased father becomes the default guardian, even if the natural mother of the children is still alive. For example, if the paternal grandfather of the children is alive, then he would be the legal guardian of the minor children.

It is advisable, when considering the appointment of guardians, to designate both temporary, interim guardians who are UAE-based, as well as permanent guardians who would have long-term care of the minors until they reach adulthood. Temporary guardians ensure that individuals are appointed to care for the children immediately after the sudden death of both parents, and therefore need to be locally resident. Permanent guardians would assume care over time, especially as they generally tend to be family members residing outside the UAE.

9/ Prenuptial and Postnuptial Agreements

For expatriates, various provisions can be included in a prenuptial or postnuptial agreement to safeguard one party in the event of a spouse’s death. Specific instructions can be provided for assets or gifts to be transferred to the surviving spouse. Other financial arrangements in case of death can also be specified, including the requirement for the parties to draft wills within a certain timeframe of the agreement. It is important to specify the jurisdiction for the applicable law to avoid conflicting provisions in the event of death.

This article provides an overview of the subject matter and does not constitute legal advice. It should not be relied upon as such. For specific advice regarding any of the issues mentioned above, please contact us to connect you with Maître Joséphine D’Angelo: support@merritt.group.