Month: July 2017

coins2-blog

What can you Inherit in the UAE

The question of inheritance is raised frequently, particularly regarding what happens if a family member dies and has not made a will. In that situation, the law of the country in which you are residing will have a major impact on any inheritance and the distribution of the deceased assets. Making a will can ensure that assets are distributed according to the wishes of the deceased but it is relevant to note that some types of assets may still fall under the laws of the land in which you are residing (for example, immoveable assets).

In the UAE, if a non-Muslim dies leaving assets which have to be distributed among their heirs, as per Article 17/1, a request has to be made to the court to follow their home country laws, failing which, the assets will be distributed according to Sharia law. Moreover, Article 17/5 has put some limitations on the freedom of disposition of assets which include properties here in UAE.

Below is an example which will explain the beneficiaries under Sharia law,

Case 1:
If the deceased person has a family of father, mother, wife and three children (1 brother and 2 sisters) then,
1/8 share will be given to wife, 1/6 share will be given to mother and father and the remaining share will be divided among brother and sisters where the brother will get double the amount of the shares the daughters are entitled to.

Case 2:
If the deceased does not have any children then,
1/4 share will go to wife, 1/3 share will go to mother and the remaining assets will pass to the father

Case 3:
If the deceased has no wife or children but a surviving father and mother then,
1/3 share will be given to the mother and the remaining wealth will be given to the father

Case 4:
In the event the deceased is survived solely by his mother and wife
1/3 + R will be given to mother and 1/4 + R will be given to wife

Case 5:
Where the deceased leaves behind a father, mother, wife, and daughters,
Daughters will get half of the total amount whereas 1/6 share will be given to the mother, 1/8 share will be given to wife, the and 1/6 share plus the remaining amount will be given to the father

Case 6:
If survived by a father, mother, wife, and son,
1/6 share will be given to the father, 1/6 share will be given to the mother, 1/8 share will be given to wife and the remaining amount will go to the son.

Case 7:
If there are no parents and only a wife and children assuming there is a son then the wealth will be distributed among them. In case there is no father and son then uncles will also take the share and the equation will be,
1/6 share will be given to the mother, wife will be given 1/4 share and the remainder will be distributed among the siblings (paternal brothers only)
If there is a daughter and not a son then it will be as,
1/6 share will be left to the mother, 1/8 share to the wife, half to be equally distributed among the daughters and any remainder will be passed to the siblings (only brothers).

adoption-blog

Laws of Adoption in UAE

There are a growing number of cases where adoption is authorized in the UAE. Entering a sexual relationship outside of marriage is a crime in the UAE and offenders may face serious criminal charges. Sadly, in some instances, children born from such relationships are sometimes abandoned to avoid these circumstances but the law makes allowances for these children to be taken care of.

Under Islamic Law, it is forbidden to adopt a child because it interferes with ancestry but it allows that an abandoned child can benefit from the love and care of a family. In such circumstances, a court order is required to give that child the family name of the adopting parents.

UAE nationals are not permitted to adopt but expats may do so if the law of their home country gives them permission to do so. The option allows expats residing in UAE to adopt children from countries other than UAE provided they follow all the rules and regulations governing the process.

The UAE law is structured to support an abandoned child and may even give UAE citizenship and a passport in some cases, according to Article 2(e) of the Federal Law (1975).

company-blog

Establishing a Company in Dubai

The growth of Dubai over the last 15 years as an economic hub has been prolific.  Whether wishing to establish a branch of an existing business to utilize the strategic geographical location or looking to start a new venture in the region, setting up a company in Dubai can take as little as one working week.

To simplify the process, there are a number of steps to be considered and prepared for to make it as smooth as possible.

  • The business type and activity will determine which category of business license will be required and should be reflected in the trading name selected.
  • The structure and type of license may also be determined by th business activity your business will cover. Some businesses, Law for example cannot be licensed as a sole proprietor.
  • As an expat, if you wish to have 100% ownership of the company, it will need to be formed in one of the Freezone authorities which will in turn have restrictions on where and who you can conduct business with.
  • To establish a license and carry out business in mainland Dubai, you will need to apply for a trade license from the Dubai Economic Department. This license will require you to have a local partner or sponsor who, by law, must hold a minimum of 51% ownership of the company.
  • The particulars of how the company will operate in terms of profit and loss will be determined in the legal documentation (Memorandum of Association). Speak to your legal advisor to ensure your documentation adequately protects your interest in the business.
court

When to pursue a case in the Court!

If you have any dispute against you such as property disputes then you have to hire a lawyer, take it to the court and fight for your rights. The question may arise in your mind about the investment you will make and the time you will spend, is it worth it?

Whatever the situation is the law firm which possesses experienced lawyers can predict or evaluate the outcome, and for that reason, you need to make the relationship between the plaintiff and the client excellent.
There are few things you need to consider for the dispute,

a- Law to be applied
b- Jurisdiction of the local courts
c- Evidences

Finally, we should evaluate the chances of execution of judgment in our favour and the reward. This will all depend on,

a- Is it a person or an independent body (a company or an establishment)?
b- Does that person or independent body has enough assets to be taken over in case if he refuses to execute the judgment
c- What is the type of independent body, is it a company or an establishment? And what are its types