Handling Legal Issues in the UAE After a Loved One’s Death

Coping with the demise of loved ones can be one of the most painful times of our lives. However, the burden of winding up their affairs can make these times even worse. These affairs usually encompass a broad range of personal, financial, and legal work and this can be arduous, painstakingly lengthy, and stressful, all while you’re mourning the loss of someone dear to you. In this article, we have compiled all the information that can be handy for someone trying to settle formalities that follow an individual’s death.

1. Death Reporting

Your immediate step after the death of the individual must be to report it to the concerned authority. If the individual passes away within the hospital premises, an initial death report is filed, and the body is transferred to a morgue. A death certificate declaration is given by the morgue officials. This requires a stamp from the police authorities. This is followed by the issuance of a No Objection Certificate (NOC) which is crucial for obtaining the official death certificate.

If the individual did not pass away in a hospital, it is necessary to report the death to the police authorities. You may be required to obtain additional NOCs if you have further requests like embalming the body or flying it to the home country of the deceased.

2. Securing Death Certificate

The Dubai Health Authority and the Department of Health Abu Dhabi regulate the issuance of death certificates in their respective Emirates. The Ministry of Health and Prevention (MoHAP) also provides death certificates in Dubai, Abu Dhabi, and all other Emirates. The certificate can be obtained through the below-given online procedure:

1. Register on the official MoHAP website.
2. Submit identification documents of the deceased including the passport, visa, and Emirates ID. In the case of Emirati individuals, the original family book must be submitted.
3. An electronic death notification from the hospital must also be given.
4. If the individual passed away at home, obtain a statement from the hospital police office or the district police station.

Once obtained, the certificate must be attested by the Ministry of Foreign Affairs and International Cooperation. If you wish to repatriate the body to the home country, additional steps like translating the certificate and obtaining NOC from the embassy or the consulate of the home country may be required.

3. Settling Insurance-Related Formalities

If the deceased had a term life insurance plan in the UAE and passed away within the insurance tenure, the nominees or the family members are entitled to file a claim to secure the benefits.

The procedure to file claims mainly involves the following steps:

1. Reporting the incident to the insurance provider
2. Collect the proofs and supporting documents
3. Fill out the insurance claim form
4. Application review
5. Receiving insurance benefits

In the case of car insurance, the insurance provider must be notified so that the policy is canceled.

4. Securing Succession Certificate

If a UAE Will has not been left behind, the legal heirs of the deceased must obtain a succession certificate for inheriting the assets owned by the individual. The application for this certificate must be filed with the relevant court. The heirs must submit their identification documents like passport copies, birth certificates, marriage certificates, and other applicable documents to verify their relationship with the deceased. The court, upon reviewing the application will issue the succession certificate.

5. Releasing Bank Accounts

The bank accounts are frozen immediately after the death has occurred whether or not a Will has been left behind. To secure the assets from the accounts, an inheritance case must be filed with the court and the succession certificate must be submitted. The legal heirs must also provide the necessary identification documents and their bank account details. Any debts or penalties in the name of the deceased will be deducted through the assets owned by the deceased. The bank account assets and other assets will be disbursed based on sharing percentages indicated in the succession certificate. It is key to note that debts are not passed on to the surviving relatives of the deceased but are settled from the assets of the decedent.

6. Visa Extensions for Dependents

If the deceased was a male expatriate, his wife and children are entitled to a one-year extension for their stays in the country if they were sponsored by the deceased. This type of extension does not require an alternate sponsor. The following documents are required for the application:

1. Emirates ID of the woman
2. Proof of death of the husband
3. Proof of availability of a space to stay
4. Proof of the woman’s ability to earn a living
5. Medical fitness certificates for the wife and children above the age of 18
6. Health insurance cards (applicable for specific Emirates)

7. Appointing Guardians for Minor Children

It is a common misconception that the mother of a minor child automatically becomes the guardian if the father passes away. A UAE Will must be prepared and it must specifically state that the mother will be the guardian if the father passes away. In the absence of a registered Will stating this, a petition must be filed in the relevant court to claim guardianship over the child. Whether it is the child’s mother or any relative the application must be made along with identity proofs, death certificate of the deceased, and other relevant documents. It must be noted that the laws regulating guardianship in the absence of a UAE Will depend on the religion of the deceased. For example, the mother is the first-choice guardian in the case of Non-Muslims, and the home country law can be applied to determine the guardians. In the case of Muslims, the Sharia Law is applied and the paternal grandfather may be automatically chosen as the guardian.

8. Administering the Estate of the Deceased

It is necessary to ensure that all assets left behind by the individual are passed on to the rightful heirs. If the deceased had registered a Will at DIFC WSC or elsewhere in the UAE, and had named you as the executor, it is your responsibility to distribute the assets amongst the beneficiaries as per the instructions spelled out in the Will. If the deceased person has not registered a Will, the courts have to determine the legal heirs through the succession certificate. It is highly advisable to seek professional legal assistance while navigating these inheritance-related affairs in the UAE. Whether or not a Will has been left behind by the deceased, Legal Inz can assist you with inheritance-related matters.