Inheritance Law in the UAE (Part 1): Pillars, Causes, and Conditions of Inheritance

Introduction to Inheritance Law in the UAE

In this series of three articles, God willing, we will explain the most important rules related to inheritance law, also known as the law of succession. We will attempt to simplify its principles and provisions in a way that enables every heir to understand their lawful share, which Allah Almighty has prescribed in a precise, detailed, and comprehensive manner. The Prophet Muhammad (peace be upon him) also encouraged learning and teaching inheritance law and described it as half of knowledge.

Definition of Inheritance Under UAE Law

Legally, inheritance is defined as the mandatory transfer of a deceased person’s assets and financial rights to those entitled to receive them. The heir succeeds the deceased in ownership of the deceased’s property, and this transfer occurs by operation of law. What, then, are the pillars, causes, conditions, and impediments of inheritance?

The Pillars of Inheritance Under UAE Law

The pillars of inheritance are three.

The first pillar is the deceased person (the testator), whose property passes to others upon death, whether the death is actual or deemed by law, as in the case of a missing person who has been judicially declared dead.

The second pillar is the heir, who is the person entitled to inherit all or part of the deceased’s estate, or who is legally eligible to do so.

The third pillar is the inheritance itself, meaning the property and assets transferred from the deceased to the heirs.

Causes of Inheritance Under UAE Law

The UAE Personal Status Law specifies two causes of inheritance: marriage and kinship.

Marriage as a Cause of Inheritance

Marriage refers to a valid marriage contract, even if the marriage has not been consummated and no lawful seclusion has taken place between the spouses.

Kinship as a Cause of Inheritance

Kinship refers to the blood relationship between the deceased and the heir. It includes ascendants such as parents, paternal grandfathers, and grandmothers; descendants such as children and grandchildren through sons; and collateral relatives such as siblings, nephews, paternal uncles, and their descendants. It also includes distant relatives who are neither fixed-share heirs nor residuary heirs.

Conditions for Entitlement to Inheritance Under UAE Law

The law requires three conditions for inheritance entitlement.

The first condition is the death of the deceased, whether actual or legally presumed.

The second condition is that the heir must be alive at the time of the deceased’s death.

The third condition is knowledge of the basis of inheritance, meaning the legal relationship connecting the heir and the deceased, whether through marriage or kinship.

Conclusion

Understanding the pillars, causes, and conditions of inheritance is essential for understanding the broader rules of inheritance law, which we will continue to discuss in the next parts of this series.