Inheritance Law in the UAE (Part 2): Barriers to Inheritance and Categories of Heirs

Introduction to Barriers to Inheritance Under UAE Law

We continue our series of articles dedicated to explaining the most important principles of inheritance law. After discussing the pillars, causes, and conditions of inheritance entitlement, we now turn to the barriers to inheritance, the categories of heirs, and the different types of inheritance.

Barriers to Inheritance Under UAE Law

The law identifies two primary barriers to inheritance.

Intentional Killing as a Barrier to Inheritance

The first barrier is intentional and unlawful killing, whether committed as a principal offender, accomplice, or direct contributor, provided that the offender is legally responsible and has reached the age of criminal liability.

This rule is based on the Islamic legal principle:

“Whoever hastens something before its proper time is punished by being deprived of it.”

Difference in Religion and Its Effect on Inheritance

The second barrier is a difference in religion. Individuals belonging to different non-Muslim religions do not inherit from one another.

Furthermore, where two or more individuals who could potentially inherit from each other die in the same incident and it is impossible to determine who died first, no inheritance takes place between them. Examples include deaths resulting from drowning, building collapses, fires, motor vehicle accidents, or aircraft accidents.

Types of Inheritance Under UAE Law

Inheritance may occur through fixed shares only, such as inheritance by spouses, mothers, grandmothers, and maternal siblings.

It may occur through residuary inheritance only, such as inheritance by sons, full brothers, paternal brothers, and paternal uncles.

It may also occur through a combination of fixed shares and residuary inheritance, such as inheritance by the father and paternal grandfather.

Finally, inheritance may occur through distant kinship, including the children of daughters, children of granddaughters through sons, maternal grandfathers and grandmothers, children of sisters, daughters of brothers, paternal and maternal aunts and uncles, and their descendants. Scholars have differed regarding the inheritance rights of these relatives.

Fixed-Share Heirs in UAE Inheritance Law

Fixed-share heirs are those who are entitled to predetermined portions of an estate.

The fixed shares include:

• One-half
• One-quarter
• One-eighth
• Two-thirds
• One-third
• One-sixth
• One-third of the remainder

Those entitled to these shares include four categories of male heirs and eight categories of female heirs, namely:

• Parents
• Spouses
• Paternal grandfather and ascending grandfathers
• Grandmothers connected through an inheriting relative
• Daughters
• Sons’ daughters and their descendants
• Sisters of all categories
• Maternal brothers

The Father’s Share Under UAE Inheritance Law

The father has three possible inheritance scenarios.

The first is when a son or grandson through a son exists, in which case the father receives one-sixth of the estate.

The second is when a daughter or granddaughter through a son exists, in which case the father receives one-sixth as a fixed share and the remainder as a residuary heir after the fixed shares have been distributed.

The third is when no descendant heir exists, in which case the father inherits the remainder of the estate as a residuary heir.

Conclusion

To be continued, God willing.