On request to the office of the Director General of Dubai Courts, Dr. XXXXXXXXXXXXXXXXXX, the office answered that, in principle, as per UAE Civil law The estate of the deceased is subject to the law that applies to this latter at the time of his death. The office also adds that it is not possible to apply rules that "are contrary to Islamic Sharia or to public order or to morality in the United Arab Emirates. Indeed, the Emirates private law provides that Sharia law is applicable to the citizens of the United Arab Emirates except those who are non Muslim and have rules specific to their religion. The Sharia law is equally applicable to those who are not citizens insofar as none of them seeks to apply his own legislation.
Therefore, upon demise of a foreign national owning assets, should any of the heirs wish to apply the law of the deceased for the distribution of the estate, then the law of the deceased is the law that should be applied. However, the two following conditions should also be met:
1. One of the heirs should request application of the law of the deceased
2. None of the heirs should be a Muslim or a UAE citizen,
Should one of the heirs be a Muslim or a UAE citizen, then the applicable law would have to be the Emirati law, i.e. Islamic Sharia.
It appears from the above that if the foreign national is a Muslim then it is not the foreign law that would apply but UAE law as the application of foreign law in determining the portions of Muslim heirs might result in a division that is contrary to Sharia.
When requested to provide guidance on the application of a will, the office responded that if there is unanimous consent amongst the heirs regarding it, then it may be applied by the courts based on the agreement between the heirs. If there is a dispute amongst the heirs in connection with the will, then the matter is transferred to the relevant Civil Court to judge the dispute. The governing law will be that of the foreign deceaseds country if he was a resident/national of that country at the time the will was made and provided the heirs request the application of that law.
For those who have not had the presence of mind to draft a will or who expect that their families could experience some difficulties in the decision making process after their demise, the creation of an offshore company could solve the immediate problems arising in the aftermath. An long-term estate planning solution such as a Trust or a Foundation (Bahamas, Panama or Jersey rather than Liechtenstein) remains the best solution where affordable.
I thought this to be an interesting read.. the person who posted in another forum will remain un-reachable for the vast majority of those reading this.. as for the few that are of a certain quality... I will happily (and freely) pass on the information of the person. This is not the first good bit of information passed on by this person and I doubt it will be the last. G_Kid you may find that a Jersey (Isle, I just like typing that word for some reason.. sorry) Trust found to be investing in say the Doha project would be in 100% plus plus plus range for conservative returns (without blending in any Tax benefits).
It was pointed out to me (time and time again) that my personal opinion severly lacked from the 3rd party sourceable information I provide..
So.. I hope the above information may be helpful to someone lacking direction. Please consult with your legal and other advisors before running out and executing on my say so.
http://www.architectsjournal.co.uk/5202549.article
http://web.mit.edu/akpia/www/course4617spring09poster.pdf
http://www.gulfconstructionworldwide.com/pages/article.aspx?aid=10861
http://iloveqatar.net/
The architecture is in line with the existing or surrounding structures. The architecture is true to the local, thus providing a texture to the visitor(s). I like the Project based on where the market is in its cyclical swing. I like the leverage available to finance the investment from anyone and / or multiple positions. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
This is my opinion. Of course I had to provide some background to make it easy for any or everyone.
JW