Drafting Declaration Of Heirs
Obtain a court-issued Declaration of Heirs in the UAE. Fakher & Co handles the full process for Muslim and non-Muslim families, including document collection and court filing.
Formally Establishing Legal Heirs for Inheritance Matters
Following the passing of a loved one, one of the first and most critical legal steps in administering their estate is to formally identify the legal heirs. A Declaration of Heirs is an official legal document that lists all the individuals who are legally entitled to inherit from the deceased’s estate according to the applicable law (such as Sharia principles for Muslims or the laws of the deceased’s home country for non-Muslims). This document is required by banks, land departments, and other authorities to release and transfer the deceased’s assets to the rightful inheritors.
At Fakher & Co, our inheritance law experts provide compassionate and efficient assistance in preparing and obtaining the Declaration of Heirs. We guide families through this essential process with sensitivity and legal precision during a difficult time.
The Purpose of a Declaration of Heirs
This official document serves several crucial functions:
- Legal Identification: It provides a definitive, court-certified list of all the legal heirs.
- Unlocking Assets: It is the key document required by banks and other institutions to unfreeze the deceased’s accounts and transfer funds to the heirs.
- Enabling Property Transfer: The land department requires this declaration to transfer ownership of any real estate from the deceased to the heirs.
- Preventing Fraud: It provides a legal safeguard, ensuring that only the legally recognized heirs can claim a share of the estate.
The Process of Obtaining a Declaration of Heirs
Navigating the court process to obtain this declaration can be challenging. Our role is to manage this entire process for you:
- Document Collection: We assist you in gathering all the necessary documents, which typically include the deceased’s death certificate, the marriage certificate, the birth certificates of any children, and passports and Emirates IDs for all parties.
- Filing the Petition: We draft and file the formal petition with the relevant court to initiate the process.
- Arranging Witness Testimony: The court requires two male witnesses to testify that they know the deceased and can confirm the identity of the legal heirs. We prepare the witnesses for the court hearing and ensure their testimony is presented correctly.
- Issuance of the Court Order: Following the hearing, the judge will issue the official Declaration of Heirs, which is a formal court order that can be presented to all relevant authorities.
Navigating Different Inheritance Laws
The determination of legal heirs depends on the deceased’s religion and nationality:
- For Muslims: The heirs are determined strictly in accordance with the principles of Islamic Sharia.
- For Non-Muslims: Non-Muslim expatriates have the option to apply the inheritance laws of their home country. This must be formally requested in court, and a certified legal expert’s opinion on the home country’s law may be required.
Our team is experienced in handling both scenarios and can provide the expert guidance needed to ensure the correct law is applied to your family’s situation.
Guidance and Support During a Difficult Time
We understand that dealing with legal formalities after losing a family member is difficult. The compassionate team at Fakher & Co is here to handle the legal process of obtaining the Declaration of Heirs efficiently and smoothly, allowing you to focus on your family.