Dubai Lawyers: June 2020

Sunday, June 7, 2020

Rules on Wills for Non-Muslims in Dubai

After the approval of Will registration for non-Muslims in 2016, legal consultants in Dubai have been reminding their clients to register their Wills to protect their assets. Wills are crucial legal documents that contain the plans of testators regarding their assets and their beneficiaries.

Almost 8 million expats are residing in the UAE who have either set up their business in the country or invest in property to call it their home. This is why the government and the Dubai International Financial Centre (DIFC) courts recognized the need to establish an innovative legal solution for non-Muslim residents or investors.

Many expats fail to put measures in place to protect their families and their assets. All it takes is to appoint legal firms in Dubai specialized in drafting Wills to arrange the proper legal documents not just for your benefit but for your loved ones as well.

Here are the rules on Wills for non-Muslims you should know:

Asset distribution. The presence of a Will ensures that your assets are distributed as per your instructions. Many expats are unaware that in the absence of a Will, the UAE courts are obligated to apply the Sharia Law when it comes to the distribution of your moveable and immoveable assets. This will make the transferring of your assets after death costly, time-consuming, and filled with legal complexities for the person you left behind.

As per Sharia Inheritance Law, the distribution of assets shall be towards legal heirs and descendants, who may be composed of parents, siblings, spouse, children, and grandchildren. As for non-Muslims, they are given the option to choose not to apply the Sharia Inheritance Law in terms of the distribution of their assets.

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Motei & Associates, team is among the top Dubai law firms offering a wide range of services from Wills, commercial transactions, and dispute resolutions. Call them at +971 4 435 5959 today!

Monday, June 1, 2020

Real Estate Litigation in Dubai, UAE

Property lawyers in Dubai readily provide help to clients facing problems with residential and commercial real estate transactions. Rentals for commercial properties continue to be in demand as the preferred arrangement for business accommodations in the Emirates. Due to the high volume of transactions, the UAE government has implemented measures to regulate tenant-landlord relationships. Unfortunately, litigation can still arise.

Real estate litigation is a tool used by, and against, buyers and sellers, landlords and tenants, and real estate brokers and agents. It can happen to just about anyone; whether one is buying a home or renting a commercial space, each transaction has the potential to end in a lawsuit. Thus, it would be best if you had an experienced property attorney who understands the real estate laws in Dubai to help you make informed choices and avoid litigation.

Here are the three most common causes for real estate litigation according to legal firms in Dubai:

1. Failure to disclose a defect on the property

Real estate renters or buyers are expected to do their due diligence in inspecting a property they want to rent or purchase. But there are also certain disclosure requirements. Landlords are obligated to disclose defects in a property such as a mold problem, leaks, poor construction, non-permitted additions, and more. If renting or buying a party can prove that the seller or agent is aware of the defect and fails to disclose it before closing, it can be grounds for a lawsuit.

2. Breach of contract

In every real estate transaction, the terms and conditions associated with the sale are disclosed in the contract. It covers the details related to title clearance, assets included in the transaction (appliances, furniture, etc.), closing date, financing, and more. Failing to comply with the terms outlined in the agreement can be grounds for litigation. For claims of breach of contract, the wronged party must prove that they have fulfilled their contractual obligations while the other party has not. The wronged party may demand compensation for any losses incurred as a result of the breach.

Are you in a legal dispute? Or wondering if you have grounds to file a lawsuit?

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Motei and Associates has the finest real estate lawyers Dubai has seen, offering disputes resolution and general corporate, commercial transactional services. Give them a call today at +971 4 435 5959.