Affidavit Of Surviving Legal Heirs Template for the United Arab Emirates

When someone passes away in the United Arab Emirates, you need an Affidavit Of Surviving Legal Heirs to formally establish who has legal rights to the deceased's estate. This sworn document serves as official proof of family relationships and inheritance entitlements under UAE law, making it essential for accessing bank accounts, transferring property, and completing probate procedures.

When do you need this document?

You'll require an Affidavit Of Surviving Legal Heirs whenever you need to prove your legal relationship to a deceased person for inheritance purposes. Banks typically demand this document before releasing funds from the deceased's accounts or processing insurance claims. Property registration authorities require it for real estate transfers, while courts need it for probate proceedings. If you're dealing with overseas assets, embassies and consulates often request this affidavit as part of estate documentation. The document is also necessary when applying for succession certificates or when multiple heirs need to establish their respective shares in an inheritance.

Key legal considerations

The affidavit must accurately identify all legal heirs according to UAE inheritance law, which can be complex depending on the deceased's religion and nationality. For Muslim deceased persons, Sharia law determines inheritance shares, while non-Muslims may be subject to their home country's inheritance laws. You must include complete details about the deceased, including full name, date and place of death, and last known address. The deponent making the affidavit must have sufficient knowledge of the family structure and provide their own identification details. Any omission of legal heirs can invalidate the document and cause significant legal complications. The affidavit should clearly state the basis for the deponent's knowledge and include details about the deceased's marital status, children, parents, and other potential heirs.

Legal requirements in United Arab Emirates

Under UAE Federal Law No. 28 of 2005 (Personal Status Law), the affidavit must comply with specific formatting and content requirements. The document requires notarization by an authorized UAE notary public in accordance with Federal Law No. 4 of 2013 (Notary Public Law). For expatriate cases, you may need additional authentication from your embassy or consulate, followed by attestation from the UAE Ministry of Foreign Affairs. The affidavit must be in Arabic or include a certified Arabic translation if originally prepared in another language. Federal Law No. 10 of 2019 (Evidence Law) governs the document's admissibility in UAE courts, requiring proper attestation and witness signatures where applicable. Some courts may require supporting documents such as death certificates, family books, or passport copies to verify the relationships declared in the affidavit.