Affidavit Of Survivorship Template for the United Arab Emirates

When a joint property owner dies in the United Arab Emirates, the surviving owner must navigate complex legal procedures to establish their right to full ownership. An Affidavit of Survivorship serves as a crucial legal instrument in this process, providing formal declaration of the co-owner's death and the survivor's claim to the entire property under UAE law.

When do you need this document?

You'll need an Affidavit of Survivorship when you jointly owned property with someone who has passed away and you need to establish your sole ownership rights. This commonly occurs between married couples who owned property as joint tenants, business partners who co-owned commercial real estate, or family members who inherited property together. The document is particularly important in the UAE where property ownership transfers require extensive documentation and compliance with both civil law and Sharia principles. You'll also need this affidavit when selling the property, refinancing, or making any significant changes to the property registration, as buyers and lenders will require clear proof of your ownership status.

Key legal considerations

Under UAE law, several critical legal factors must be addressed in your Affidavit of Survivorship. The document must include precise property descriptions matching official land registry records, as discrepancies can invalidate the affidavit. You must provide certified copies of the death certificate and original property ownership documents to support your claims. The affidavit requires notarization by an authorized UAE notary public under Federal Law No. 4 of 2013, and witnesses may be required depending on the property value and type. Additionally, the document must comply with UAE inheritance laws, which blend civil law with Islamic Sharia principles, potentially affecting how property rights are recognized. Any existing debts, liens, or encumbrances on the property must be properly disclosed, as these can affect the transfer of ownership rights.

Legal requirements in United Arab Emirates

The UAE has specific legal requirements for Affidavits of Survivorship that differ from other jurisdictions. Under the UAE Civil Code (Federal Law No. 5 of 1985), the affidavit must be submitted to the relevant Land Department or Property Registration Authority in the emirate where the property is located. The document must be in Arabic or officially translated if originally prepared in another language. UAE Personal Status Law (Federal Law No. 28 of 2005) governs inheritance matters and may require additional documentation proving the survivor's inheritance rights, especially if the deceased left other heirs. The affidavit must be registered within specific timeframes set by local authorities to avoid penalties or complications. Furthermore, Property Law No. 7 of 2006 requires that all property transfers, including survivorship transfers, comply with foreign ownership restrictions and local ownership regulations that vary by emirate.