The National - News

‘Will I be liable for my husband’s UAE debts in the event of his death?’

- KEREN BOBKER

My husband owes a lot of money on credit cards to three different banks. He spent the money without my knowledge and it is going to take a long time to repay it. I am concerned that if something happens to him, I will have to pay it back and will not be able to support my parents and children. I do not have any debts but want to know what happens to a person’s debt if they die in the UAE? MG, Sharjah U nder UAE law, only the person whose name is on the debt is accountabl­e for it and that applies whether it is a mortgage, a personal loan or a credit card. A spouse is only liable if a debt is in joint names, they have provided a security cheque or they are a guarantor.

If any person dies and has outstandin­g debts in the UAE, the surviving spouse is not responsibl­e and should not be asked for repayment. That said, any debt should be settled from the estate of the deceased before money can be passed to any beneficiar­y. This is one of the many reasons why proper life insurance is advisable if there are debts and/or dependents.

In this situation, the debt is not in MG’s name, so she is not personally liable, but the outstandin­g debt could affect what she will receive from any money left from her husband’s estate if he dies.

I recently renewed my third two-year work visa for a company in Mussaffah. I am three months into the contract but want to cancel it as I am bored. Can I cancel it without the company forcing me to pay for my visa and other expenses? They expect me to pay for their costs in bringing me to the UAE. KO, Abu Dhabi

It is unfortunat­e that KO agreed to renew the visa as he will now be penalised if he breaks the terms of the contract. Article 116 of the UAE Labour Law states: “Should the contract be rescinded by the worker ... the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensati­on does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”

This is legal if a fixed-term contract is broken but no employer is permitted to pass on any costs that they have incurred in employing any staff.

My boss told me that our company health cover was being renewed and that I would be able to claim back any costs. When I was ill, I consulted a doctor and paid the bill myself but when I tried to make the claim, the insurance company told me it was not valid. My boss now says it will be sorted but we are left without cover. What is the legal position and what can the staff do? NF, Dubai

It is mandatory for employers and sponsors to provide Dubai Health Authority-compliant health cover in accordance with the Dubai Health Insurance Law No 11 of 2013.

This is backed up by Article 96 of the UAE Labour Law. If an employer fails to provide the required cover, a complaint can be registered with the DHA and they can impose penalties. Fines of Dh500 per member can be issued for each month the cover is not in place and visas cannot be renewed or new ones issued. The fees can accumulate and additional penalties of as much as Dh500,000 can be applied.

I suggest that NF ask his employer to cover the costs of his medical expenses as they have a legal obligation to do so.

Keren Bobker is an independen­t financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornass­ets.com. Follow her on Twitter at @FinancialU­AE. The advice provided in our columns does not constitute legal advice and is provided for informatio­n only

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