Wills are significant legal documents that outline the distribution of a person’s possessions and assets in the event of their death. To create legally enforceable Wills that enable one to handle legal concerns during the process, legal counsel is a must.
The UAE courts shall apply Sharia law over the remaining assets if a deceased foreign national does not have a will. Wills in UAE provide a person with peace of mind knowing that everything they own, including their family, will be distributed according to their preferences. It also facilitates the process of making arrangements for a person’s funeral. As a result, it is wise to have a will here in the United Arab Emirates (UAE), particularly if you own property and have a family here, as a few unfavourable things could happen to you.
The UAE Law of Inheritance will decide how assets are distributed if there isn’t a registered will in Dubai, which could have unfavourable effects on the departed loved ones. Furthermore, guardianship of minor children can be awarded to people who are not the deceased’s first choice, which would be extremely upsetting for both the guardians and the children.
It’s a popular misperception that in Dubai, only people with substantial wealth ought to draft a will. Ignoring to draft a will may result in undesirable consequences, such as an unintended guardianship of minors and possible financial misallocation.
To make sure that those who share their values and views are given guardianship of their children, even those without assets should think about creating a will. A will can give you comfort and peace of mind about where your children would be protected and cared for in the event of an untimely death.
In Dubai, there are two different kinds of wills: Dubai Courts wills and DIFC wills.
Whereas a Dubai Courts will is based on the Civil Law system and needs to be written in Arabic, a DIFC will is based on Common Law principles and can be drafted in English. The kind of will that best meets your requirements and tastes is yours to select.
Considerations while making a will
- Regarding the transfer of assets for any non-Muslim expat who dies without a will, the UAE courts follow Sharia Law. What does this signify to you, then? This implies that your wife, children, and all other legal successors will share your wealth in line with the distribution process established under Sharia Law if you are a non-Muslim who has family or assets in the United Arab Emirates and you pass away without a will. Your parents, siblings, and sisters may be considered your legal heirs. Your spouse will be entitled to one-eighth of your assets if you are married.
- The purpose of the DIFC Courts Wills Service (DIFC CWS) is to serve the needs of non-Muslims who live in or own property in the United Arab Emirates. The capacity of non-Muslims to transfer all of their assets, including real estate, to their designated beneficiaries and the convenience of the probate process upon death are made possible by this will registration mechanism with the DIFC CWS.
- In the UAE, notaries public (courts) are the registry for non-DIFC wills. Usually written in English, these wills are translated into Arabic before registration. At the courts, however, the probate procedure is carried out in Arabic. The probate proceedings at the DIFC Courts take place in English if the Will is registered with the DIFC Courts Wills Service, formerly known as the DIFC Wills Service Center. To make sure that your executors have an easier time handling the legal process during probate, it can make sense to register your will with the DIFC Courts Wills Service if you are a non-Muslim and do not know Arabic.
Steps to registering a Will in the UAE
1. Getting your will ready
You or a legal advisor based outside of the United Arab Emirates can draft your will in this way. But before you send the will to the relevant government agency, it must be examined by a specialist in this area. Future issues may arise for your beneficiaries as a result of incorrect drafts.
2. Having the Arabic translation of the will
The Arabic translation of the documents must be done by a recognized legal translating institution, according to Dubai courts. The Ministry of Justice and the courts need the translation facility to be registered.
3. Enrollment
When your will is being executed, provisions in it about property, guardianship, bank accounts, and other things may be applied anywhere in the nation. Your will is enforceable throughout the Emirates once it has been filed with the Dubai Courts.
AED 2,000 is around how much it should cost to register a will.
Once all the procedures have been completed, your will is registered and notarized at the Dubai Courts. After that, there are no further documents that need to be sent to your consulate or embassy. It is important to remember, nevertheless, that your home country’s laws and regulations will still apply to the assets you own there.
To protect the will, you must keep it in a safe place after registering it. You have the option to store it with a reputable legal consulting firm, the Dubai Courts, or the DIFC Wills Service Center.
Regular updates to your will are necessary to ensure that it reflect any changes to your assets or beneficiaries and to avoid unintended consequences when it comes to asset distribution.
Price of registering a will in Dubai
It is crucial to take the registration fees into account while drafting a will in Dubai. The type of will and the service charges of the legal consultant you choose to work with will determine how much it will cost to register a will in Dubai. A Dubai Court will typically cost less to register than a DIFC will because the former is bilingual and the latter is only available in English.
The preparation, translation, and registration of a complete will are usually included in the price of a will in Dubai. You ought to consult specialized attorneys in Dubai who provide drafting services for legal assistance.
