Introduction

A Will is a legal document drafted for a person who owns any wealth and desires to dispose of his or her wealth in a particular manner. Will is defined under the UAE laws as "An act of disposition of the succession after the death of a Testaor".1

In the UAE, the inheritances law applicable to an expatriate who diesintestate (without a will), and have assets in the UAE, or has children residing here, then sharia law will apply automatically, regardless of your religion or nationality.

Key Issues

  1. Why a Will should be drafted by an expatriate?
  2. Whether the Will should be registered or notarized to be effective in the UAE?

Governing Laws

  • Art 17 (1) of the UAE Federal Law no.5 of 1985 of the civil code reads "Inheritances shall be governed by the law of the Testator upon the death thereof...."
  • Article No. 11 of the UAE Federal Decree No. 41/2022 concerning the family law for non-Muslims in the UAE
  • Under the Federal Law no. 28 of 2005 wherein Art 240, Art 241 and Art 276 (1) would be applied by UAE courts for issuances of inheritances/succession certificate. A written Will by the Testator assists in the process of issuance of the certificate based on Decision No.178 of 2019 by the chairman of the Judicial Department concerning the enforcement of a nonmuslim Will.

Benefits of Written Will

With a Will, one can pass on their assets and legal guardianship of their children to a trusted person or persons, be it family friends or even a legal entity. The person making the Will would determine how movable assets cash, investments, cars, personal items and immovable assets in his or her estate should be distributed and who should be the Executor of their Will.2

Concerns in cases of absences of a Will

  1. The distribution of assets may not be as per the will of the deceased.
  2. Bank assets like individual accounts and joint accounts can be blocked.
  3. Vehicles owned by the deceased cannot be transferred or sold.
  4. To protect the guardianship of your minor children by appointing a permanent & temporary guardian.
  5. As a business owner, it's very important to consider business succession planning as part of the Wills process.

Registration and notarization of Wills

Will registration can be registered in Abu Dhabi Judicial Department (ADJD), Dubai Courts, Dubai International Financial Center (DIFC), and Abu Dhabi Global Markets (ADGM) there is a variety of Will registration forums.

It is in the best interest of every ex-pat in the UAE to draft and register a Will in advance per their wish and personal laws (home country laws) they would prefer to apply to the Will. You can request a lawyer/Firm for a well-drafted Will and they can help you notarize the Will in UAE.

We can help you draft and conclude notary services for a Will registration based on providing the following documents:

The following details and information is required to execute a Will :
  • Valid Passport copy & Emirates ID of the Testator
  • Documentary proof for property ownership in UAE ( title deed)
  • Details of Assets like vehicle number plates, bank account details, and insurance details within the UAE
  • In case either of you would like his part of the assets to go to a certain person in the family, please provide the details of the person (Nationality, relationship, country of residence, Passport if possible).
  • Executor of the Wills in case neither of the spouses was alive. This could be anyone you trust. If yes, please provide the details of the person (Nationality, relationship, country of residence, Passport "if possible").
  • Details relating to donating any funds of the inheritance to a charity or certain association of the Testator's choice.3
  • To book your appointment with a Will specialist please feel free to get in touch with our team to avail of our legal services at bahradvt@eim.ae or by phone at +97124410825 to discuss further.


Footnotes

1. Art 240 of UAE Federal Law no.28 of 2005

2. Official webpage Consular General, Dubai. https://www.cgidubai.gov.in/page/wills-in-the-uae-a-brief-overview.

3. Anjana Kumar, Senior Reporter, Making a Will;secure your life's saving by paying just AED 950 in Abu Dhabi, November 13,2019. https://gulfnews.com/how-to/your-money/making-a-will-secure-your-lifes-savings-by paying-just-dhs950-in-abu-dhabi-1.1573622191827.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.