Drafting a Will is a very important thing to do if you are living in the UAE. UAE is a country where everything is managed in order with discipline, so there is no chance of any injustice or exploitation while transferring assets and properties to legal heirs. However, due to this disciplined and managed system, transfer of ownership becomes difficult if someone does not make his or her will before demise.

Our Legal Consultants, Attorneys, and Succession Planners provide you with the solution for this. ASK THE LAW – AA Legal Consultants manage your Succession Planning in UAE with our specialized Wills Registration and Estate Attorneys. Our Wills Registration and Estate Lawyers in Dubai provide you with NA-services to make your will and manage your estate. Both Locals and Expatriates are served by our Succession Planners, Probate and Estate Planning NA-Lawyers & Wills Registration Experts for

• Estate Planning
• Wills Registration and Trust Drafting
• Probate and Succession Planning

What Can Happen if someone passes away without a Will?

There is a list of problems the family of the deceased person has to suffer from. All the dependent Visas are canceled, Bank Accounts are frozen, Benefits and Life Policies can be transferred to the state, and Partners can claim a right, as per local law distribution of assets can be unfair as per your desire or choice. If you want to check the cost of making a will then please do give us a Call.

If you want to hire a will lawyer near you, then just give us a call, and we will book a legal appointment and help you understand the Will Procedure and how it works. We have UAE’s Top Lawyers known as “AA Advocates in Dubai“. We are the most experienced Wills Registration and probate solicitors in Dubai. Just Book the Legal Appointment.

WILL REGISTRATION IN DUBAI AND THE UAE

A Will is one of the most important documents that people Will come to write in their lives as a way of ensuring they have an estate planning in place and their last wishes are adhered to by their loved ones.

THE IMPORTANCE OF WILL REGISTRATION IN THE UAE

A Will is a crucial document in one’s life, serving as a key component of estate planning to ensure that one’s final wishes are respected and carried out by their loved ones.

In recent years, the UAE legal framework for expats living and owning assets in the UAE has drastically evolved, allowing non-Muslim expats to register Wills for the devolution of their succession (not subject to Sharia principles) either with the DIFC Wills Service Centre, the Dubai Courts or the Abu Dhabi Civil Court.

WHAT IS THE DIFC LEGISLATIVE FRAMEWORK FOR WILLS?

The DIFC Wills Service is a joint initiative of the Government of Dubai and the DIFC Courts that gives non-Muslim ex-pats investing and living in the UAE the option to pass on their assets as they think fit and/or appoint guardians for their children subject to DIFC rules and regulations. DIFC Wills Service and the DIFC Courts provide a modern and user-friendly system in English for inheritance and probate matters for non-Muslim expats that combine operational speed, efficiency, and cost-effectiveness with the certainty of judicial enforcement.
The registration of a DIFC Will usually takes place through video conference with the DIFC Wills Service. During the registration process, the testator and two witnesses (who are not named as beneficiaries in the DIFC Will) must attend the online appointment and shall sign digitally the DIFC Will before the officer shall affix the DIFC Wills Service stamp, the digital copy being the original as the DIFC Will Service does not issue hard copies.

WHAT IS THE ABU DHABI LEGISLATIVE FRAMEWORK FOR WILLS?

Following the enactment of Abu Dhabi Law No. 14/2021 on the Civil Marriage and Its Effects in 2021, foreign testators may register a civil Will and distribute their assets in the UAE to whoever they see fit (not subject to Sharia principles). There is no different type of Wills and testators have the possibility to register tailored-made Wills in English and Arabic with the Abu Dhabi Civil Court covering any and all aspects related to their succession.

Currently, the registration takes place via video conferencing, and witnesses are not required. Although the Abu Dhabi Civil Court has been recently formed, this option by its simplicity and cost-effectiveness is gaining in popularity, the probate process being conducted in English and Arabic.

FAQS

What is a Will?

Generally speaking, a will is a legal document that coordinates the distribution of your assets after death and can appoint guardians for minor children. A will is important to have, as it allows you to communicate your wishes clearly and precisely.

Can Non-Muslim Expats Register the Will in UAE?

Yes, non-Muslim expats can register their wills in the United Arab Emirates (UAE). The UAE legal system allows expatriates, including non-Muslims, to register wills that are compliant with the laws of their home countries. This is particularly significant because, without a registered will, the distribution of assets in the UAE would typically be subject to Sharia law, which may not align with the personal wishes or the legal traditions of non-Muslim individuals.

Can Non-Muslims Choose Will to Inherit Their Assets?

Yes, Non-Muslim expats are now free to choose who inherits their assets and the share they can inherit. A UAE “WILL” allows non-Muslims to bypass the default application of Sharia law to their UAE-based assets in the event of their death and ensure that their assets are distributed according to their wishes. It is important for expatriates to seek legal advice to ensure that their wills are compliant with UAE law and the laws of their home countries and that they are properly registered with the appropriate UAE legal entity.

Where Can A Non-Muslim Register Their Will?

Non-Muslim expats living in the UAE can register their wills through the Dubai International Financial Center (DIFC) Wills Service Center. They can also register their will in Abu Dhabi Will Registry for Non-Muslims.

What is the Single Will?

A single will, often simply referred to as a “will,” is a legal document that expresses an individual’s wishes regarding the distribution of their assets and the care of any minor children after their death. This type of will is created by one person and outlines how they want their estate (which includes their money, property, and other belongings) to be handled.

What is a Mirror Will?

A mirror will refers to a pair of separate but identical wills usually created by spouses or long-term partners. Each will essentially mirror the other, with each individual leaving their assets to the same beneficiaries, typically to each other initially and then to their children or other named beneficiaries upon the death of the surviving partner.

While they are two separate documents, the terms of one will be reflected in the other. Mirror wills are commonly used by couples with shared assets and similar wishes regarding the distribution of their estate. They ensure consistency in the handling of each partner’s estate upon their passing.

What is a benficary will?

A beneficiary in the context of a will is a person or entity designated to receive assets or benefits from the estate of the individual who has created the will (known as the testator). The testator specifies in their will who the beneficiaries are and what assets or portion of the estate each beneficiary is entitled to receive. Beneficiaries can include family members, friends, charitable organizations, or other entities.

The testator can leave specific assets, a fixed sum of money, a percentage of the estate, or residual assets (what remains after other bequests and obligations have been settled) to each beneficiary. The role of the beneficiary is passive; they do not have responsibilities in the execution of the will but are the recipients of the estate’s distribution as per the testator’s wishes.

What is a Guardian?

In a will, a guardian is an individual appointed by the person making the will (the testator) to care for their minor children in the event of the testator’s death. The guardian is responsible for the children’s upbringing, including their education, health care, and general welfare. This role is particularly crucial when the other parent is unable or unavailable to take on these responsibilities.

The appointment of a guardian in a will ensures that the testator’s wishes regarding who should care for their children are known and can be legally recognized, providing peace of mind about the children’s care and future well-being.

Who Should be Appointed as a Guardian?

When appointing a guardian in a will, it’s advisable to choose someone who is trustworthy, shares your values, and has a genuine affection for your children. Consider their age, health, stability, location, and willingness to take on this responsibility.

It’s often beneficial to select someone familiar to your children, like a close relative or family friend, to ensure continuity in their upbringing and minimize disruption. Financial capability and parenting style are also important considerations. Always discuss this decision with the potential guardian beforehand to confirm they are willing and able to assume this significant role. It is recommended that at least two (2) alternate guardians are appointed in a will.

What is an Executor? 

An executor in a will is a person appointed by the testator (the person who made the will) to carry out the instructions and distribute the estate as specified in the will, handling legal and financial matters such as paying debts and taxes, and distributing assets to the beneficiaries.

Who Should be executed as an executor?

An executor is someone that the testator (the person who made the will) appoints to execute the will. When appointing an executor in a will, it’s crucial to select someone who is not only trustworthy and reliable but also capable of handling administrative, legal, and financial responsibilities. This role often involves managing estate assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries as per the will.

Ideal candidates are usually close family members or friends who understand the testator’s wishes and can act impartially. Alternatively, a professional such as a lawyer or a financial advisor can be appointed, especially for complex estates. The chosen individual should be informed and agreeable to taking on this significant responsibility.

What is the Process of Making a will In UAE?

Dubai – DIFC Will Our draftsman will prepare your Will based on your instructions and share the same with you for approval. Once approved, we will schedule an appointment with DIFC WSC for online registration. The registration can be completed over a video call with a DIFC officer. DIFC Will requires the presence of two (2) witnesses along with the testator. Abu Dhabi – ADJD Will Our draftsman will prepare your Will based on your instructions and share the same with you for approval.

Once approved, we will translate the draft into Arabic. An appointment for online registration will be scheduled with the ADJD. A signed copy of your Will shall be uploaded on the ADJD’s portal before the video conference call. The testator’s identity will be verified over the call, and the Will is read out. Once the registration process is complete, the registered Will is sent to the email address of the testator.