How to Register a Will in UAE: Requirements and Procedure

5 min read

03 Feb

03Feb

When it comes to managing the distribution of your assets in the UAE after your passing, registering a will is an essential step. The process ensures that your wishes are honored in the event of your death, providing clarity and reducing legal complications for your family. In this guide, we will walk you through the important steps, locations, and requirements for will register in Dubai, Abu Dhabi, and other areas of the UAE.

Object of a Will

A will serves as a legal document that outlines an individual’s wishes regarding the distribution of their estate after their death. It also addresses guardianship of minor children and any other special instructions the testator wishes to leave. In the UAE, having a will in place ensures that your assets are distributed according to your wishes rather than being subjected to default inheritance laws, which may not align with your intentions.

By registering a will, you also have the opportunity to appoint a guardian for minor children and make provisions for any special needs or family circumstances. This can provide peace of mind for you and your family.

Where Can I Register a Will?

In the UAE, there are several locations where you can register your will. The most common options include the Dubai International Financial Centre (DIFC), the Abu Dhabi Judicial Department (ADJD), and the Dubai Courts Wills Service. Each of these institutions offers a platform for will registration, but it’s important to understand the specific procedures and requirements for each.

Dubai International Financial Centre (DIFC)

The DIFC offers a unique legal framework for will registration, particularly catering to expatriates living in Dubai. The DIFC Wills Service allows foreign nationals to register their wills under a separate legal regime that differs from the UAE’s default Shariah law inheritance system. This is an attractive option for non-Muslim expatriates who wish to ensure that their wills are followed according to their wishes.

The DIFC system allows the registration of wills relating to assets in Dubai, including property, investments, and bank accounts. The process is simple and involves submitting your will to the DIFC Wills Service Centre. Legal guidance is recommended to ensure that your will complies with the requirements of DIFC law.

Abu Dhabi Judicial Department (ADJD)

In Abu Dhabi, the ADJD provides a platform for will registration, particularly for those wishing to protect their assets in the emirate. Similar to the DIFC, the ADJD offers an alternative to Shariah law inheritance provisions, allowing non-Muslim expatriates to register their wills and ensure that their estates are distributed according to their wishes.

The ADJD system is designed to be user-friendly and accessible, with clear guidelines on how to register a wills Abu Dhabi. Individuals can register wills for both financial and real estate assets, and it is advisable to seek legal advice to ensure that all assets are properly documented.

Dubai Courts Wills Service

For those living in Dubai, the Dubai Courts Wills Service offers a comprehensive solution for will registration. This service allows individuals to register their wills in Dubai Courts, ensuring that their estate distribution is carried out according to their wishes. This service caters to both local residents and expatriates, though non-Muslim expatriates can register wills under specific provisions.

The Dubai Courts Wills Service is a highly recognized platform and provides clear guidelines for will registration. The process is straightforward, and individuals are encouraged to work with legal professionals to ensure the validity and effectiveness of their will.

Content Mandatory for a Will in UAE

When drafting a will in the UAE, certain content must be included for it to be valid. The will should clearly state:

The testator’s full name and identification details.
A list of the assets to be distributed, including property, investments, bank accounts, and other valuables.
The names of beneficiaries and the specific shares they will receive.
The appointment of guardians for any minor children.
Specific instructions for the distribution of assets.

This content is essential to avoid any ambiguity and ensure that your will is recognized by the relevant authorities, such as DIFC, ADJD, or Dubai Courts.

Ensure the Validity of a Will in UAE

To ensure the validity of a will in the UAE, it is important that the document is legally recognized by the appropriate authorities. This typically involves registering the will with one of the official platforms (DIFC, ADJD, or Dubai Courts) and complying with the legal requirements of the relevant jurisdiction.

Additionally, the will must be signed by the testator in the presence of witnesses who are legally acceptable under UAE law. Without these formalities, a will may not be enforceable.

Important Points to Remember When You Register a Will in the UAE

Language Issues: A will must be written in either Arabic or English. If the will is drafted in a foreign language, it must be translated into Arabic to be recognized under UAE law.
Witness Requirements: The will must be witnessed by two individuals who are not beneficiaries. They should sign the will in the presence of the testator to validate the document.
Guardianship Wills: If you have minor children, it is essential to appoint a guardian in your will to ensure that your children are cared for according to your preferences. A guardianship will is particularly important for expatriates.

Importance of Competent Legal Advice

When writing a will in the UAE, it’s crucial to seek competent legal advice. UAE inheritance laws can be complex, especially for expatriates, and working with a legal expert ensures that your will is legally sound and valid.

Legal professionals can help you navigate the complexities of local laws, identify assets, and draft a will that reflects your true intentions.

Will Writing and Updating

A will is a living document that may need to be updated or amended as your circumstances change. Major life events such as marriage, divorce, the birth of children, or changes in your assets may necessitate updates to your will.

Will Updating and Revocation

You can amend or revoke a registered will at any time by drafting a new will or following the appropriate legal procedures for revocation. This ensures that your will remains current and reflects your latest wishes.

Relevant Laws

Understanding the laws surrounding wills in the UAE is critical. While Shariah law governs inheritance for Muslims, non-Muslim expatriates can opt for a separate legal system, such as the DIFC or ADJD frameworks, to ensure their will is in accordance with their wishes.

Accessibility for Non-Residents

Non-residents who own property or assets in the UAE can still register a will, provided they follow the required legal procedures. Many expatriates choose to register their wills in the DIFC Wills Service or through the ADJD if they have assets in Abu Dhabi.

Witness Requirements

The will must be witnessed by two individuals who are not beneficiaries. These witnesses should be legally competent and sign the will in the presence of the testator. The presence of witnesses is a key factor in validating the document.

Testamentary Capability

The testator must be of sound mind and over the age of 21 to write a valid will in the UAE. If a person is not mentally competent or underage, their will may be considered invalid.

Electronic Registration

Some jurisdictions, such as the DIFC, offer electronic registration of wills. This can streamline the process and make it easier for individuals to manage their estate planning.

Guardianship and Minor Beneficiaries

When creating a will, consider appointing a guardian for minor children. This is especially important if you are an expatriate living in the UAE. The guardian will assume responsibility for your children in the event of your death.

Make Informed Decisions; Register Your Will the Right Way

The process of writing and registering a will can be complex, but it is an important step in ensuring your assets are distributed according to your wishes. Whether you are living in Dubai or Abu Dhabi, it is important to understand your options and the steps involved in registering a will in the UAE.

Will Registration Process

To register your will in the UAE, you will need to submit the document to the relevant authority, such as the DIFC, ADJD, or Dubai Courts. The process typically involves verifying your identity, submitting the will for review, and ensuring all requirements are met.

Probate and Asset Distribution

Once a will is registered and the testator passes away, the will must go through probate. This process involves validating the will, paying any debts, and distributing assets according to the testator’s instructions. In the UAE, this process can be managed through the DIFC, ADJD, or Dubai Courts.

Revoke and Amendment of Will

If you wish to revoke or amend your will, you must follow the legal procedures to ensure the changes are valid. This may involve drafting a new will or submitting the revocation request to the relevant authority.

Succession in the Absence of a Registered Will

If a person dies without a registered will, their assets will be distributed according to Shariah law or the relevant legal framework. This can lead to complications, especially for expatriates who do not wish their assets to be distributed in this way.

Foreign Wills

Foreign nationals living in the UAE can register foreign wills through DIFC or ADJD, ensuring that their wishes are honored even though their home country laws may differ.

When the Will Conflicts with Shariah Law

In cases where a will conflicts with Shariah law, the distribution of assets may be altered to comply with UAE inheritance laws. This can be avoided by choosing the appropriate jurisdiction for will writing registration, such as DIFC.

Legal Counsel and Professional Assistance

Seeking legal counsel is vital when writing and registering a will in the UAE. A qualified lawyer can help ensure that your will is valid, legally binding, and properly reflects your intentions.

By following these guidelines and registering your will in the UAE, you can ensure that your estate is handled according to your wishes and avoid unnecessary complications for your family. Whether you are in Dubai, Abu Dhabi, or another part of the UAE, registering a will is a vital step in securing your legacy.