How to Make a Will in Dubai for Non-Muslims?

Posted by Aaqil Faraj
5
Jul 22, 2024
62 Views

Creating a will is an essential step in ensuring that your assets and wishes are handled according to your preferences after your passing. For non-Muslims living in Dubai, there are specific laws and processes to follow. This guide will help you understand how to make a will in Dubai, focusing on the Dubai Wills process, the DIFC Wills Registry, and other important considerations.

Law for Will of Non-Muslims in Dubai

In Dubai, the legal framework for wills differs depending on your nationality and religion. Non-Muslims are governed by specific laws that cater to their needs.

  1. Dubai Wills for Non-Muslims: Non-Muslims in Dubai can have their wills drafted under the DIFC Wills Registry. This registry was established to provide a clear and secure process for non-Muslims to make their wills and ensure their assets are distributed according to their wishes.

  2. DIFC Wills Registry: The DIFC Wills Registry is a dedicated platform that allows non-Muslims to register their wills in Dubai. It provides a legal framework that respects the wishes of the testator (the person making the will) and ensures that their estate is handled according to their instructions.

  3. Company Formation in Dubai: If you own a business or have investments in Dubai, it's important to include these in your will. The DIFC Wills Registry accommodates provisions for business assets and company formation in Dubai, ensuring that your business interests are also considered.

After Preparing a Will, Ensure That the Professional

Once you have prepared your will, it's crucial to have it reviewed and verified by a professional. Here’s what you need to do:

  1. Consult with a Legal Professional: Engage a lawyer who specializes in Dubai Wills and estate planning. They can ensure that your will complies with Dubai laws and the DIFC Wills Registry requirements.

  2. Verification and Notarization: Have your will notarized by a public notary to add an extra layer of authenticity. This helps prevent any disputes or challenges to your will in the future.

  3. Register with DIFC Wills Registry: Submit your will to the DIFC Wills Registry for official registration. This step is crucial as it makes your will a legal document under Dubai law and ensures its enforceability.

  4. Keep Records: Maintain a copy of the registered will and any related documents in a secure place. Inform your executor and trusted family members about the location of these documents.

Where to Approach to Make a Will?

To make a will in Dubai, you should approach the following institutions:

  1. DIFC Wills Registry: The DIFC Wills Registry is the primary body for registering Dubai Wills for non-Muslims. They offer a streamlined process for will registration and provide guidance on the legal aspects.

  2. Legal Advisors: Consult with legal advisors who specialize in Dubai Wills. They can assist with drafting and reviewing your will to ensure it meets all legal requirements.

  3. Public Notary: A public notary can assist with the notarization of your will, which adds legal weight and helps in the smooth execution of the will.

  4. Estate Planning Services: Professional estate planning services can offer comprehensive advice on structuring your will and managing your estate effectively.

Steps To Follow to Issue a Will

Follow these steps to ensure your will is properly issued and registered in Dubai:

  1. Draft Your Will: Start by drafting your will. Include all necessary details such as your assets, beneficiaries, and any specific instructions for distribution. Ensure your will adheres to Dubai Wills guidelines and the DIFC Wills Registry requirements.

  2. Consult a Lawyer: Engage a legal professional experienced in Dubai Wills. They can provide advice on the content of your will and ensure it complies with local laws.

  3. Notarize Your Will: Have your will notarized by a public notary to confirm its authenticity. This step is crucial for the legal enforceability of your will.

  4. Register with DIFC Wills Registry: Submit your notarized will to the DIFC Wills Registry for official registration. This process involves filling out registration forms and paying the applicable fees.

  5. Receive Confirmation: Once registered, you will receive confirmation from the DIFC Wills Registry. Keep this confirmation with your will for future reference.

  6. Distribute Copies: Provide copies of your will to your executor and trusted family members. Ensure they know where the original document is kept.

  7. Review and Update: Periodically review and update your will to reflect any changes in your personal circumstances or assets. Re-register any updated wills with the DIFC Wills Registry.

Who Gets the Power of Attorney for Will in Dubai?

When making a will in Dubai, it's important to appoint a reliable individual as the executor. The executor will handle your estate according to your will. Here’s what you need to know about the power of attorney for your will:

  1. Choosing an Executor: Select an executor who is trustworthy and capable of managing your estate. This person will be responsible for carrying out your wishes and ensuring your assets are distributed correctly.

  2. Legal Requirements: The appointed executor does not need to be a UAE resident, but it is beneficial if they are familiar with local laws and regulations. For business assets, including company formation in Dubai, the executor should understand the specifics of managing such interests.

  3. Power of Attorney: If needed, you can grant power of attorney to a trusted individual to act on your behalf in legal matters related to your will. This is especially useful if your executor is not in Dubai.

  4. Documentation: Ensure that the power of attorney is legally documented and included in your will. This will help in executing your wishes smoothly and efficiently.

Conclusion

Making a will in Dubai is a crucial step in ensuring that your assets and wishes are managed according to your preferences. By following the Dubai Wills process and registering with the DIFC Wills Registry, you can ensure that your will is legally enforceable and respected. Whether you have personal assets or company formation in Dubai, it's important to include all relevant details in your will.

Engage with legal professionals, notarize your will, and register it with the DIFC Wills Registry to ensure its validity. Appoint a trustworthy executor and keep your documents secure. By taking these steps, you can have peace of mind knowing that your estate will be handled according to your wishes.

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