How to Register a Will in UAE: Requirements and Procedures

Creating a will is one of the most important steps to ensure that your assets are distributed according to your wishes after your passing. In the UAE, registering a will is a straightforward process but requires careful consideration of legal requirements. This guide will take you through the essential steps, legal requirements, and various options for will register in Dubai and Abu Dhabi.

Object of a Will

A will serves as a legal document through which a person, known as the testator, outlines how their property, assets, and liabilities should be managed and distributed after their death. The primary objective of registering a will in the UAE is to provide clear directions for the distribution of assets, reduce the potential for family disputes, and ensure that the wishes of the deceased are respected. Without a registered will, the default rules under Shariah law apply, which may not align with the deceased’s wishes.

Where Can I Register a Will

In the UAE, individuals can register their wills in various legal institutions depending on their place of residence. It is important to choose the correct platform for will registration to ensure the document is legally valid.

Dubai International Financial Centre (DIFC)

One of the most prominent places for will registration is the Dubai International Financial Centre (DIFC). This jurisdiction allows expats to register wills that apply to their real estate, assets, and estates in the UAE. DIFC wills offer expats the ability to avoid Shariah inheritance laws, ensuring that their estate is distributed in accordance with their preferences. The DIFC will register in Dubai process is designed to give non-Muslims peace of mind, as it provides clear, enforceable rules for their estate distribution.

Abu Dhabi Judicial Department (ADJD)

For residents of Abu Dhabi, wills Abu Dhabi registration is handled by the Abu Dhabi Judicial Department (ADJD). This service is available for both Emiratis and expatriates, and it provides a system where a will can be drawn up, executed, and enforced under Abu Dhabi law. The ADJD service is widely utilized by both residents and non-residents, as it allows individuals to appoint executors, beneficiaries, and guardians for minor children within their will.

Dubai Courts Wills Service

Dubai Courts Wills Service is another legal option for will registration in Dubai. This service allows residents and expats alike to register a will through the courts. Dubai Courts offer a user-friendly and accessible platform for will writing and registration, ensuring the validity and legal recognition of the document in the UAE. The Dubai Courts will register in Dubai service helps expats bypass Shariah law and ensures that their estate is managed according to their wishes.

Content Mandatory for a Will in UAE

When writing a will in the UAE, certain information is mandatory to ensure the will is legally valid. Here’s a list of the key elements that should be included:

• Personal details: Full name, nationality, and contact information of the testator.
• Executor: The individual or institution responsible for executing the will.
• Beneficiaries: Individuals or organizations who will inherit the estate.
• Distribution of assets: Clear instructions on how the estate should be divided.
• Guardianship: If there are minor children, it is crucial to include guardianship wills indicating who will care for them.
• Funeral arrangements: In some cases, individuals may include funeral preferences.

Ensure the Validity of a Will in UAE

To ensure that a will is legally valid in the UAE, it must meet certain requirements. The testator must be of sound mind and at least 21 years old. The will must be written, signed, and witnessed by two competent individuals, ensuring that there are no conflicts of interest. It is also essential that the will complies with UAE law, including Shariah law for Muslims.

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

• Language Issues: It is important to ensure the will is drafted in a language that is understood by all parties. In the UAE, wills can be written in Arabic or English, but both versions must be legally recognized.
• Witness Requirements: A valid will requires the presence of two independent witnesses, who are not beneficiaries of the will.
• Testamentary Capability: The testator must be mentally competent to create a valid will.
• Guardianship and Minor Beneficiaries: Special consideration is given to guardianship wills for minor children to appoint a legal guardian in case of the testator’s death.

Importance of Competent Legal Advice

Before writing and registering a will in Dubai or Abu Dhabi, seeking legal advice is crucial. A qualified lawyer can help ensure that the will is drafted according to the testator’s wishes and complies with the relevant laws. Without legal assistance, there is a risk that the will could be challenged or deemed invalid by the courts.

Language Issues

Language can be a significant barrier in the will writing process, particularly for expatriates. It is crucial to ensure that the will is written in a language understood by both the testator and the beneficiaries. Both English and Arabic are accepted languages in the UAE, but if the will is written in English, a certified Arabic translation is necessary for legal recognition.

Will Updating and Revocation

A will can be updated or revoked at any time, provided the testator is of sound mind. It is important to notify all relevant parties, including executors and witnesses, when a will has been amended or revoked. Regularly updating a will ensures that it reflects current wishes, especially when significant life changes such as marriage, divorce, or the birth of children occur.

Relevant Laws

In the UAE, the relevant laws governing will registration include the UAE Civil Code, DIFC Wills and Probate Registry, and the Abu Dhabi Judicial Department laws. Understanding the local legal framework is crucial to ensure your will is legally valid.

Accessibility for Non-Residents

Non-residents can also register their wills in Dubai, especially if they own property or assets in the UAE. DIFC, Dubai Courts, and ADJD offer services that are specifically designed for non-residents, allowing them to ensure that their assets are properly handled according to their wishes.

Witness Requirements

For a will to be valid, it must be signed by the testator in the presence of two independent witnesses. These witnesses must not be beneficiaries of the will, and they must confirm that the testator was of sound mind and was not under duress when making the will. The presence of qualified witnesses is essential to avoid disputes over the will’s validity.

Testamentary Capability

Testamentary capacity refers to the legal ability of an individual to create a valid will. In the UAE, a person must be over 21 years old and must be mentally sound at the time of drafting their will. If there is any doubt regarding the testator’s mental capacity, the will may be challenged in court.

Electronic Registration

The UAE has made great strides in digitizing the will registration process. Both the DIFC and Dubai Courts now offer electronic registration services, making it easier and more convenient for individuals to register their wills. Electronic registration allows for greater accessibility and efficiency, ensuring that the will is stored securely and can be accessed when needed.

Guardianship and Minor Beneficiaries

A guardianship will is essential for expatriates with minor children. It specifies who will take care of the children in the event of the parents’ death. The UAE legal system places great importance on ensuring the welfare of minor children, and guardianship wills are a vital part of estate planning for parents.

Make Informed Decisions; Register Your Will the Right Way

Registering a will in the UAE is a crucial step in protecting your estate and ensuring your wishes are respected. By making informed decisions and seeking legal counsel, you can ensure that your will is valid and enforceable in the UAE.

Will Registration Process

The will registration process generally involves drafting the will, signing it in the presence of two witnesses, and then submitting it to the appropriate legal body (DIFC, Dubai Courts, or ADJD). It is advisable to engage a legal expert to ensure the will complies with all legal requirements.

Probate and Asset Distribution

After a testator passes away, the probate process begins, which involves proving the validity of the will in court and distributing the assets. This process can be lengthy and complicated, but having a registered will in place helps streamline the procedure.

Revoke and Amendment of Will

A will can be revoked or amended at any time, provided the testator is still mentally competent. It is important to formally revoke any old wills to avoid confusion, especially when substantial changes in assets or family circumstances occur.

Succession in the Absence of a Registered Will

If a person dies without a registered will, their estate will be distributed according to Shariah law in the UAE. This may not reflect the wishes of the deceased, especially for non-Muslims. Therefore, it is highly recommended to register a will in Dubai or Abu Dhabi to avoid automatic application of Shariah inheritance rules.

Foreign Wills

For expatriates with assets both in their home country and in the UAE, registering a foreign will may be necessary. The UAE recognizes foreign wills, but it is important to ensure that the will complies with both the UAE and foreign laws.

When the Will Conflicts with the Shariah Law

In some cases, a will may conflict with the Shariah laws governing inheritance. Non-Muslims in Dubai and Abu Dhabi can avoid this conflict by registering their will through DIFC or ADJD, which provide a legal framework that overrides Shariah law in such matters.

Legal Counsel and Professional Assistance

Given the complexity of the legal landscape in the UAE, it is essential to seek legal counsel when drafting and registering a will. A legal expert specializing in wills and estate planning can guide you through the process, ensuring that your will complies with UAE law and reflects your wishes accurately.

By understanding the will registration process in Dubai and Abu Dhabi, individuals can ensure that their assets are distributed as they desire. Whether you are creating a will register in Dubai, writing a will for the first time, or updating an existing one, having professional legal guidance ensures that your will is valid and enforceable. 

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