Overview of Wills
A Will is a legally created and bonded document that expresses your desires about the transfer of your money and possessions following a person’s demise. It is also a strong tool for regulating the distribution of property and the appointment of guardians in the short term. Not only does it protect the individual’s family, but it also lays out how the affairs will be managed. This is also called the Last Will and Testament. If you prepare a Will while you are alive, it is often submitted to the probate court in your community after your death. The executor is then given permission by this court to allocate your assets in accordance with your Will, provided that there are no disagreements or other issues.
In situations where the death occurred without a Will, your property or assets will be divided by a local court in accordance with the intestacy statutes of your state. They usually leave a portion of your property to your parents, siblings, spouse or partner, kids, and other family members. However, this might not always be in the sequence or quantities that you would want. This is when the Will services provided in the United Arab Emirates (UAE) come into play, ensuring your UAE assets are in safe hands.
Why is a Will required in the UAE?
If you are living in the UAE, it is advisable to prepare a final Will and testament, comprehend succession law, and recognise what happens to your assets and money after your demise. It is essential to know that in cases where the deceased has not left clear legal instructions about the distribution of their property, the local courts have the authority to apply the Shari’a Law. This gives someone else the authority to evaluate your assets and divide them in accordance with Shari’a law.
There are multiple reasons for an individual to incorporate a Will while living in a country that is not his native country, but some of the major reasons to prepare a Will are as follows:
- Distribution of assets: One of the reasons behind having a Will in the UAE could be the distribution of one’s assets as per their own concerns. But if there is no Will in place, the UAE courts will apply Shari’a law to the distribution of their movable and immovable assets in the country.
- Guardianship: If a will is not in place, the guardianship of their children under the age of 21 will be decided by the court in accordance with UAE law. This could result in your wife not being named as the guardian of your minor children. However, by having your Will properly registered, you can appoint your wife as their guardian.
- Bank accounts: Bank accounts get frozen in the UAE upon a person’s death. This includes both individual and joint accounts. Therefore, a Will can be a valuable tool to ensure that your spouse has control over your bank accounts in the event of your death, once the probate process is complete.
- Cancellation of visas: Family residence visas will be cancelled upon the death of the individual (husband), and the family must leave the UAE within 30 days. This means important inheritance issues must be resolved effectively and during this period.
Types of Wills in the UAE
Any non-Muslim who owns assets and resides in the UAE can register the following types of Wills:
1. Notary Public Will: A testator can register his Will in any Emirates in the UAE where he keeps all his assets and where he resides. Such forms of Wills are registered with the notary public of that emirate. This must be prepared in English and Arabic.
2. Dubai International Financial Center (DIFC) Wills: Non-Muslims in the UAE can register their Wills with the DIFC Court Wills Service. These Wills are drawn up and registered in accordance with the DIFC Wills and probate registry rules, which are based on common law principles. The main advantage of a DIFC Will is that the will and the Probate process is in English, making it a smooth probate process.
DIFC offers multiple forms of Wills which are:
- Full Will
- Property Will
- Business ownership Will
- Financial assets Will
3. Abu Dhabi Global Market (ADGM): The wills service is available to non-Muslim employees of ADGM and ADGM registered entities, aged 21 years or more. The will must be in a bilingual format (Arabic and English) certified by a translator licensed by the UAE Ministry of Justice.
Laws and Regulations Governing Wills in the UAE
According to Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai, the requisites to register the Will in the UAE include the following:
1. The testator must be a non-Muslim.
2. The validity conditions for the Will must be satisfied.
3. Nomination of an executor and the procedure for disposing of the property.
4. The testator must have signed the Will or affixed his seal or fingerprint to it, in the presence of two (2) witnesses.
5. The text of the Will must not have been altered by deleting or erasing any part thereof, or by adding or inserting new text.
6. All the fees prescribed by the legislation in force in the Emirate must have been paid.
Wills for Muslims in the UAE: A Muslim can only Will 1/3rd of his property to non-family members, including non-Muslims, after paying back all his debts. This value of 1/3rd can be increased if all the legal heirs allow the testator, through consent, to do so.
Will Services Provided by Gatestone Group
The in-house lawyers and legal team at Gatestone Group are ready to provide you with the following Wills in the UAE:
1. Property Will
2. Financial Assets Will
3. Business Owners Will
4. Guardianship Will
5. Full Will
What is succession planning in the UAE?
Before the assets in the UAE can be transferred to the legal heirs of the deceased, the family must file an inheritance case in the personal status court in the relevant Emirates. Subsequently, the court will order the relevant authorities to transfer the shares in accordance with Shari’a law. Succession planning as per Shari’a law is a more suitable process for Muslims because Shari’a law predefines the percentage of shares to be transferred to the legal heirs, and the testator cannot do injustice to the legal heirs.
Succession planning includes drawing up a will and/or filing a succession case in the personal status courts of the relevant Emirates. The non-Muslims rely on the will, and in the absence of the will, the testator files a succession in the personal status court of the relevant country. Both processes are mediums for the transfer of assets to the legal heirs after the death of an individual.
Secure Your Legacy Today: Explore Our Will Services in the UAE
In conclusion, drafting a Will is not just about distributing assets; it’s about ensuring your legacy lives on according to your wishes. Gatestone Group’s will services offer peace of mind and legal assurance, empowering you to protect your loved ones and preserve your estate. With our expert guidance, you can navigate the complexities of estate planning with confidence.
Ready to safeguard your legacy and ensure your loved ones’ future? Gatestone Group will assist you in registering a Will that reflects your values and secures your family’s future. Schedule a consultation today and take the first step towards peace of mind.
FAQs
A Notary Public Will is a testament Will prepared in English and Arabic following the UAE Civil Code and is registered with the Notary Public at Dubai Courts. The testator must be a non-Muslim over the age of 21 years old.
Mirror Wills in the UAE are two single Wills specially for married couples who have similar or identical wishes. This is also done when a couple has joint assets or have some assets under individual names.
While it is not mandatory, non-Muslim expats living in the UAE can register Wills to opt out of the Shari’a Law that would be automatically applied if you do not have a Will in place. This can simplify the process of asset distribution and ensure that your wishes are legally recognised and followed in the event of your passing.
If an individual dies without having a Will in place in the UAE, the assets will be distributed amongst the heirs as per the Shari’a Law.
The following are the Wills that can be registered in the UAE:
- Property Will
- Financial Assets Will
- Business Owners Will
- Guardianship Will
- Full Will