A will is a legal document that outlines how an individual wishes to distribute their assets (property, money, and possessions) after their death. It allows the individual, known as the testator, to decide who receives their assets and in what proportions. Ultimately, a Will serves to honor the testator’s wishes and ensure that their loved ones are provided for according to their expressed intentions.
This blog will guide you through the process of Will registration in the UAE.
Why is a Will necessary?
- Ensures the wishes of the testator are respected:
Without a will, the distribution of the assets will be governed by Sharia law. These laws may not align with personal desires or family circumstances. - Avoids family disputes:
A clearly defined will can minimize potential conflicts and disputes among family members regarding the inheritance. - Provides for loved ones:
One can ensure that their loved ones, including children, spouses, and other dependents, are financially secure after his or her death. - Facilitates guardianship:
If there are minor children, a will allows one to designate a legal guardian to care for them.
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Mandatory contents of a Will:
A Will Registration in the UAE must include the following mandatory contents:
- Testator’s Information:
Full name, nationality, and other relevant personal details should form part of the Will. - Asset Description:
Clear and detailed specification of all assets, including real estate, bank accounts, investments, and personal belongings. - Executors:
Appointment of one or more executors responsible for managing the estate and distributing assets to the beneficiaries. - Beneficiaries:
Clearly named and identified beneficiaries, including family members, friends, charities, or institutions. - Guardianship:
If the testator has minor children, the Will should name guardians for their care. - Specific Instructions:
Any particular conditions or instructions on how assets should be distributed must be outlined.
Mandatory Conditions to Register a Will:
To be legally valid in the UAE, a Will must adhere to specific requirements:
- The testator must be at least 21 years old and of sound mind, fully understanding the implications of their decisions.
- The Will must be documented in writing, as oral Wills are not recognized.
- The testator must sign the Will in the presence of two mentally competent adult witnesses who are not beneficiaries. These witnesses must also sign, confirming the testator’s signature.
- The Will must be registered with the appropriate authority, such as the DIFC, Dubai Courts, or the Abu Dhabi Judicial Department.
Meeting these requirements ensures the Will’s validity and enforceability, providing clarity and certainty regarding asset distribution after the testator’s death.
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Additional points to consider:
- A Will can be revoked or amended at any time by the testator. Any changes must be properly documented, and the revised Will must meet the same legal requirements as the original.
- If the shareholder dies in the UAE without a valid, registered will, their estate will be distributed according to the country’s intestacy laws, as outlined in the Personal Status Law and Federal Law No. 5 of 1985 concerning Civil Transactions. These laws determine who inherits the assets based on their relationship to the deceased.
- While the UAE may recognize foreign wills under certain conditions, these wills must generally comply with the legal requirements of both the testator’s home country and the UAE. Approval from UAE courts is also typically required.
- It is important to note that Sharia law plays a significant role in inheritance matters in the UAE. If a will’s provisions conflict with Sharia principles, disputes may arise. UAE courts will resolve these conflicts, applying relevant laws and Sharia principles to their decisions.
- Probate is a court process that confirms the validity of a will and appoints an executor to manage the deceased person’s assets and distribute them according to the will.
It is highly recommended to seek professional legal advice when drafting a Will in the UAE to ensure it is valid and enforceable. BCL Globiz has the expertise in registering wills with DIFC, Dubai Courts, or the Abu Dhabi Judicial Department. Feel free to reach out to us at info@bclglobiz.com for any assistance related to Will registration and related queries.
