What is the process of creating and executing a Will for assets in the UAE?

Creating and Executing a Will in UAE for Assets in UAE

In the United Arab Emirates (UAE), creating and executing a will for assets located in the UAE involves specific legal procedures that must be followed to ensure the proper distribution of assets according to the wishes of the testator. Here is a step-by-step guide on how to create and execute a will in the UAE for assets located in the UAE:

1. Understanding the Legal Framework:

In the UAE, wills are governed by Federal Law No. 5 of 1985 concerning Civil Transactions Law, as well as local laws in each Emirate.

Sharia law applies to wills and inheritance matters for Muslims, while non-Muslims can opt for their home country’s laws or local laws.

2. Capacity and Eligibility:

The testator must be of sound mind, at least 21 years old, and have full legal capacity to create a will.

Non-Muslim expatriates can register a will at the DIFC Wills Service Centre under Dubai International Financial Centre (DIFC) laws.

3. Drafting the Will:

The will should clearly identify the testator, beneficiaries, and details of assets being distributed.

It is advisable to seek legal advice to ensure that the will complies with local laws and is properly drafted.

4. Registration of the Will:

Wills can be registered at the Notary Public in each Emirate or through the DIFC Wills Service Centre for non-Muslim expatriates.

Registration helps ensure that the will is legally valid and can be executed smoothly.

5. Execution of the Will:

Upon the death of the testator, beneficiaries need to present a death certificate and proof of identity to initiate probate proceedings.

The executor named in the will or appointed by the court will oversee the distribution of assets according to the terms of the will.

6. Probate Process:

The probate process involves validating the will, settling debts, paying taxes, and distributing assets as per the testator’s wishes.

The court may appoint an administrator if there are disputes or challenges regarding the will.

7. Asset Distribution:

Once all legal requirements are met, assets specified in the will are distributed among beneficiaries according to the instructions provided.

It is crucial to seek legal advice from experts specializing in estate planning and inheritance laws in Dubai or other Emirates when creating a will to ensure compliance with local regulations and smooth execution of asset distribution.

Dear Questioner,

Thanks for your inquiry.

The process of creating and executing a will in the UAE for assets located in the UAE is as follows:

1. Determine the applicable law: The first step is to determine which law will govern the creation and execution of your will. In the UAE, there are two options: the law of your home country or the UAE law.

If you choose the law of your home country, you will need to ensure that your will is valid under that law and that it can be recognized and enforced in the UAE.

2. Consult a lawyer: It is highly recommended to consult a lawyer who is familiar with the UAE laws and regulations regarding wills. They can guide you through the process and ensure that your will is valid and enforceable.

3. Draft your will: Your lawyer will help you draft your will according to the applicable law. The will must be in writing and signed by you in the presence of two witnesses. The witnesses must also sign the will.

4. Register your will: In the UAE, it is not mandatory to register your will, but it is highly recommended. Registration of your will with the DIFC Wills and Probate Registry or the Dubai Courts will ensure that your will is legally recognized and enforceable in the UAE.

5. Appoint an executor: An executor is a person who will be responsible for carrying out the instructions in your will. You can appoint a trusted family member, friend, or professional executor.

Please feel free to contact us by phone or email for further guidance.

Greetings,

Creating and executing a Will in Dubai is very simple.

Depending on who you choose to inherit these assets and in what structure, which may be tricky.

Contact us by phone or via email. We can assist you in drafting a proper Will for your assets here in the UAE.

Wills registered with Dubai Courts apply to all emirates.

The official Dubai Courts fee for registering a will is approximately AED 2,020 per will, and the fee for a mirror will is doubled when a husband and wife issue wills that mirror each other.

A Dubai Court will can be registered either in person or electronically through notary offices in Dubai.