Questions & Answers
Drafting of Mirror Will and power of attorney to manage property
My father and I jointly own a property in Dubai.
My father is retired, he has a UAE residence visa sponsored by me but is mostly in India.
I need guidance on the drafting of a mirror Will and power of attorney (for myself to perform leasing tasks on his behalf).
Dear Sir/ Madam,
Thank you for reaching out to me on this.
As I understand you have a requirement for two documents i.e. Mirror Will and Power of Attorney. Both documents cater to different needs and have different ways of implementation.
1- Power of Attorney- Your father giving you POA. This document will help you lease/sell/manage and do misc activities in connection with the property on behalf of your father.
However, this document will only be valid while you and your father are alive. In an unfortunate event of the demise of your father or yourself, the effect of the POA will end.
Your father can notarise the POA from India and need not come down to UAE.
2- Mirror Will: This document should be drafted to protect the property ownership in case of the demise of either party.
You have an option to register your will with Dubai Courts or with DIFC Wills Center. Both the Wills centre has its own pros and cons in connection with language, cost, execution of wills.
For registering the mirror will, you and your father will have to be physically present in the UAE.
I trust now you have a general idea regarding the workability of both wills and POA in the UAE.
You may contact me further on the phone or email for further discussion and clarifications.
Regards,
Hari Wadhwana
Dear Questioner,
Since you are a first degree relative to your father, you can do some of the leasing duties without a power of attorney as long as you prove the relationship.
Nevertheless, it is important to have the power of attorney for signing the lease agreement and prevent any uncertainty.
The POA can be prepared and signed by your father at the Notary Public in Dubai, otherwise, if he signs it in India, the POA will have to be translated, attested by the relevant Embassy of the UAE in India and subsequently legalized by the Ministry of Foreign Affairs in the UAE.
For the Wills, you have two options of registering the wills:
a) in the DIFC where the English language prevails, or
b) at the Notary Public in Dubai and it will be governed under the Dubai Courts where the Arabic language prevails.
You can also have a look at the article: "Alternatives to the Sharia Inheritance Law in the UAE" for further understanding.
If you require further assistance please contact me on the below number.
Good Luck.
