A Step-By-Step Guide To Registering A Will In The UAE
Registering a will in the United Arab Emirates (UAE) ensures that assets are distributed according to individual wishes upon death, minimizing complications for family members left behind. This inclusive guide simplifies registering wills in UAE under DIFC Courts Wills Service or Abu Dhabi Judicial Department.
Understanding the Basics:
Before drafting and registering a will, understand the local laws governing inheritance matters. Islamic law, or Sharia Law, applies unless specified otherwise in a registered will. Non-Muslim expatriates living in Dubai can opt for DIFC Wills Service Centre registration while those residing outside Dubai follow procedures established by their respective emirate courts.
Determine eligibility:
Before proceeding, confirm eligibility criteria set forth by local authorities. Generally speaking, non-Muslim individuals owning property or assets within the country can draft and register their last testamentary disposition. However, certain restrictions apply regarding inheritance matters involving minors or special needs individuals.
Choosing the right jurisdiction:
Determine which court suits your situation: Dubai International Financial Centre (DIFC) Courts or Abu Dhabi Judicial Department (ADJD). Both jurisdictions accept non-Muslim expatriates owning properties in their respective emirates. However, those holding assets outside these regions should opt for DIFC courts since ADJD solely handles local property matters.
Selecting the appropriate will type:
Choose between Mirror Wills (identical documents executed by couples), Single Wills (individualized documents reflecting personal preferences), or Full Family Wills (inclusive testamentary provisions covering spouse and children). Note that full family wills require all involved parties’ participation.
Preparation of documents:
Gather relevant documentation including passport copies, visa pages, marriage certificates, birth certificates for dependent(s), proof of asset ownership, and executors’ details if applicable. These materials aid draft preparation and expedite registration procedures.
Engaging legal counsel:
Consult licensed legal professionals proficient in UAE law to prepare and review your will accurately. They guarantee adherence to regional regulations, mitigate risks of misinterpretation, and provide valuable insights regarding inheritance laws. Reputable firms specializing in this area exist throughout major cities like Dubai and Abu Dhabi.
Document review and execution:
Review the completed document thoroughly, checking factual accuracy, clarity, and completeness. Once satisfied, sign the will alongside two witnesses who aren’t beneficiaries or relatives. Failure to comply strictly with witness requirements may invalidate the entire document.
