Wills in Dubai

A will is a legal document outlining how a person’s assets will be distributed after their death. It can detail the division of assets among family members, friends, or even charitable causes. Some individuals also choose to include provisions for their pets in their will.

A well-structured will lists all the assets owned by an individual and specifies who will inherit them. This document can be vital, especially for expatriates who own property or assets in the UAE.

Importance of a Will in the UAE

If you own assets in the UAE, it’s crucial to create a will to ensure your wealth is distributed according to your wishes. Without a will, the distribution of your estate may follow a complex and lengthy legal process, especially for expatriates.

For Muslims:

If you’re a Muslim living in the UAE, your assets will be distributed according to Shariah law. Heirs can include your spouse, children, parents, siblings, and extended family members, as determined by Islamic inheritance laws.

For Non-Muslims:

Non-Muslim expatriates will have their assets distributed according to the laws of their home country. To ensure a smooth process, it’s important to have a certified will in place, as this will help avoid delays in legal procedures. Creating a will ensures your family will inherit without unnecessary obstacles.

Consequences of Dying Without a Will in the UAE

If you pass away without a will in the UAE, several complications can arise, including:

1. Frozen Accounts: Your personal and corporate accounts will be frozen until the court issues a ruling, which could take months or even years.

2. Joint Accounts: If you hold a joint account with a spouse, it will also be frozen, as the UAE does not recognize survivorship laws, meaning the surviving spouse may not automatically access the funds.

3. Visa Cancellations: Family members’ UAE residence visas may be canceled.

4. Asset Distribution: Without a will, your assets may not go to your closest family members, potentially causing disputes.

5. For Women: If a husband passes away without a will, his wealth could pass to his brother instead of his wife or children. Moreover, custody of small children could be disputed, often favoring the husband’s family.

Protecting Your UAE Assets

Expatriates with assets in the UAE should think ahead and make provisions for the distribution of their wealth. The UAE’s inheritance laws for non-Muslims are unclear and contradictory, so relying solely on them can be risky. A court case may ensue, depending on the specific judge involved, and the conflicting laws—such as the Civil Code and Personal Law—could make the process unpredictable.

The best solution for expatriates is to create a local non-Muslim will in the UAE. This process has become popular among expatriates, offering clarity and security regarding the distribution of assets in case of death.

Types of Wills in the UAE

Wills in the UAE can cover various assets, including:

• Bank Accounts: Both personal and corporate bank accounts.

• Real Estate: Properties owned in the UAE.

• Guardianship of Children: Ensuring your children are cared for by the right guardians.

• Company Shares: For those owning businesses in the UAE, it’s vital to ensure your company’s shares are transferred according to your wishes.

Wills can also be categorized into:

• Single Will: From one person to their heirs.

• Mirror Will: Between two people, often couples, to benefit each other.

• Corporate Will: Essential for business owners in the UAE, ensuring the succession of company shares and management.

For UAE-based companies, particularly Mainland companies with local shareholders, it’s important to specify in the Memorandum of Association who will inherit the shares in case of death to avoid complications under Shariah law.

How to Make a Will in the UAE

Expatriates in the UAE can register their wills at one of the following authorities:

• Abu Dhabi Judicial Department: Valid for any assets in any UAE emirate.

• Dubai Courts: Also valid for any assets across the UAE.

• DIFC Wills and Probate Registry: Specifically for Dubai and Ras Al Khaimah-based assets.

Requirements for Will Registration in the UAE

To register a will in the UAE, the following conditions must be met:

1. You must not be a Muslim (or have never been a Muslim).

2. You must be over 21 years old.

Cost of a Will in the UAE

The cost of registering a will depends on the authority chosen for attestation, and fees may vary accordingly.

By establishing a will in the UAE, expatriates can ensure that their assets are properly handled and passed on to their loved ones without unnecessary delays or complications.

Time Frame for Preparing a Will in the UAE

The process of preparing a will typically involves drafting the document, translating it into Arabic, and completing the attestation. Generally, all procedures can be completed within 2-3 days.