Ensure Your Legacy with Will Formation in the UAE

Will Formation in the UAE

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Will Formation in the UAE

A will is a legal document that outlines how a person's assets, belongings, and responsibilities should be managed and distributed after their demise. 

In the UAE, wills are particularly important for non-Muslim expatriates who wish to avoid the application of Sharia inheritance laws by default, as these laws might distribute assets differently from the person's wishes.

For non-Muslims, the UAE offers special provisions to ensure that inheritance can be allocated according to personal wishes rather than religious mandates. 

This includes options such as the DIFC Wills and Probate Registry or Abu Dhabi’s Non-Muslim Wills Registry, which allow non-muslim expatriates to create wills governed by their home country’s laws or their own preferences.

Forming a will in the UAE provides non-muslim residents with reassurance that their assets will be managed as they intended, providing security for their family members and appointed beneficiaries. 

It also allows for the appointment of an executor, who will be responsible for overseeing the estate’s distribution and can include specific instructions for the guardianship of minors. 

Registering a will with the appropriate UAE authority further strengthens its legal validity, ensuring that it is enforceable under the UAE legal system.

Overall, creating a will in the UAE enables expatriates to achieve a high degree of control over their legacy, ensuring their assets are distributed according to their values and providing their family members with financial security and clear guidance.

Differences Between Muslim and Non-Muslim Wills

 Non-Muslim Wills

Non-Muslims in Dubai have more flexibility when it comes to drafting their wills. They are not automatically bound by Sharia law, which mandates specific shares for heirs. Instead, they can choose to distribute their assets according to their preferences, ensuring that their wishes are respected.

Dubai offers two primary options for non-Muslims to register wills:

Dubai Courts (Notary Public)
Dubai International Financial Centre (DIFC) Wills Service Centre
Abu Dhabi Global Market (ADGM) Courts Wills Service

Non-Muslims have the option of drafting their wills in both English and Arabic, ensuring that there is no confusion regarding their intentions. These wills can be registered with either the Notary Public, which is part of the Dubai Courts, or with the DIFC or ADGM Wills Service Centre, both of which offer specialized services for non-Muslim residents.

Muslim Wills

Muslims in Dubai are governed by Sharia law for matters of inheritance. Under Sharia, there are specific rules governing how assets are divided among heirs, with a fixed proportion allotted to different family members. A Muslim individual may only allocate one-third of their estate to beneficiaries of their choice (who may not be traditional heirs under Sharia law), while the remaining two-thirds must be distributed according to Sharia’s predetermined rules.

However, Muslims also have the option to prepare a will in Dubai, particularly if they wish to make charitable donations or allocate a portion of their wealth to non-heirs. The creation of a will ensures that the wishes of the individual are honored within the framework of Sharia law. Muslim wills are typically registered with the Notary Public at the Dubai Courts.

Advantages of Will Formation in the UAE

Control Over Asset Distribution

Enables individuals, especially non-Muslim expatriates, to distribute assets according to personal wishes rather than default inheritance laws.

Protection for Family and Beneficiaries

Allows for clear instructions on financial support for family members, which can prevent disputes among heirs and provide financial security for loved ones.

Choice of Guardianship for Minors

Parents can designate guardians for minor children, securing their care and avoiding reliance on default legal decisions.

Legal Clarity and Efficiency

A properly registered will reduces legal uncertainties and expedites the process of estate distribution, minimizing delays for family members.

Charitable Giving

Muslims can allocate up to one-third of their estate to charities or non-heirs, while non-Muslims can specify any portion, allowing people to support meaningful causes.

Compliance with UAE Laws 

Registered wills ensure that asset distribution aligns with UAE legal requirements, whether governed by Sharia law for Muslims or personal choice for non-Muslims.

Peace of Mind

Knowing that your loved ones are protected and that your assets will be managed according to your wishes provides significant peace of mind.

Cross-Border Asset Management

For expatriates with assets in multiple countries, a UAE-registered will can be tailored to streamline cross-border inheritance procedures.

Types of Wills in Dubai, UAE

DIFC Wills

The Dubai International Financial Centre (DIFC) offers a Wills Service Centre that provides non-Muslims with a specialized facility to register their wills. This service is particularly suited for non-Muslim expatriates who have assets in Dubai and Ras Al Khaimah.

ADGM Wills

Similar to DIFC, the Abu Dhabi Global Market (ADGM) Wills Service offers non-Muslims the option to register their wills and asset distribution preferences, applicable within Abu Dhabi.

Notary Public Wills (Dubai Courts)

Non-Muslim wills can also be registered with the Dubai Courts’ Notary Public, which allows wills in English and Arabic and covers assets across the UAE, though it generally applies Sharia law unless specified otherwise through registration with DIFC or ADGM.

Sharia-Compliant Wills

Muslims in the UAE are governed by Sharia law for inheritance matters, which prescribes specific shares for family members. However, Sharia law allows up to one-third of the estate to be allocated to non-heirs or charities.

What are the Rules for Will Registration in UAE?

In the UAE, the rules for will registration vary slightly depending on the emirate where the assets are located. Here are the general rules and procedures for registering a will in the two main emirates, Dubai and Abu Dhabi

Dubai (DIFC Wills Service Centre)

01. Jurisdiction

The DIFC Wills Service Centre (DIFC WSC) provides a separate legal framework for non-Muslims to register wills covering their Dubai-based assets.

02. Applicability

This service is available to non-Muslims who have assets in Dubai. Muslims can also use this service for their Dubai-based assets if they choose.

03. Requirements

The will must be drafted in accordance with the DIFC WSC rules and must be registered with them.
It must be notarized by a DIFC-approved wills draftsman or notary public.
Two witnesses must be present during the registration process.

04. Validity

Once registered, the will is recognized under the DIFC jurisdiction and can cover assets in Dubai.

05. Process

The registration process involves submitting the will, paying the required fees, and attending a registration appointment at the DIFC WSC.

Abu Dhabi (Abu Dhabi Judicial Department)

01. Jurisdiction

The Abu Dhabi Judicial Department (ADJD) oversees registration for both Muslims and non-Muslims in Abu Dhabi.

02. Applicability

All residents, including Muslims and non-Muslims, can register wills with the ADJD for assets located in Abu Dhabi.

03. Requirements

The will must be drafted in Arabic or translated into Arabic if originally in another language.
It must be notarized by an ADJD-approved notary public.
Witnesses are typically required during the notarization process.

04. Validity

Registered wills with the ADJD are recognized under UAE law and can cover assets in Abu Dhabi.

05. Process

The process involves submitting the will, along with required documents and fees, to the ADJD. The will is then notarized and registered with them.

Process of Will Formation in the UAE

Timeline: 3 to 5 weeks

01 Initial Consultation 

Consult a legal advisor to understand the best options based on personal and asset-related needs, whether to register with the DIFC Wills Service Centre, ADGM Courts, or Dubai Courts (Notary Public) based on residency and asset locations.

Takes 1 to 2 days 

02  Drafting the Will

A legal professional drafts the will, specifying asset distribution, beneficiaries, executors, and any guardianship details. Drafts are prepared in both English and Arabic if necessary for Dubai Courts, ensuring legal clarity.

Takes 5 to 10 days 

03  Review and Revision 

The draft will is reviewed, revised, and finalized, essential to carefully check all details with beneficiaries and executors to avoid disputes or ambiguities.

Takes 3 to 5 days 

04 Registration Appointment 

Schedule an appointment with the selected registration authority, appointments are usually scheduled within a week or two. Availability may vary depending on the authority’s processing time.

Takes 1 to 2 weeks

05 Notarization and Registration

Attend the appointment for notarization and registration, this is a formal process requiring identification and witnesses (where applicable). Once registered, the will is legally valid in the UAE.

Takes 1 day

06 Certified Copies and Safe-Keeping

Obtain certified copies of the registered will immediately after registration, and maintain them for personal records and safekeeping. Ensure key individuals, like executors, are aware of its location and registration.

Same day as the registration

Documents Required for Will Formation in the UAE

Document Type DIFC Wills Service Centre ADGM Courts Wills Service Dubai Courts (Notary Public)
Valid Passport Original and copies Original and copies Original and copies
Residence Visa Original and copies Original and copies Original and copies
Emirates ID Original and copies Original and copies Original and copies
Asset and Beneficiary Details Details of assets and beneficiaries (including property deeds, bank statements) List of assets and intended beneficiaries List of assets and beneficiaries
Draft Will If available If available If available
Existing Wills If applicable If applicable If applicable
Proof of Marital Status e.g., marriage certificate, divorce decree, etc. If relevant If relevant
Witness IDs Two required for signing Two required for signing Two required for signing

How can RadiantBiz help you witth your Will Formation in UAE?

RadiantBiz has built a stellar reputation for safeguarding its clients' wealth, business interests, and family needs, both now and for the future. RadiantBiz brings extensive experience in crafting customized Wills and providing expert advice on legacy planning for individuals, families, and business owners with both local and international assets. We assist both Muslim and non-Muslim expatriates in understanding UAE laws and protecting their families and assets through DIFC/Abu Dhabi Wills, DIFC Foundations, and offshore structures.

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