Will Registration for Non-Muslim Expats in the United Arab Emirates
For non-Muslim expatriates in the UAE, drafting a will is not just a legal requirement but a crucial step in protecting their assets. As opposed to many expatriates’ home countries, the UAE’s legal system operates differently, so your assets could be distributed according to local laws, which may include Shariah principles. This might trigger lengthy judicial processes and disputes among family members. It is important to have a will in place to ensure that your wishes are followed and that your family can access your assets quickly and easily without having to deal with unnecessary legal obstacles.
Registration Options for Wills in the UAE
There are several options available for registering a will in the UAE, depending on your needs and jurisdiction:
Dubai International Financial Centre (DIFC) Wills Registry: allows eligible non-Muslims to register their wills in English language and may cover assets in the UAE and globally. It is recognized for its more streamlined and faster probate process, making it more efficient and less time-consuming for your heirs.
Abu Dhabi Judicial Department (ADJD) Wills: accepts will registrations for both Muslims (excluding UAE nationals) and non-Muslims, offering this service at a competitive and affordable fee.
Dubai Courts Wills: allows eligible non-Muslims a registration of an Arabic or a bilingual will before a Notary Public.
Who Can Register a Will in the UAE?
Registering a will in the UAE is straightforward but requires meeting specific criteria:
Be a Non-Muslim: the UAE has distinct inheritance laws for Muslims and non-Muslims.
Be at least 21 years old: legal age is a requirement for will registration.
Own movable and/or immovable property in the UAE: ensures that your local assets are covered.
Have minor children residing in the UAE: protect their future by appointing guardians.
Why You Need Will Registration in the UAE
Understanding the necessity of will registration can help you make an informed decision:
Ownership of movable property: includes vehicles, cash, jewellery, and personal items.
Ownership of immovable property: land, residential, or commercial real estate.
Bank accounts, savings, and investments: ensure your financial assets are managed according to your wishes.
Business ownership: protect your business interests and continuity.
Minor children: appoint both permanent and temporary guardians to secure their future.
Avoid family disputes: prevent costly court battles and ensure a smooth transition of your assets.
Types of Wills in the UAE
Different wills cater to various needs and asset types:
Full Will: comprehensive coverage of all your assets and guardianship provisions for minor children.
Business Owners’ Will: specifically for those with business interests in the UAE.
Property Will: for individuals holding real estate properties in the UAE.
Financial Assets Will: protect your bank accounts, savings, and investment portfolios.
Guardianship Will: focuses solely on the appointment of guardians for minor children.
Mirror Wills: allows spouses to create wills simultaneously, ensuring both partners’ wishes are documented.
It is important to note that a DIFC Courts Full Will may include UAE assets as well as global assets. If your will covers assets outside the UAE, legal advice is recommended to ensure enforceability in those jurisdictions.
Consequences of Not Having a Will in the UAE for Non-Muslims
The risks of not having a will are significant:
Default local laws: your assets may be distributed according to local laws, which might not align with your wishes.
Application of Shariah Law: this may involve mandatory division rules among certain family members.
Restricted access to assets: Your relatives may encounter delays and complications in accessing your assets, as they cannot be transferred without authorization from the local court.
Frozen bank accounts: even joint accounts may remain inaccessible until the court intervenes and all outstanding debts of the deceased are settled. Further, the assets will be distributed in accordance with Shariah Law.
Lengthy probate process: without a will, the asset distribution process can be time-consuming and costly.
Guardianship issues: in the absence of a will appointing temporary and permanent guardians for your minor children, the UAE authorities will take care of the minors until the court appoints a guardian.
Having a will in place is one of the most important things one can do to protect their assets and to provide clear instructions for the guardianship of their children. Our Senior Corporate Services Manager and Master of Laws in International Business Law, Svetlana Kursheva, is here to assist you in registering your will in the United Arab Emirates by guiding you through all the complexities of the process.
Ready to Secure Your Future?
Ensure that your family and assets are protected by taking the necessary steps. Contact us today to schedule a consultation with our legal experts. Let us assist you in making a will in Dubai to ensure your wishes are honoured. Visit My Business Consulting DMCC for more information or call us directly to discuss your needs.
Terminology
Understanding key terms can help in navigating the process:
Will: a legal document detailing asset distribution and guardianship wishes.
Testator: the person making the will.
Executor: the person responsible for executing the will’s provisions.
Beneficiary: the individual designated to receive assets.
Trustee: someone who holds assets in trust for others.
Estate: the total of a deceased’s movable and immovable property.
Guardian: appointed to care for minors and their property.
Residue/Residuary Estate: property not specifically given away in the will.