Wills & Probates

WHY A WILL?

Register a “WILL “
and
Safeguard your ASSETS

A Will is legal document where a person specifies his
wishes for distribution of his assets after his death.
In other words, a Will or testament is a legal declaration
by which person names one or more persons as
beneficiaries to manage his property after death.

So it is necessary to register a WILL to ensure that
your assets reach in right hands after your life.

A will should be drawn up with the help of legal
professionals well-versed on the subject.
Legal Maxims consultants is expertise in
drafting & registering WILLS.

Secure all your foreign assets, future assets and
domestic assets and even appoint a guardian for
your minor children under a single WILL.

WILLS & MIRROR WILLS

Register a WILL and safeguard your Assets to reach in Right person

Registration of last Will

Register a Will and safeguard your assets in the UAE.

UAE courts follow the Sharia Law in respect of the division and distribution of Assets of a Non-Muslim expatriate in the UAE where they die without a Will in place.
The UAE law allows the Non-Muslim expats to choose the laws of their home country to apply to their inheritance through a registered Will.
The Wills are registered before the Notary Public (Courts) in all the Emirates.
Abu Dhabi
Dubai
Sharjah
Ras Al Khaimah
Ajman
Fujairah
Umm Al-Quwain
Only for individuals with assets in Dubai and/or Ras Al Khaimah
DIFC Wills & Probate Registry has been set up specifically to cater for the requirements of non-Muslims owning assets in Dubai and Ras Al Khaimah.

Benefits of registering a Will with DIFC

  1. The registration of a Will give you assurance on the distribution of movable and immovable assets  as per your wish
  2.  Legal regime is clear and unambiguous
  3.  Probate process is simplerquicker and cheaper than other court processes in the UAE

Eligibility Criteria

  1. You must be a non-Muslim and over 21 years
  2. Your assets must be situated in Dubai and/or Ras Al Khaimah
Service is available for both residents and non-residents

A Joint Will & Mutual Wills

A Joint Will is a single document which allows for a couple to combine their Last Will and Testament. Normally, one partner inherits the entire estate when the other dies. When the second partner dies, the estate will be handled as agreed to by both partners.
Mutual Wills offer couples essentially the same thing. Mutual Will are generally two identical Wills supported by a separate document that commits the surviving partner to a particular distribution of their estate, in effect, it creates a Joint Will.

Reciprocal and Mirror Wills

Reciprocal or Mirror Wills are separate Wills in the individual names of both partners, that describe essentially the same terms. Names aside, they are often identical, but don’t necessarily have to be. Most commonly, Mirror Wills have the surviving partner and children inheriting the estate. While there is no contract or binding agreement in place that prevents the surviving partner from amending their own Will later.
Mirror Wills don’t have the heavy-handed rigidity or the legal ambiguity of Joint or Mutual Wills.

Implications

Article 17 of the UAE Civil Code lays down that inheritance of the property shall be governed by the law of the testator at the time of his/her death. However, Wills and other matters relating to personal affairs are generally governed in the UAE by Federal Law 28 of 2005, known as the Law of Personal Status, which is based on Islamic Law.
If a person does not leave a will, or the will is declared invalid, then the person is deemed to be died intestate (not having made a will before he dies).
Thus, a Will can:-
  1. Secure the interest of the Legatee or beneficiary of such Will
  2. Pre-determine the applicability of law of the testator
  1. Will is revocable during the life time of the testator.

Registration & Beneficiary

  1. Registration of a Will can be made with Dubai International Financial Centre’s (DIFC) Wills and Probate Registry.
  2. Wills and Probate Registry allow non-Muslims to register their will, which allows them to own their assets as they wish upon their death.
  3. Earlier UAE courts would apply Sharia Law to non-Muslims in case of death, since courts did not recognize wills from outside the country.
  4. Registration of a will avoids the pre-set inheritance formulae which is the applicability of the Sharia Law by default.
  5. A beneficiary or Legatee can be any person including a minor and a lunatic
  6. A will can protect a minor’s interest in bequeathing property through executor/trustees till the time of attaining majority.

Advantages of a last Will:

The entire assets in UAE covers for distribution
Appoints guardians for minor children
Appoints executors of Will
Covers gift provisions, if any
Covers special instructions, if any
Covers detailed guidelines for distribution
Protects your families or beneficiaries