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Why should you register a WILL in the UAE?

What is a WILL?

WILL is a legal instrument which is created during the lifetime of a person that sets forth how and to whom all your tangiable and intangiable assets should be distributed after the testator’s death.

The assets covered by your Will includes Money, Fixed and other deposits in Banks, Real Estate, buildings, Motor Vehicles, Furnitures, Life Insurance, Intellectual property Rights, and so on. Further  will can cover your funeral rights, the custody and guardianship of minors.

Why Should You Draft a WILL in UAE?

If you are a Non-Muslim expat and possess assets located in the UAE, it is highly advisable to register a Will in the UAE. Failure to register a Will in the UAE could potentially threaten your family’s inheritance rights as in the absence of a WILL your assets in UAE will be distributed according to the Sharia Law. Application of the Sharia Law may involve the distribution of your assets in such a way that your immediate family may not get the full benefits of your assets in the UAE.

Added to the above, if you do not want to have the Sharia Law applied to your assets in the UAE, you family need to obtain a judgment from your local court in your country and then execute the same here in Dubai. This is a time consuming process and this will make you family suffer even more, as they are already in pain due to your loss.

In the light of above important reasons, a Will registration in UAE is very crucial in UAE for an expat.

Things to Follow before Drafting and Registering a Will

Before the registration of your Will, you need to ensure that your Will you have included all your assets in your Will and the will is legally correct. After your death, if it is found that it is a legally incorrect will, then there are no chances of getting the will signed by you. Therefore, ensure that the WILL is accurately drafted by experienced legal professionals. 

Expats can choose any of the given authorities to register a Will in the UAE:

1. DIFC Wills Service Center

DIFC Will is for Non-Muslim Expats and covers all the assets located in the UAE and outside the UAE.

2. UAE Courts and Abu Dhabi Judicial Department (ADJD)

UAE Court has the authority to register all the Wills belonging to both Muslim and Non-Muslim expats. UAE Court Registered Will covers assets located in all Emirates. Non-Muslim with assets located in Abu Dhabi has the option to draft a Will and get it to register through ADJD.

All documents submitted in UAE Courts and ADJD needs to be translated into Arabic.

Registration Steps:

  1. Book an appointment either in person or through the official online portal.
  2. Submission of necessary documents.
  3. Pre-registration checks
  4. Registration of Wills

Documents needed for Registration:

  • Legally correct drafted Will
  • Emirates ID
  • Passport (copy or originals)
  • Documents to prove the ownership of the bequeathed property
  • Others as demanded by the respective registering authorities

Our experienced, multilingual professionals can understand your needs and will draft a Will to represent your desires and your best interest. For more details on how to proceed with Drafting and Registration of a WILL, please do not hesitate to contact us at mail@legalmaxims.com

Article contributed by Swadhaba Shirin.

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