It is very important for expats living in Dubai to plan for their future and ensure that their property is shared according to their wishes after death. Preparation and registration of a will for foreign expatriates may seem a difficult task due to various legal frameworks in the UAE. Nonetheless, this procedure will be easy for you if you have proper guidelines and comprehension to ensure that your will is valid in both the UAE and your home country. Find more info by contacting Notary Public Dubai experts.
Understanding the Legal Framework:
For non-Muslim expatriates living in the UAE, they must follow a well-established legal system when making a will. There are three major legal instruments that control this process:
Federal Decree Law No. 41 of 2022 on Civil Personal Status.
Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai.
The DIFC Wills and Probate Registry Rules.
These laws provide the framework for non-Muslims to create and register their wills. The laws further ensure that the property of a testator is distributed according to their wishes.
Benefits of Registering Your Will in Dubai:
There are actually several benefits to having a registered will in Dubai:
Clarity and Certainty: A registered will leaves no stone unturned in the sense that all your desires relating to the distribution of assets are put down on paper and duly recognized by the law.
Reduced Disputes: A clear will minimizes any chances of disagreement or difficulty after the death of the testator.
Efficiencies in Process: The process is quite effective in Dubai and provides peace of mind when one registers their will.
Options for Drafting and Registering a Will:
You are allowed as an expat who is a non-Muslim in Dubai to have and register a will in many ways. Let's learn about each of these options in detail:
1. Registration of a Will under UAE Personal Status Law for Non-Muslims:
Under the UAE Personal Status Law for Non-Muslims, specifically Federal Decree Law No. 41 of 2022, it is clearly stated that non-Muslims have the right to create and register a will according to their free will. Further, Article 11(1) of this law makes it clear that a non-Muslim testator can leave a Will with all his/her property in the State to anyone of his/her choice in accordance with the regulations provided under the implementing regulations of the said law.
2. Registration of Will under Law No. 15 of 2017 of Dubai:
This Law shall apply to all Wills and Estates of non-Muslims in the Emirate, including in the Dubai International Financial Centre (DIFC). Further, the law state that a register to be called the “Register of Wills of non-Muslims” shall be maintained at the Courts of Dubai and the DIFC Courts. A non-Muslim resident in Dubai may register his or her Will with either the Dubai Courts or the DIFC Courts Wills Service Centre of the DIFC.
3. Registering a Will at the DIFC Wills Service Centre:
The other popular option for a non-Muslim expat to register their will is the DIFC Wills Service Centre. Concerning the DIFC Wills Service Centre, Article 9(1) The DIFC Wills and Probate Registry (WPR) Rules states the requirements for registration in relation to non-Muslims' wills. The requirements provide as follows:
The Rules shall apply only to wills of non-Muslim individuals over the Age of Majority;
The will must be in English and in the prescribed form, as per Schedule 1 of the DIFC WPR Rules.
The will must be attested to by at least two persons of legal age.
The testator is required to sign the will personally.
The will must appoint persons as executors aged above the majority.
The will must appoint a Guardian, if at all, for a Minor who is habitually a resident with the Testator, in the Emirate of Dubai or the Emirate of Ras Al Khaimah;
The wills are deposited and (at the time of death remain) registered with the Registry; and
The will must express that the testator intends the administration and succession of their property to be governed by the DIFC WPR Rules and laws.
4. Registering a Will at Your Home Country's Consulate or Embassy:
Even an expat from a non-Muslim country can also register his/her Will at the consulate or embassy of his or her own country, if such service is available there. This would ensure the enforceability of the will in the home country of the testator.
Validity of Your Will in Your Home Country:
While a will registered in Dubai under the above options will generally be recognized as valid and enforceable abroad, further steps may be needed to validate it in your home country. Here's what you can do:
Seek legal advice: Retain independent legal advice from an attorney admitted in your home country to advise about using and enforcing your Dubai-registered will.
Legal Requirements: The requirements of your home country will have to be reviewed in respect of recognition and enforcement of foreign wills.
Consider Other Legal Instruments: Depending on your circumstances, other legal instruments may be appropriate to complement a Dubai-registered will. These could include trusts, powers of attorney, or guardianship declarations, to name a few.
Keep updated Documents: Keep all relevant documentation updated, including your will and any other supporting legal instruments, in an easily accessible place for your beneficiaries or executors.
Key Considerations for Will Registration in Dubai:
Irrespective of the means of registration followed, address the following key points in your will:
Appointment of Executor(s): An executor administers your estate after your death and will carry out your wishes for the disposition of assets. You can appoint one or more executors in your will.
Beneficiary details: Specify the persons or entities who are to benefit under your will. Specify what share each beneficiary shall receive.
Estate details: Provide a detailed inventory of all assets to be distributed under the will. This includes real estate, bank accounts, investments, and other valuables.
Other Considerations for Registering at the DIFC Wills Service Centre:
Language: Ensure that the document is in English.
Witnessing Requirements: Your Will must be witnessed by at least two people of legal age.
Applicable Law: The DIFC Wills and Probate Registry Rules will administer and distribute your estate according to the provisions of your will.
How Notary Public Dubai Can Assist:
The very basic step in the protection of assets for you as a non-Muslim expatriate living in Dubai is the drafting and registering of your Will. Always remember that the process of drafting and registering a Will is not so easy and requires legal knowledge. For this, it is highly encouraged to seek professional support from specialized lawyers in order to be fully guaranteed that all legal and formal procedures are considered. Please contact our Will drafting lawyers at Notary Public Dubai for more information and help.
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