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Why you need a will in the UAE?
In the United Arab Emirates (UAE), inheritance matters are generally governed by Islamic Sharia law for Muslims. However, non-Muslims have the option to create a will according to their personal preferences and in accordance with the laws of their home country. This allows non-Muslim expatriates to specify how they want their assets to be distributed upon their death, rather than having Sharia law automatically apply to their estate.
Here are some key points regarding non-Muslim wills in the UAE:
- Legal System for Non-Muslim Wills:
Non-Muslim expatriates in the UAE can choose to have their wills governed by the legal system of their home country. They can create a will in line with the laws and regulations applicable in their country of nationality.
- Registration of Non-Muslim Wills:
While it is not mandatory for non-Muslims to register their wills in the UAE, it is advisable to do so to ensure that the will is recognized and followed smoothly.
According to Article 17(5) of the UAE Civil Code, Wills created by foreigners for the purpose of disposing real property within the UAE are subject to the laws of the United Arab Emirates. In the event of the owner’s demise, the distribution of property may be governed by the UAE/Sharjah Law.
UAE Law applies to real estate owned by expatriates in the UAE. There is no ambiguity on your asset when you are alive. But in the case of death of property owner, the distribution of the assets are fixed under UAE Law. Recent amendment allows you to choose your home country law over shariah law for the distribution of assets. The real estate can be distributed on your choice, only you have a registered Will in the UAE specifying the beneficiaries.
Through a registered UAE nominate both permanent or temporary guardian to protect the Guardianship of your minor Children which allow you to provide security to your minor children. The wife is not an automatic legal guardian for the children in case of husband’s death.
If you are a business owner in UAE, you should not waste your time to think about your business succession planning. When you designate the beneficiaries for your assets or estates or shares by Will, you also can appoint your executors who are responsible for the operation and administration of your business upon your death.
UAE Law permits you to appoint alternate beneficiaries to distribute your assets in case your immediate family predeceases you and can ensure that your assets are distributed to the beneficiaries mentioned in your registered UAE Will.
The registered UAE will help you to distribute your assets, bank accounts, etc. with ease post-death. To safeguard your assets, family and to avoid any complications it is still highly recommended to have a registered Will in the UAE.
Best Legal offers expert Wills and Probate Services in the UAE. Our group specialises in writing elaborate wills. We make sure your valuables are safeguarded per your desires. We ease the sometimes complex process of navigating probate. Put your trust in our experts to manage any legal matters.
We offer specialised Wills and Probate Services in UAE made to fit your requirements. We promise to provide understanding and tranquillity of mind. Our goal at Best Legal is to protect your legal rights. Select us for dependable and private services.
We assist you at each stage of the probate procedure. Our mission is to provide outstanding service with morality. Best Legal is your dependable estate management partner. With our knowledgeable help, you can make sure your legacy is safe. For all of your UAE will and probate needs, get in touch with Best Legal.
Frequently Asked Questions for Wills & Probate
Can non-Muslims create a will under their home country’s law in the UAE?
Yes, non-Muslims in the UAE can choose their home country’s law to govern their will. This allows them to distribute assets as per their personal preferences rather than under Sharia inheritance rules.
Where can I register my will in the UAE?
Non-Muslim wills can be registered with the Dubai Courts, Abu Dhabi Judicial Department (ADJD), or the DIFC Wills Service Centre, depending on where you live and where your assets are located.
What is probate, and how does it work in the UAE?
Probate refers to the formal legal process through which a will is verified by the court, and the appointed executor is given legal authority to handle and distribute the deceased person’s assets. In the UAE, probate proceedings are carried out through the respective emirate’s court system, where the will is reviewed for authenticity and compliance with local laws. Once approved, the executor can proceed with asset distribution and settlement of any outstanding obligations in accordance with the terms of the will.
Can I appoint a guardian for my minor children in a UAE will?
Yes, through a registered UAE will, you can nominate permanent or temporary guardians to protect your minor children. This is crucial, as guardianship does not automatically transfer to the surviving parent.
How can business owners benefit from drafting a will in the UAE?
Business owners can ensure smooth succession planning by specifying who inherits business shares and appointing executors to manage operations, preventing legal disputes or business disruption.