The legal document that enables you to specify how your property and assets should be transferred in the event of your demise is a Will. A Will aims to facilitate the equitable distribution of your assets and property after your demise.
It allows individuals to express their freedom and decide how their assets should be shared. A Will’s main objective is to ensure the testator’s desires are implemented while ensuring their loved ones’ interests are taken care of in the manner they wished and intended.
Will Requirement in the UAE
- The testator’s name, nationality, and other relevant personal information should be identified in the Will.
- The testator’s assets, including their homes, bank accounts, investments, possessions, and other essential assets should be specified.
- The testator must assign one or more executors to handle the estate’s administration and to allocate assets to beneficiaries.
- Beneficiaries must be properly named and identified in the Will. They can be family members, friends, charitable organizations, or any other people or institutions.
- The testator if he has minor children must name guardians who will take care of the children in the Will.
- Any specific requirements, instructions, or restrictions on how assets should be distributed must be included by the testator.
Conditions Required for a Valid Will in the UAE
- The testator must be of sound mind at the time of writing the Will.
- The testator must be at least 21 years old according to the UAE law.
- The UAE law does not recognize verbal or oral wills as such the Will must be in writing for it to be valid.
- The Will must be signed by the testator in front of two adult witnesses who are not beneficiaries of the Will.
- The testator’s signature must be verified by the witnesses’ signatures.
- The Will must be registered with any of the below appropriate forums which are;
- The Dubai International Financial Centre (DIFC)
- Abu Dhabi Judicial Department (ADJD)
- Dubai Courts Wills Service
- Wills Registry
It is important to remember that the conditions for Will validity may differ slightly depending on the jurisdiction within the UAE. It is advisable to check with a will drafting and registration lawyer in Dubai for legal counseling.
Individuals can safeguard the validity and enforceability of their Wills in the UAE by ensuring these conditions are met, which will then provide clarity and certainty on how their assets Will be distributed after their demise.
Conclusion
Where an individual passes away without a valid Will, the assets will be distributed in accordance with the laws of inheritance of the UAE.
It is crucial for you to discuss with a lawyer who will help you draft a valid Will and get it registered with the appropriate forum for it to be enforceable after your demise.
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