What is a will?

A Will is a legal document which directs how  a person’s asset(s) will be managed and distributed after death, whilst also providing  for the care of  minor children (if any).  It is arguably one of the most important documents in anyone’s lifetime.

Why Register a Will in the UAE?

A will as a testamentary document is drafted to secure the testator’s assets after death and to ensure that he does not die intestate for the benefit of the beneficiaries. Where a Testator dies intestate, the beneficiaries are left to find ways to survive alone, especially in a Country like UAE where Sharia Law is the applicable law.
In the absence of  a will, the loved ones of the deceased for whom he lived during his lifetime may end up suffering ad unable to  gain anything from the assets of the deceased.
With a Will in place, all beneficiaries receive what is due to them as the deceased/testator wished during his lifetime.

Sharia Law Asset Distribution System

As per Shariah Law, the shares in an inheritance are pre-determined”, leaving little or no room for any debate on how and/or whether a party should benefit or not.

Advantages of Registering A Will

Among others, there are four major reasons why registering a Will is Advantageous and Beneficial to an expatriate Non-Muslim. Here are some of the benefits registering a Will in the UAE gives the testator:

1. Distribution of Assets

Without a Will, the UAE Court will apply the Sharia Law to the distribution of both moveable and immoveable assets. Sharia Law’s System is according to the Holy Quran. For non-muslims, opting out of the Sharia Law System means registering a Will at the Dubai Court or DIFC.  When a Willis drafted, the testator can decide to choose his national law as the governing law f the Will made concerning his or her UAE Assets.

2. Guardianship

As per the UAE Law the guardianship of children below 21 years of age is guided by the Courts, which means that, if a Will is not left by a dead parent, then, the other parent is at risk of not being appointed as the guardian of the minor children. However, a registered Will  is able to ensure that  the living parent remains the appointed guardian of minor children after their  father’s death.

3. Bank Accounts

Upon the death of a bank account owner, the accounts are automatically frozen; be it a single or joint-owned account. However, with a Will in place, the surviving spouse can have an overall control of  bank accounts upon completion of the probate process.

4. Cancellation of Visas

Peradventure the residency of a family was linked to the dead father, then, according to the UAE Law, their Visa must be cancelled upon such death and they are to leave the UAE within 30 days. This means that they must resolve the important inheritance issues in an effective and timely manner before leaving the UAE.

For this desired speedy process,  having  a Will is an important instrument to resolve distribution of assets and appointment of guardians within such short period  of time. 

Places to Register a Will

Court Registered/Notary Public Wills

Notary Public Wills are usually written in a bilingual format (English and Arabic) and registered

with the Notary Public in the Emirate  where the Testator (deceased) lived during his life time  or

where he has assets. In the UAE, the registration of a Will at the Dubai Court is applicable to assets in all emirates. However, one may choose to register a Will at the Court with more Assets such as the Abu-Dhabi Wills Registry.

DIFC Wills

Non-Muslims in the UAE have the option to register their Wills with the     DIFC  Wills Service Centre  (DIFC WSC). These Wills are prepared and registered pursuant to the DIFC WSC Rules which are based on the principles of Common law (law derived from Customs and Judicial Precedent).

The main benefits of registration with the DIFC Wills Service Centre are: 

• Moveable as well as immoveable assets (including real estate) can be distributed as per the testator’s wishes – which may not be possible through a Will registered with the Notary Public.
• The DIFC WSC Rules provide answers to all types of situations in relation to drafting and probate of Wills.
• It is much quicker to obtain a probate order pursuant to a Will registered with the DIFC Wills Service Centre. 
• All resident and non-resident non-Muslims over 21 years of age are eligible to register Wills with the DIFC Wills Service Centre.

The Wills Service was established by Resolution No. 4 of 2014 issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the President of the Dubai International Financial Centre (DIFC), and its authority re-affirmed by Dubai Law No. 15 of 2017 issued by his Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, regulating inheritance, wills and probate for non-Muslims according to International Best Practices and  “Common Law Principles”.

Types of Wills

Single Will and Mirror Will

A Single Will is a will for one (1) person who is either not married or, if married, has a spouse who either does not have any assets under his/her name or decides not to draft a Will. A Single Will may not be suitable in cases where a married couple have a joint bank account or hold ownership in property under joint names. In such situations, the couple should write  a “Mirror Will” (one for each spouse) to bequeath the assets to one another upon the death of either spouse. A mirror Will transfers 100% of the Asset to the other Spouse in the absence of which the child(ren) of the marriage will be the only beneficiaries. 

Who is an Executor?

An executor is someone who take a the Will of a deceased person/testator to the court to have it implemented/ probated.

Once the court has granted the probate, the executor will distribute the assets after payment of debts and other liabilities to all beneficiaries of the Will.

Requirements for Will Drafting:

• Name of Beneficiaries
• Identification Documents of Beneficiaries
• Share of Asset beneficiaries
• List of Assets
• Name and Identification Documents of Executors
• Name and Execution Documents of Guardian for Minor Children(if any)

 To Protect your Assets by Will Drafting and Registration, reach out to one of our consultants