United Arab Emirates: Guide For Expats Preparing Your Wills In The United Arab Emirates

Introduction

The secret has long been out...Dubai has been voted time and time again as one of the most exciting and livable cities in the world. Such is its' prestige and modern living that Dubai and most of the United Arab Emirates (UAE) has become home to a significant number of foreigners over the years. Many expatriates and foreigners have thrived in UAE and chose to spend years working and living in the UAE. Naturally, in the usual course of wealth accumulation, expats and foreigners would have acquired assets and properties to supplement their livelihood and lifestyle in UAE, especially in a fashionable and fast paced city-state such as Dubai.

Due to this, there is a growing need for foreigners to make arrangements to ensure the transfer of their assets in the event of their death. It is important for expats living in Dubai or Abu Dhabi to consider writing a will to ensure that their assets are protected and distributed according to their wishes. This article seeks to provide guidance to preparing and registering a Will for non Muslims in the UAE as Muslims expat would have to conform to Islamic laws of inheritance which we would look at in the next article.

Understand the Legal Framework

Another critical aspect that foreigners should consider when drafting a will in the UAE is the Sharia law. The Sharia law is the Islamic law that governs most aspects of life in the UAE, including the division of assets upon death. Under Sharia law, the distribution of assets is governed by a set of rules that are based on the relationship between the deceased and their heirs. These rules may not be in line with an individual's wishes, particularly if they have a non-traditional family structure or if they wish to distribute their assets in a specific way.

If a non-Muslim does not include provisions within their will that address the Sharia law requirements, the distribution of their assets may be decided by a Sharia court, which may distribute the assets differently from what the testator intended.

Foreigners residing in the UAE are allowed to draft a will that specifies the division of their assets upon their death. This is made possible through Article 1(2) of the Personal Law which allows non-Muslims to draft a will in the UAE. However, it is essential to note that wills are subject to the UAE Personal Law, which means that the assets outlined in the will could be distributed differently from what the testator intended if the will is not drafted correctly.

Article 1 (2) of the Personal Law reads :

"Article (1) 2. The provisions of this Law shall apply to citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law. "

The UAE also introduced Federal Law No. 28 of 2005 on Personal Status, which allows non-Muslims to opt for the law of their home country to govern the distribution of their assets in the event of their death.

Recently introduced new laws and templates make the process of drafting a will easier for non-Muslim foreigners. Expats with real estate investments in the UAE can now specify in their wills how they want their assets to be distributed. The entire process of registering a will can be completed online, and there are English language options available for those who prefer it It is important for expats living in Dubai or Abu Dhabi to consider writing a will to ensure that their assets are protected and distributed according to their wishes

To ensure that the will complies with the laws of the UAE, it is crucial to work with a qualified lawyer who understands the legal system and the requirements for UAE wills. Lawyers can provide guidance on issues such as the prescribed form for wills, the witnesses required during the drafting and signing of the will, and the allocation of assets, among others.

Appointing a legal practitioner to prepare the Will

One popular choice is to reach out to a legal practitioner registered with DIFC Courts. The legal practitioner can then draft the will following the basic requirements. Once the will is drafted, it needs to be registered with the DIFC Wills Service Centre or Abu Dhabi Judicial Department (ADJD).

The UAE recognizes two types of wills: notarial and holographic. A notarial will is a formal will that is drafted by a notary public, while a holographic will is a handwritten will that is signed and dated by the testator. Notarial wills are more common and are recommended for foreigners due to the complex legal system in the UAE.

To make it easier to comprehend the usual steps to preparing the Will, here is a step-by-step guide:

Step 1: Determine Your Assets and Heirs

Step 3: Choose Your Executor

Step 4: Identify Your Guardians

If you have minor children, it is important to appoint a guardian in your will. The guardian will be responsible for the care of your children after your death. Your lawyer can provide guidance on appointing a guardian and can help you ensure that your wishes are clearly stated in your will.

Step 5: Draft Your Will

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.