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Everything You Need to Know About Will Registration UAE
Subheading- Learn why founders, especially expatriates should prioritize will registration to safeguard their business and personal assets.
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In the lively and diverse city of Dubai, where people from across the globe build their lives and businesses, planning for the future is essential.
A will is a powerful legal tool that ensures your assets, whether personal, financial, or business-related, are distributed according to your wishes after your passing. Given Dubai’s unique legal landscape, which combines elements of Shariah and civil law, understanding the process of will registration is critical for both residents and expatriates.
This blog provides a detailed overview of will registration in Dubai, covering its importance, legal nuances, costs, and more.
Why is Having a Will Important in Dubai?
Dubai’s legal system is shaped by its blend of Shariah law for Muslims and the option for non-Muslims to apply their home country’s laws. This duality makes having a will particularly important to avoid complications.
For non-Muslims, a local will can prevent lengthy legal processes in Arabic courts, ensuring a smoother transfer of assets. For Muslims, understanding Shariah-based distribution helps align expectations with legal outcomes.
Additionally, with Dubai’s large expatriate population, many of whom have families, properties, or businesses, a will provides clarity and security, ensuring your loved ones are protected.
Everything You Need to Know about Will?
A will is a legal document that outlines how your assets should be distributed after your death. In Dubai, a will can cover a wide range of assets and considerations, including:
Types of Assets Covered
- Bank accounts: Personal or joint accounts
- Real estate: Properties owned in the UAE or elsewhere
- Businesses: Shares in UAE companies
- Movable assets: Vehicles, jewelry, or other personal belongings
- Guardianship: Designating guardians for minor children
- Special provisions: Arrangements for pets or charitable donations
Types of Wills
Wills can be structured as:
- Single wills: One individual specifies how their assets are distributed to heirs
- Mirror wills: Two individuals, typically spouses, leave their assets to each other
Legal Context for Muslims and Non-Muslims in the UAE
The UAE’s legal framework for wills varies based on religious affiliation:
For Muslims
Asset distribution follows Shariah law, which allocates specific shares to heirs, such as:
- Parents
- Siblings
- Spouse
- Children and grandchildren
- Grandparents
- Uncles, aunts, nephews, and nieces
This structured approach ensures a predefined distribution but may not align with personal preferences, making a will useful for specific instructions within Shariah guidelines.
For Non-Muslims
Non-Muslims can apply their home country’s inheritance laws. However, registering a local will in Dubai simplifies the process, avoiding delays in legalizing foreign documents or handling probate in Arabic courts. Expat wills, a recent innovation, have become popular for their clarity and ease of execution.
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Consequences of Not Having a Will
Failing to register a will can lead to significant challenges for your heirs, including:
Financial Complications
- Frozen Accounts: Personal, corporate, and joint bank accounts may be inaccessible until the estate is settled
- Unintended Asset Distribution: Assets may not go to your intended beneficiaries, as they follow Shariah law (for Muslims) or home country laws (for non-Muslims)
- Probate Delays: The estate may undergo a lengthy and costly probate process in Arabic courts
Family and Legal Issues
- Visa Cancellations: UAE residence visas may be canceled, affecting your family’s ability to remain in the country
- Custody Disputes: Without a specified guardian, custody of children may be contested, potentially favoring the husband’s family
Succession Planning in the UAE
Succession planning is critical in the UAE, especially for non-Muslims, due to the ambiguity in legal frameworks like the UAE Civil Code and Personal Law.
Without a will, disputes often end up in court, causing delays and stress.
Expat wills, introduced recently, offer a streamlined solution for foreigners, ensuring assets are distributed as intended. This is particularly important for expatriates with significant investments or family ties in Dubai.
Corporate Wills: Protecting Your Business
This license enables businesses to offer professional services such as consulting, IT, marketing, HR, and other non-logistics support services both within the free zone and beyond.
Key Considerations
- Mainland Companies: If local shareholders are involved, include clauses in the company’s Memorandum to appoint successors
- Free Zone Companies: These often have more flexible rules, but a will clarifies your intentions for share distribution
A properly structured system will ensure a smooth transfer of business assets, preventing disruptions to operations.
Will Registration Options and Requirements in the UAE
You can register your will at several locations in the UAE, depending on your assets’ locations:
Available Registrars
- Abu Dhabi Judicial Department: For assets in Abu Dhabi
- Dubai Courts: For assets in any UAE emirate
- DIFC Wills and Probate Registry: For assets in Dubai and Ras Al Khaimah
Each option has specific advantages, with Dubai Courts and DIFC being the most popular for expatriates.
Requirements for Will Registration
To register a will, you must:
- Be a non-Muslim
- Never have been a Muslim
- Be over 21 years old
These requirements ensure compliance with UAE laws for non-Muslims seeking to apply non-Shariah inheritance rules.
Costs and Time Frames for Will Registration
The cost of will registration varies by registrar, as shown in the table below:
Registrar | Preparation/ Translations | PRO Services | Registration (Single/Mirror) | Total (Single/Mirror) |
DIFC Wills Service Centre | 3,150 AED | 535 AED | 10,000 / 15,000 AED | 13,685 / 18,685 AED |
Dubai Court | 3,150 AED | 535 AED | 3,000 / 3,000 AED | 7,685 / 7,685 AED |
Dubai Court | 4,150 AED | 1,575 AED | 950 / 950 AED | 6,675 / 6,675 AED |
The process typically takes 2-3 days to complete, including drafting, translation, and attestation.
Final Thoughts
Registering a will in Dubai is a straightforward yet essential process that ensures your assets are distributed according to your wishes.
By understanding the legal nuances, consequences of not having a will, and the registration options available, you can make an informed decision to protect your legacy. For more details, visit Emirabiz – Will Registration.
Frequently Asked Questions
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1. Can I Register My Will Online?
No, will registration must be done in person at one of the designated registries.
2. What if I Die Without Registering My Will?
If a will is drafted but not registered before the person’s death, it cannot be registered posthumously, which can lead to potential legal complications.
3. Is Will Registration Mandatory?
While not mandatory, registering a will is highly recommended to ensure your wishes are followed and to avoid disputes or delays.
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