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Registering Wills in Dubai:
You can register your Will with Dubai International Financial Centre's
Wills and Probate Registry which was launched on on May 1, 2015.
Wills and Probate Registry allows non-Muslims to register their wills,
which allows them to transfer their assets as they wish upon their
death.
Before the new inheritance law enforcements, judges at the court of
first instance would apply Sharia to non-Muslims in case of death,
since courts didn't recognise wills from outside the country.
The new law has shortened the time frame needed to settle the
distribution of assets and wealth of a deceased expatriate to a few
months. It also decreased the amount of money paid to settle the
inheritance.
The cost of the registration of a will at the Dubai Court is
Dh2,165, not including Arabic translation fees. The DIFC will
charge Dh10,000 and 15,000 for two mirror wills for
spouses. A will specifically for guardianship costs Dh5,000,
and the cost for two mirror wills for two parents is Dh7,500.
The right of survivorship, where assets are passed on to
the surviving joint owner upon the death of the other, does not apply
in the UAE. For Muslims, the court will automatically apply Sharia and
distribute assets to predetermined beneficiaries.
For non-Muslims, options are available should they prefer to
specifically itemise to whom their assets in the UAE should go to when
they pass away.
DIFC Wills and Probate Registry (DIFC WPR) covers assets in
Dubai and Ras Al Khaimah.
Any non-Muslim expatriate over the age of 21 and has
something valuable in the UAE to pass on can choose to write a will.
What is Will and How to write a Will deed?
A 'Will' is a legal declaration of a person's intention which he
desires to be performed after his death. Through 'Will' one can
transfer his property to any person he likes, i.e. Faithful servant,
handicapped children, widowed daughter etc. It avoids confusion about
the disposal of property, among the family members after his/her
death. A will can be created by any person at any stage of life.
Major Characters of Will
1. A will must be in writing and signed by the testator (except
privileged will by soldier/airman engaged in warfare or a mariner
being at sea). The signature must be placed in such a way that it
shall appear that it was intended to give effect to the instrument as
a Will.
2. The Will should be attested by two or more witness in the presence
of the testator. The attesting witnesses need not know the contents of
the Will. They are only witnesses to the signature or mark of the
testator.
3. The attesting witness and his/her spouse must not be beneficiary
under the will otherwise the bequest (the act of gifting money or
property in a will) in their favour would be invalid. However the
validity of other bequests under the will not be affected.
4. It takes effect after the death of the testator.
5. Will is revocable during the life time of the testator.
6. There is no particular form for will by law. The language should be
as simple as possible and understandable even by a layman.
7. A Will can be made on plain paper (need not to be on a stamp paper)
8. Registration of Will is not compulsory, though it is desirable
Persons authorized to make a Will
Every person of sound mind, not being a minor can dispose of his
property by Will.
The following are fundamentals for making a valid Will:
- Testamentary capacity and sound disposing mind
- Knowledge of contents
- Free from undue influence/fraud/coercion
- Voluntary act
Property that can be disposed by Will
All properties, movable or immovable, of which the testator is owner
and which are transferable can be disposed of by a Will. Property
which is not legally transferable cannot be bequeathed. It means we
cannot write a Will on the property which is legally not transferable.
Who can be a legatee under a Will?
Any person can be a legatee (beneficiary by the will) including a
minor or a lunatic. However, a bequest to a person not in existence at
the time of testator's death is void (This happens when the legatee
die before testator). A minor can bequeath property through
executor/trustees till the time of attaining majority.
Testator - Is the one who has made a legally valid will before
death
Legatee - Beneficiary by the will
Indian Laws of Wills & Inheritance
Hindus, Buddhist, Sikh or Jains may execute will as per the section 30
of the Hindu succession Act, 1956.
The law of Will is contained in the part VI of the Indian Succession
Act, 1925 and Christians, Parsis, and the Jews are governed by this.
Wills made by the Muslims are governed by the Muhammadan Law which is
basically governed by their religious texts. The inheritance laws for
Sunnis are different from those of Shias.
NOTE: If you want to use the Will
Deed in UAE, it has to be prepared both in Arabic and English and get
attested by
Notary Public.
+ If you want to use it only in India, you can do
attestation from Indian Consulate.
Do you need more guidance? Mail your queries to
visaprocess.ae@gmail.com
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Non-Muslim expats: How to get a will for
assets in the UAE
If you do not have a will, the UAE Law of Inheritance will be applied
on your assets after your demise; and can even affect the guardianship
of your children if they are in the minor age group.
As a non-Muslim expat in the UAE, you may already have a will made in
your home country for your assets there. But your home-country laws of
inheritance may not apply to your movable and/or immovable assets in
the UAE, unless you have a registered will recognised as per UAE law.
What can happen if you don’t have a will upon death?
- Your bank accounts will be frozen immediately for existing or
contingent liabilities (regardless of it being a joint or individual
accounts).
- Dependent visas will be
cancelled.
- Re-appropriation of assets may be unfavourable and may not stay
within your immediate family.
- Custody of minor children may go to someone you don’t prefer or the
local government might have to intervene
- Life insurance claims may go into covering your liabilities or be
counted as part of property to be appropriated by the Courts
- A court case appealing the automatic appropriation can take as long
as five years and result in huge legal payouts.
- Bulk of your estates might go to extended family as per Sharia law.
What you need to do beforehand?
- Inform your immediate family i.e. spouse or parents about your
assets and liabilities from time to time.
- Have a complete list of all your assets, including movable assets,
property, life insurance, employee benefits and have an idea of your
net worth.
- Always properly complete the beneficiary details on your employee
benefits form.
- Try to have separate bank accounts, assets and visas with your
spouse so as to avoid problems if accounts are frozen.
What do you need beforehand?
+ Emirates
ID.
+ Passport (original and a copy).
+ The document “Will” to be legalised, with a sufficient number of
copies for all parties concerned and a copy for records.
+ Documentation that provide clear proof of the bequeathed property
ownership.
+ An official translation attested by the Ministry of Justice is
required where the document is drafted in a language other than Arabic
language.
Getting a will in Dubai
While you can do the entire process alone, we recommend using a
consultant as verifications of various documents and processing is
easier with such agencies. Ensure that they are specialised in this
field and always go through a trusted reference.
You can get your will registered at Dubai Courts or through the DIFC
Wills and Probate registry.
Note: More details on the differences in will registration in
Dubai Courts and DIFC Wills and Probate registry explained below.
Steps to get registered
1. Drafting the will
This is the most important step of the process and while you can ask a
legal consultant in your home country to help draft the will, it is
essential that you get the will checked by a specialist in the UAE. A
wrongly written will can tie up your assets in long and tiresome legal
battles for your loved ones. Most specialised consultants offer this
service as an add-on and costs can range anywhere from Dh2,000
to Dh6,000.
For DIFC Wills and Probate registry, they do not provide any
will-writing services and when you go there, you must be ready with
your written will. However, they have a register of companies (which
is not proof of endorsement) on their website who can do it for you.
It is ultimately your responsibility to decide who drafts your will.
2. Arabic translation
All documents to be submitted in Dubai Courts need to be translated to
Arabic by approved legal translating centers (registered with the
Courts and Ministry of Justice). Consultants can help you find ones
closest to you or even take you to these centers. This can cost up to
Dh1,500 per will.
For DIFC Wills and Probate registry, the documents need not be
translated and you can go through the entire process of documentation
in English.
3. Coverage
A will registered in Dubai Courts can cover assets and your estates
across the country. Bank accounts, property, guardianship and all
other clauses in the will are applicable in all emirates during
execution of the will.
However, registering your will with DIFC Wills and Probate registry
will give you coverage only in the emirate of Dubai.
4. Registration
Registering your will at Dubai Courts costs Dh2,165* per will while
registering your Dubai-specific will at the DIFC Wills & Probate
Registry can cost you upwards of Dh10,000.
5. Power of attorney
Sometimes an expat may take up Power of Attorney (PoA) for their
spouse in order to give them legal control over assets during their
lifetime. This is not sufficient to ensure that your family is
protected upon your death.
Taking a PoA is a great way to compliment your will, because it will
enable your next of kin or trusted person to look after your assets
during your lifetime. However, this is not a substitute for a will as
all PoA agreements turn void once death is confirmed.
A power of attorney draft can cost around Dh1,000 to Dh2,000
while registration costs Dh265.
6. Guardianship will
A separate guardianship will is not mandatory in Dubai Courts and the
clause can be inserted in your will. However, if you want to make a
separate guardianship will, it will be considered as any other will
and charged Dh2,165 as is the case normally.
7. Embassy and consulate
Once your will is notarised and registered in Dubai Courts, you need
not submit anything to your embassy or consulate. However, assets in
your home-country are subject to local laws and regulations. Get in
touch with your embassy for all such cases.
Who will execute the will?
You can nominate your spouse, immediate family, including children or
siblings who are above 21 years of age as the executor of the
will. This can be a difficult job, so select a person who is
trustworthy and capable of handling stress.
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Court Procedure of Inheritance
For non-Muslim expatriates who don't have a will, there is a
likelihood that Sharia law or forced rules on inheritors Will apply.
The court may also decide on who takes care of the surviving children
upon the untimely death of the parent/s. If the expatriate has assets
outside the UAE, he could lose a huge proportion of his inheritance to
excessive taxes.
If a non-expatriate Muslim in the UAE has assets in the country
and abroad, it is advisable to get an international Will or a similar
document from their home country.
Muslims can write a Will in which they can give out only one third
of their property to non-family members, including charity
organisations and the less fortunate.
Q: I am a Muslim woman; two months ago, my spouse died in
Dubai. I have two sons as well as my spouse's father and mother. My
question here is who is the rightful heir of my husband's legacy and
what is the court procedure and duration? Are my spouse's parents
entitled to inherit from the husband's fortune? Please advise in this
regard.
A: The questioner shall ask the Sharia Court to issue a Decree
of Distribution, as the questioner shall provide two Muslim witnesses
before the court, who are required to be aware of the deceased person
and his family members so as to explain to the Sharia Court who the
deceased's relatives are. Therefore, the court will issue a Doctrinal
Certificate within two days from the date of application in which it
will state the rightful heirs of the deceased. As for the question on
the deceased parents' right of legacy, in accordance with the Islamic Sharia, the deceased's parents inherit along with the questioner and
her two sons (GN).
Plan how your valuable assets and accounts,
both online and physical, will be administered when you’re gone.
In order to ensure all your assets, accounts and information are
administered according to your wishes, consider the following:
+ Do an inventory of all your assets, including your bank accounts,
investments, emergency funds, including digital accounts that you'd
like to be sorted out before your death.
+ Consider writing a will to spell out the disbursement of all your
valuable possessions. In the absence of a will, the Shariah Law will
determine who gets to keep what upon your death. The UAE is home to a
number of will writers and lawyers that can assist you. Ensure that the company
offering will-related services has the necessary credentials,
including a lawyer qualified in family law. Please don't try to write
your own will simply to save money.
+ Choose your executor carefully. You may appoint a corporate body
(bank/solicitor) or nominate younger people and more than one or two
as executors, to ensure they are likely to outlive you and execute
your wishes. Where the executors are corporate bodies, they are
likely to outlive us. Where executors are family members or friends,
it is conceivable that they might die before we do, so it is advisable
to nominate younger people and more than one or two as executors.
+ Have your will translated into Arabic,
attested in your home country
and ratified by the UAE embassy in your home country before submission
to the UAE court. Usually, people will not bother to take these
actions because they may find different rules apply and translation to
other languages if they move country. Often, wills are written but the
spouse will obtain translations, among others, following the death.
+ If you have an active life online and maintain important digital
accounts such as Ebay or PayPal, which you think your family should
have access to when you die, make a list of all the passwords and pass
the information to a trusted executor. Create regular back-ups of all
data, both those stored local and those online. Create a detailed
document with instructions on how to access all of your digital data
and backups. Appoint a designated digital executor to provide any
necessary technical support.
+ It doesn't necessarily mean you have to leave the passwords of all
your social networking and email accounts to an outsider or executor.
You might want to keep some of your digital accounts hidden for
eternity. More and more people have a digital cyber world to take
care of and they may wish to have such things deleted immediately
after their death. Web-based photo libraries, Facebook profiles,
Twitter accounts and personal documents may be things that the
deceased does not want to be found at all. Websites such as Facebook allows accounts to be
memorialised or deleted by an immediate family member, while Twitter
will remove an account if they receive a death certificate and provide
all archived tweets from the user to the executor of the estate. (GN)
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Will registration in Abu Dhabi
From August 2018, a special “Non-Muslims Wills Office” started
operations at the Abu Dhabi Judicial Department to register
inheritance wills for non-Muslim expatriates in the capital.
In case of sudden death of the testator, the assets will be
distributed by the court as per the will. The wills registration
office for non-Muslims builds up the confidence among residents of
legal protection of their assets in the UAE and it ensures them the
liberty of selecting the appropriate method to write and register
their will concerning the disposal of their estate after their death.
Any person can bequeath his/her estate to males and females
equally and in case of his/her death, the assets will be distributed
by the court as stated in the testator’s will.
As per the will, beneficiaries can claim assets of the testator
anywhere in the UAE, whether they register in Abu Dhabi or Dubai. It
will be valid for all the UAE.
Revoking of will: The changing or
revoking of will is concerned, the testator can revoke the will at any
time, or otherwise replace it by a new one.
Submit application and get approval
The application is submitted online at Abu Dhabi Judicial Department [ADJD]
website. The competent employee verifies if the application meets the
requirements. A notification by SMS is sent to the applicant with the
approval of the application or request of modification. The
application fee is paid online through
ADJD website.
Processing of application
The applicant can contact the Non-Muslim Wills Registration Office to
schedule an appointment for the application processing. Then the
applicant has to visit on the fixed date the Non-Muslim Wills
Registration Office to submit the original documents. After completing
these procedures, finally the will is legalised and will be delivered
by the Notary Public of the department.
REQUIRED DOCUMENTS
• Emirates
ID.
+ Passport (original and a copy).
+ The document “Will” to be legalised, with a sufficient number of
copies for all parties concerned and a copy for records.
+ Documentation that provide clear proof of the bequeathed property
ownership.
+ An official translation attested by the Ministry of Justice is
required where the document is drafted in a language other than Arabic
language.
Other details
+ Venue: Abu Dhabi Judicial Department (Main Building)
+ Timing: 8am to 2pm [Sunday to Thursday]
+ Service Fee: Dh950
+ Residents can contact for details at 02 651 3257 or 02 651 3262 or
email: wills.non-muslims@adjd.gov.ae
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