Wills in Dubai
Will registration in Dubai, UAE has never been easier
- Give your family peace of mind
- Distribute your assets
- Appoint guardians for children
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Wills in Dubai are legal documents that allow individuals to specify how their assets should be distributed after death. Wills can be registered with either the Dubai Courts or the DIFC Courts. They provide control over the distribution of assets, guardianship of minor children, and legal certainty in inheritance. There are different types of Wills to facilitate different purposes of residents and investors in the UAE.
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Registration at Dubai Notary Public
How to Make Wills in Dubai?
Creating a Will in Dubai is vital to ensure your assets are distributed according to your wishes and to appoint guardians for minor children. The process involves several key steps, each crucial for the Will's validity and enforceability. Below is a structured guide to assist you.
Step 1 – Determine Eligibility
To create a legally binding Will in Dubai for registration with DIFC WSC or Dubai Courts, you must be a non-Muslim. You should be at least 21 years of age because this is the legal age to make a Will in the UAE. Ensuring these criteria are met is the first step in the Will-making process.
Step 2 – Asset Inventory and Beneficiary Designation
Compile a comprehensive list of your assets. These assets include real estate properties, both within Dubai and internationally. Bank accounts savings, current, and fixed deposits, investments in stocks, bonds, and other financial instruments can be included. Lastly, personal belongings such as jewellery, vehicles, and collectibles should not be left out.
Designate beneficiaries for each asset to ensure your possessions are distributed as per your intentions.
Step 3 – Appoint an Executor
An executor is responsible for the administration of your estate. When appointing an executor, you must choose a trusted individual who could be a family member, friend, or a professional entity. You will have to make sure they are over 21 years old, as this is the legal requirement for executors in Dubai. Confirm their willingness and discuss your decision with the chosen person to ensure they are prepared to undertake the responsibility.
Step 4 – Appoint Guardians for Minor Children
If you have children under 21, it’s imperative to nominate primary guardians who will assume custody and care of your children. Designate alternate guardians for situations where the primary guardians cannot fulfill their role. Take consent to ensure those whom you appoint, agree to take on this responsibility. Clearly outlining guardianship in your Will assures your children’s future care.
Step 5 – Draft the Will
The drafting process involves engaging legal expertise. Drafting a Will independently is possible but consulting with legal professionals familiar with UAE inheritance laws ensures accuracy and compliance. Specify how each asset should be allocated among your beneficiaries when drafting a Will. Include specific instructions, conditions, or personal wishes related to your estate or personal matters. A well-drafted document will reflect your exact intentions and minimize potential disputes.
Step 6 – Translation (if necessary)
Dubai Courts Wills may need to be in Arabic or accompanied by a legal Arabic translation. DIFC Wills Service Centre Wills can be drafted and registered in English. Ensuring the Will is in the appropriate language is crucial for its validity.
Step 7 – Register the Will
Registration formalizes your Will. Dubai Courts Public Notary is suitable for those preferring proceedings in Arabic. DIFC Wills Service Centre caters specifically to non-Muslims and operates in English. The registration of the Will involves submitting the draft Will, and providing necessary identification. Proper registration ensures your Will is legally recognized and enforceable.
Why Do You Need a Will in Dubai?
You need a Will in Dubai to ensure that your assets and personal matters are handled according to your wishes. Without a Will, default laws may apply, potentially leading to an asset distribution that does not align with your preferences. Below are key reasons why making a Will in Dubai is crucial.
1. Control Over Asset Distribution
A legally registered Will in Dubai allows you to dictate how your estate, including properties, bank accounts, and personal belongings, will be distributed among your beneficiaries. Wills ensure that your assets are inherited by the individuals or entities you choose, preventing automatic distribution under default inheritance laws.
2. Protection for Family and Dependents
Having a Will safeguards your spouse, children, and other dependents by ensuring they receive the financial support and assets you intend for them.
3. Appointment of Guardians for Minor Children
If you have children under 21, a Will enables you to appoint guardians responsible for their care and upbringing legally. Without a Will, the courts may make guardianship decisions that do not align with your preferences.
4. Prevention of Legal Disputes
A well-drafted Will minimizes potential disputes among heirs and family members by providing clear instructions on asset distribution. It also prevents conflicts arising due to differing interpretations of UAE inheritance laws.
5. Facilitating a Smooth Probate Process
Legal heirs may face lengthy and complex probate procedures without a registered Will to claim their rightful inheritance. A Will simplifies the legal process, ensuring a faster and smoother passing of assets to beneficiaries.
6. Coverage of International Assets
Many expatriates in Dubai own assets both in the UAE and abroad. A DIFC Will can specify how international assets should be distributed, ensuring they are managed according to your wishes, avoiding unnecessary legal complications.
7. Peace of Mind for the Future
Making a Will provides peace of mind, knowing your estate will be handled according to your intentions. It eliminates uncertainties and lets you plan for the future, ensuring your loved ones are financially secure.
Legal Framework for Wills in Dubai
The legal framework for Wills in Dubai is designed to allow individuals to structure their estate distribution by their wishes.
1. Dubai Courts vs DIFC Wills Service Centre
Non-Muslim residents in Dubai can register their Wills under two central legal authorities:
- Dubai Courts:
Dubai Courts provides Will registration services for expatriates. It requires Wills to be drafted in Arabic or include an official Arabic translation.
- DIFC Wills Service Centre:
DIFC Wills Service Centre caters to non-Muslim expatriates. It allows Wills to be registered in English, eliminating the need for Arabic translations. DIFC provides flexibility in distributing assets, appointing executors, and nominating guardians for minor children.
2. Registration and Execution of Wills
Wills must be appropriately registered with the Dubai Courts or DIFC Wills Service Centre to ensure legal validity. The registration process involves below given steps.
- Drafting the Will for the selected jurisdiction
- Translation (if applicable)
- Registration with the chosen legal authority
Once registered, a Will can be legally enforced, providing protection and certainty in asset distribution.
3. Probate and Execution Process
Upon an individual’s passing, the Will goes through a probate process, where the executor initiates legal procedures to distribute assets as per the Will. The relevant court such as Dubai Courts or DIFC Wills Service Centre oversees the execution. Then, assets are transferred to beneficiaries without unnecessary legal delays.
DIFC Wills vs Non-DIFC Wills
When creating a Will in Dubai, individuals have two primary options as DIFC Wills and Non-DIFC Wills (Wills registered with the Dubai Courts). The choice between these two depends on legal preferences, language requirements, and the desired level of flexibility in asset distribution.
1. DIFC Wills
The DIFC Wills Service Centre, operating under the Dubai International Financial Centre (DIFC) Courts, offers a common law-based inheritance system for non-Muslims. DIFC Wills provides greater flexibility and control over estate planning.
Key Features of DIFC Wills:
- Exclusive for Non-Muslims: Only non-Muslim expatriates can register Wills under DIFC.
- Common Law Jurisdiction: DIFC Wills follow English common law principles.
- No Arabic Translation Required: Wills can be drafted and registered in English, eliminating the need for translations and additional legal formalities.
- Global Asset Coverage: DIFC Wills allow individuals to include UAE-based and international assets, making them ideal for expatriates with holdings abroad.
- Flexible Asset Distribution: Testators (Will-makers) can designate beneficiaries, appoint executors, and assign guardianship for minor children.
- Online and Remote Registration: The DIFC Wills Service Centre offers virtual registration options, enabling individuals to complete the process remotely.
Types of DIFC Wills Available:
- Full Will: Covers all personal and financial assets.
- Guardianship Will: Focuses on appointing legal guardians for minor children.
- Property Will: Exclusively covers real estate properties.
- Business Owners Will: Designed for business-related asset distribution.
- Financial Assets Will: Specifically for financial assets like bank accounts and investments.
2. Non-DIFC Wills (Dubai Courts Wills)
Non-DIFC Wills are registered with Dubai Courts.
Key Features of Non-DIFC Wills:
- Arabic Translation Required: Wills must be translated into Arabic before submission to Dubai Courts.
- Applicable Only to UAE Assets: Dubai Courts Wills do not cover international assets, unlike DIFC Wills, limiting their scope for expatriates.
3. Choosing the Right Will in Dubai
A DIFC Will is often the preferred choice, offering greater control, flexibility, and ease of execution for Non-Muslim expats with local and international assets.
Pricing
The reduced fee packages for Wills in Dubai are valid only for a limited time.
- Single Will preparation
- Legal translation in Arabic
- Any number of reviews and amendments
- Covers distribution of UAE assets
- Covers appointment of guardians
*Government fee for registration of Notary Public Single Will: AED 2,167
Gold includes everything in Silver, plus:
- Second Will for the spouse (Mirror Wills)
*Government fee for registration of Notary Public Mirror Wills: AED 4,334
Platinum includes everything in Gold, plus:
- End-to-end Registration assistance at Notary Public
- Drafting of Home Country Mirror Wills
*Government fee for registration of Notary Public Mirror Wills: AED 4,334
We accept credit and debit card payments
Optional Documents
If you require any additional documents such as Powers of Attorney and Home Country Wills, you can select the options in our Order Form.
About Wills in Dubai
What are Wills in Dubai?
Wills in Dubai are prepared and registered for non-Muslims either residing in the UAE or otherwise having any assets in the UAE. The Wills are prepared in English and Arabic languages are registered with Notary Public which is part of Dubai Courts. The system of Will registration at Notary Public runs in parallel to the system of Will registration at the DIFC Courts Wills Service Centre. Any Wills registered with Notary Public are probated at Dubai Courts. Other hand, any Wills that are registered with the DIFC Courts Wills Service Centre are probated at the DIFC Courts. The probate order issued by DIFC Courts is then validated by Dubai Courts to enforce such order in the Emirate of Dubai.
What are the benefits of registering Wills in Dubai?
Here are some of the benefits of registering Wills in the Emirate of Dubai:
- Nominate your beneficiaries as per your own wishes and avoid the application of Shariah Law to your assets.
- Nominate guardians for minor children below the age of 21 years.
- Nominate executor(s) who will execute the Will after death.
- Leave any other specific instructions about personal affairs.
- The probate for Wills in Dubai is carried out at Dubai Courts.
What is the legislative framework for Wills in Dubai?
Wills in the Emirate of Dubai are written and registered pursuant Dubai Law Number 15 of 2017 Concerning Inheritance, Wills, And Probate For Non-Muslims.
Key Features
Here are some of the key features of Wills in Dubai
| Eligibility criteria | Non-Muslim over the age of 21 years. |
| Registration | Registration can either be done by visiting the offices of Notary Public in Dubai. |
| Laws | Dubai Law Number 15 of 2017 Concerning Inheritance, Wills, And Probate For Non-Muslims. |
| Residency requirements | None. Any non-Muslim having either assets or family in the UAE can register a Will in Dubai. |
| Amendments | Amendments to the Wills can be made at any point after registration. The amended Wills are re-registered to effect the amendments. |
Frequently Asked Questions
Here are some answers to some of the most common questions related to Wills in Dubai.
Government Departments
We can help you with the processes in the following government departments.
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