Registration Of A Last Will And Testament of UAE Will

July 17, 2020by Admin0
leaving someone

Why should Expats register in a UAE Will?

If you are a non – Muslim expatriate having assets in the United Arab Emirates (UAE), you should seriously consider how your assets will be allocated among your loved ones, in case of your unforeseen demise. In the absence of a UAE Will, it is most likely that your assets located in the UAE, whether it be a bank account, real estate or shares in a company, would be allocated according to the principles of Sharia Law. A duly registered Will can also ensure appointment of your spouse or well-wishers as the guardian of a minor children.

How can an expat execute a Will in UAE?

A non-Muslim expat can approach one of the following authorities to register a Will;

  • Abu Dhabi Judicial Department;
  • Dubai Courts; or
  • DIFC Wills and Probate Registry.

DIFC Wills and Probate Registry (DIFC WPR) is a preferred option for many expats. This article elaborates on DIFC Wills.

Why DIFC Will?

DIFC WPR was in fact formulated for addressing the issues faced by non-Muslim expats and their devolution of property in the UAE. At DIFC WPR, the process of registration is very clear and simple, moreover the process of probate is very short and precise. For all the Wills registered with DIFC WPR, DIFC Court is responsible for issuing probate grants, court orders for the distribution of estate and guardianship orders. DIFC Courts have Memorandum of Understanding with Dubai Courts, the enforcement of probate order by DIFC Court is much easier and certain throughout UAE.

DIFC WPR allows a non-Muslim to register a Will under English Common Law inheritance laws. Similar to Abu Dhabi Judicial Department and Dubai Courts, Wills at DIFC WPR also covers assets in the whole of the UAE. The language of Will at DIFC WPR is English and no translation to Arabic is required for its registration. Wills at Abu Dhabi Judicial Department or Dubai Courts must be prepared in Arabic. Additionally, at DIFC WPR, a Will can be easily registered at the comfort of your home as it provides online registration options.

In case of probate process, the beneficiary / executors can directly approach DIFC WPR, which would approximately take only two weeks. In the case of Wills executed through Abu Dhabi Judicial Department or Dubai Courts, beneficiary / executors can initiate the probate only by appointing a local legal counsel. Further, since one’s own personal law for enforcement of the Will is applicable in such cases, enforceability of these Wills is decided by the relevant local Court only during the probate, which could be a lengthier process.

Types of Wills registered at the DIFC WPR

Full Will, Guardianship Will, Property Will, Financial Assets Will and Business Owners Will are the different kinds of Will that can be registered with DIFC WPR.

SCHEDULE OF FEE UNDER DIFC

will fee table

HOW TO REGISTER A WILL IN THE UAE:PROCEDURES

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats. Please feel free to reach out to us at office@atblegal.com for a non-obligatory initial consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *

thirteen + 11 =