Muslim expats in the UAE often face uncertainty regarding estate planning due to the default application of Shariah inheritance laws. However, the Abu Dhabi Judicial Department (ADJD) provides a structured process for Will registration, allowing Muslim expats to have greater control over asset distribution. This article explores the legal basis, eligibility criteria, and step-by-step registration process under ADJD, debunking common misconceptions. Registering a Will ensures legal clarity, protects family interests, and simplifies probate proceedings. Seeking professional legal assistance is crucial to navigating UAE inheritance laws effectively and securing one’s financial legacy.
Introduction
The United Arab Emirates (UAE), known for its progressive legal framework, offers expats the opportunity to secure their assets and estate through a well-structured Will registration system. While non-Muslim expats have been utilizing platforms such as the DIFC Wills Service Centre and Abu Dhabi Judicial Department (ADJD) for this purpose, a key question arises—can a Muslim expat register a Will in the UAE? This article explores the significance of Will registration for Muslim expats (from any non-GCC country), the legal standing of such Will registrations under UAE law, and how ADJD facilitates this process.
This blog is a part of our How to Register a Will in the UAE Requirements and Procedures blogpost.
Understanding the Importance of a Will for Muslim Expats in the UAE
For Muslim expats residing in the UAE, the default Shariah inheritance principles govern estate distribution upon death. Under Federal Law No. 28 of 2005 (Personal Status Law), inheritance for Muslims follows predetermined shares, which may not always align with an individual’s personal wishes.
To Muslim expats who wish to exercise control over how their assets are distributed, drafting and registering a Will can be a crucial step. However, many believe that a Muslim in the UAE cannot register a Will, which is a common misconception. The ADJD has introduced mechanisms that allow Muslim expats to formalize their estate planning within the UAE’s legal framework, offering more flexibility than traditionally perceived.
Legal Basis for Muslim Expats Registering a Civil Will Under ADJD
In 2021, Abu Dhabi introduced a progressive legal reform, allowing Muslim expats to register Wills under Law No. 14 of 2021 on Personal Status for Non-Muslims. Although this law primarily addressed non-Muslims, it paved the way for discussions regarding Muslim expats (coming from non-GCC countries) who may wish to opt for civil laws rather than strict Shariah-based inheritance rules.
Furthermore, the ADJD provides a Will registration service that does not mandate adherence to Shariah law for non-Muslims and, in specific cases, allows Muslim expats to dictate their asset distribution within UAE jurisdiction.
Key Legal Considerations
- Shariah Default Application: If no Will is registered in the UAE, Muslim expat’s assets are distributed based on UAE’s Personal Status Law.
- Choice of Law Clause: In specific cases, courts recognize Wills where the testator has explicitly chosen the legal system of their home country.
- ADJD Will Registration: ADJD provides a legally recognized registration system where, under specific conditions, a Muslim expat can dictate the distribution of their UAE assets.
Eligibility Criteria for Muslim Expats Registering a Will Under ADJD
While ADJD has provisions for Will registration, it is essential to understand the eligibility criteria that apply to Muslim expats:
- Residency Status: The individual must be either a resident of the UAE and should be in the UAE on a visiting visa.
- Nationality Consideration: Some nationalities (like individuals coming from GCC countries) may have legal restrictions regarding estate planning outside of Shariah principles.
- Type of Assets Covered: The Will must pertain to UAE-based assets, including real estate, bank accounts, and other financial interests.
- Consent and Clarity: The testator must clearly express their intent and ensure the Will is in compliance with ADJD’s procedural requirements.
Process of Registering a Will Under ADJD for Muslim Expats
The ADJD Will registration process is streamlined and follows a systematic approach:
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- Step 1: Drafting the Will
Muslim expats looking to register a Will must first engage a qualified legal expert in UAE inheritance laws. The Will must outline specific asset distribution preferences and comply with the ADJD’s guidelines.
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- Step 2: Legal Translation and Review
If the Will is drafted in a language other than Arabic, it must be legally translated. The ADJD requires Wills to be presented in both English and Arabic for official registration.
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- Step 3: Notarization and Attestation
The Will must be signed in the presence of an ADJD-registered notary, who will verify the testator’s identity and ensure there is no coercion involved in drafting the document.
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- Step 4: Online Registration with ADJD
The ADJD offers an online Will registration system, where the testator can sign the Will virtually and submit it before the ADJD authority. The authority reviews the document for compliance and issues a certificate of registration.
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- Step 5: Safe Custody and Updates
Once registered, the Will remains legally enforceable. The testator can update or amend it as needed by following the same legal process.
Benefits of Registering a Will Under ADJD for Muslim Expats
Registering a Will under ADJD offers several advantages to Muslim expats seeking to ensure their assets are distributed according to their wishes:
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- Clarity in Asset Distribution
A registered Will provides a clear legal roadmap for asset division, reducing the likelihood of disputes among heirs.
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- Avoiding Automatic Application of Shariah Law
Without a registered Will, the default Shariah inheritance rules apply, which may not align with the testator’s personal wishes. A Will provides legal grounds to distribute assets differently.
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- Legal Recognition and Enforceability
A registered Will is recognized by UAE courts, ensuring its enforceability upon the testator’s passing.
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- Peace of Mind for Beneficiaries
Estate planning under ADJD ensures that dependents and family members are financially protected as per the testator’s directives.
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- Time and Cost Efficiency in Probate Proceedings
A registered Will expedites the probate process, reducing legal complications and associated costs for the heirs.
Common Misconceptions About Muslim Expats Registering Wills in the UAE
Despite the advancements in UAE’s legal system, several misconceptions exist regarding Muslim expats registering Wills in the UAE:
- Myth: Muslim expats cannot register a Will under UAE law.
- Fact: ADJD allows Muslim expats who are nationals of any non-GCC countries to register their Wills in the UAE.
- Myth: A registered Will can override UAE law entirely.
- Fact: While the Will provides control over estate distribution, it must comply with UAE legal frameworks.
- Myth: Probate is not required for a registered Will.
- Fact: Probate proceedings are still necessary, but a registered Will simplifies the process.
The Abu Dhabi Judicial Department (ADJD) has provided a structured pathway for Muslim expats to register their Wills in the UAE, ensuring better control over asset distribution. By leveraging the legal frameworks available, Muslim expats can protect their family’s future, ensure their financial wishes are honored, and avoid unnecessary legal hurdles.
Given the complexities surrounding inheritance laws in the UAE, it is highly advisable for Muslim expats to consult with experienced legal professionals like us to draft, review, and register their Wills under ADJD.
For more details or assistance with Will registration under ADJD, feel free to contact our expert legal team. We are here to help you navigate the UAE’s estate planning laws effectively and with complete peace of mind.
