September 17, 2024 Will registration in the United Arab Emirates Share In Dubai, the legal framework for wills has evolved significantly to cater to the diverse needs of its expatriate and local populations. Also registering a Will is an important process for ensuring that your assets are distributed according to your wishes after your death. The process and types of Wills can vary depending on your residency status and the assets you hold. The city’s dynamic legal landscape includes the DIFC Wills, ADJD Wills, and Dubai Courts Wills, each serving distinct purposes and jurisdictions. Understanding these options is crucial for anyone looking to secure their estate and ensure their wishes are honoured after their passing. Registration of Wills is important due to the below factors: Legal Validity: Registration of the Will ensures that your Will is legally recognized and enforceable in the UAE. This is particularly important given the complex legal landscape, which includes aspects of Sharia law, civil law, and local regulations. Clear Asset Distribution: By registering your Will, you provide clear instructions on how your assets should be distributed. This helps to prevent disputes among heirs and ensures that your wishes are honoured. Avoiding Intestate Succession: Without a registered Will, your assets will be distributed according to the UAE’s default intestacy laws. This may not align with your personal preferences or the needs of your family. Protection of Expatriate Assets: For expatriates, registering a Will with the DIFC Wills Service Centre allows you to specify the distribution of assets located in Dubai and Ras Al Khaimah. This is crucial as expatriates may not fall under the same legal framework as UAE nationals. Streamlined Legal Process: A registered Will simplifies the probate process, making it more straightforward for your executors to manage and distribute your estate according to your wishes. It reduces the likelihood of legal challenges and delays. Clarity for Executors: Registration of Will provides a clear record of your wishes and the appointed executors, which helps in guiding them through the estate administration process. Compliance with Local Laws: Different emirates have different requirements and legal frameworks for Wills. Registering your Will with the appropriate authority ensures compliance with local laws and regulations, which can vary between Dubai, Abu Dhabi, and other emirates. The below are the different emirates in which the registration of Wills can be done: Dubai: Register with the DIFC Wills Service Centre. Abu Dhabi: Register with the Abu Dhabi Judicial Department. Ras Al Khaimah: Register with the RAK International Wills Registry. REQUIREMENTS FOR REGISTRATION OF WILLS IN THE UAE Provide identification documents, proof of residence, and any other required paperwork. For DIFC and RAK Wills, there might be additional requirements, such as proof of assets. Fees vary depending on the type of Will and the authority with which it is registered. Once registered, you will receive a certificate or acknowledgment of registration. Review and update your Will periodically or whenever there is a significant change in your circumstances, such as changes in assets or family status. Types of Wills in the UAE: Will registration in DIFC (Dubai International Financial Centre): The Dubai International Financial Centre (DIFC) introduced its own Wills and Probate Registry in 2015. This initiative was designed to provide a specialized legal framework for expatriates and non-Muslim residents. DIFC Wills are particularly beneficial for individuals whose assets are located within the DIFC jurisdiction, which operates under a common law system. The establishment of the Dubai International Financial Centre (DIFC) Wills Service Centre provides certainty to ex-pats based in the UAE and internationally that they may pass on their assets to their chosen beneficiaries. The DIFC Wills Service Centre in Dubai provides a structured process for expatriates and non-Muslims to register their Wills, ensuring that their assets are distributed according to their wishes. It is applicable to expatriates residing in Dubai or the UAE. It covers assets located in Dubai and Ras Al Khaimah. This Will is registered with the DIFC Wills Service Centre, which provides a legal framework for the administration of estates according to the terms set out in the Will. Jurisdictional Coverage: DIFC Wills apply to assets located within the DIFC area and can cover a wide range of assets, including real estate, bank accounts, and investments. Legal Framework: DIFC Wills are governed by common law principles, offering a familiar legal environment for expatriates from common law countries. Flexibility: The DIFC Wills offer flexibility in terms of asset distribution and the appointment of executors and guardians, aligning with international standards. Enforcement: The DIFC Wills and Probate Registry ensures that the wills are executed in accordance with the testator’s wishes, providing a clear and efficient probate process. Procedure: The process involves submitting your will for registration, and it must be in English or Arabic. The DIFC provides a standardized form, and you can appoint executors who will manage the estate in accordance with your wishes. Application Process To create a DIFC Will, individuals must register their will with the DIFC Wills and Probate Registry. This involves: Drafting the Will: Legal assistance is recommended to draft a will that complies with DIFC regulations. Registration: The will must be registered with the DIFC Wills and Probate Registry, which involves a filing fee. Execution: The will is executed according to the procedures established by the DIFC. TYPES OF WILLS IN DIFC Property Will: Covers immovable property (real estate) located in Dubai and Ras Al Khaimah. Specifies how your property should be distributed among your heirs. Non-Property Will: Covers non-property assets such as bank accounts, investments, shares, and personal belongings in Dubai and Ras Al Khaimah. Useful for distributing assets other than real estate. Full Will: Covers both property and non-property assets. Provides comprehensive coverage for all assets within Dubai and Ras Al Khaimah. Guardianship Will: Allows you to appoint guardians for minor children. Ensures that your children are cared for according to your wishes in the event of your death. REGISTRATION PROCESS Prepare your Will in accordance with DIFC Wills Service Centre guidelines. It is recommended to seek legal assistance to ensure it meets all legal requirements. Submit your Will to the DIFC Wills Service Centre. They provide a dedicated service for expatriates and non-Muslims. Identification documents (e.g., passport, residence visa). Proof of assets you wish to include in your Will. Additional documentation might be required depending on your specific situation. There are fees for registration, which vary based on the type of Will and the service level. Upon successful registration, you will receive a certificate confirming that your Will is registered with the DIFC Wills Service Centre. Store the original Will and certificate in a secure location. Inform your executor(s) of the Will’s location. ADVANTAGES Legal Framework: Provides a clear legal framework for the distribution of assets in Dubai and Ras Al Khaimah. Expertise: Specifically designed to meet the needs of expatriates and non-Muslims, ensuring compliance with both local and international legal standards. Clarity: Offers a structured process for drafting, registering, and executing Wills. ADJD (Abu Dhabi Judicial Department) The Abu Dhabi Judicial Department (ADJD) has its own framework for wills, primarily catering to residents of Abu Dhabi and those with assets in the emirate. ADJD Wills were introduced to provide a streamlined process for estate planning and inheritance in Abu Dhabi. It is very important to ensure the Will is legally sound and clearly outlines the distribution of your assets. One should consider using a legal expert to draft or review the Will to ensure it meets legal standards and reflects your wishes. By ensuring your Will is properly drafted and registered, you can help avoid complications for your heirs and ensure that your estate is handled according to your wishes. Specifically for expatriates living in Abu Dhabi, Dubai and Sharjah. This Will is registered with the Abu Dhabi Judicial Department. It covers assets located in the UAE. Jurisdictional Scope: ADJD Wills apply to assets within Abu Dhabi’s jurisdiction and are relevant for individuals residing in or holding assets in Abu Dhabi. Types of Wills: Wills registered with ADJD can cover assets such as real estate, investments, and personal belongings located in Abu Dhabi. Legal Framework: These wills are governed by UAE federal laws and local regulations, which may include elements of Sharia law, depending on the testator’s status and the nature of their estate. Customizability: ADJD Wills allow for detailed provisions regarding the distribution of assets and the appointment of executors Application Process The process for creating an ADJD Will includes: Drafting the Will: Engaging with a legal expert familiar with ADJD requirements is advisable. Registration: The will must be submitted to the ADJD for registration. Execution: Once registered, the will is executed according to the stipulations within it and in accordance with ADJD procedures. Muslims and Non-Muslims both can register their Wills that outlines the distribution of their assets and bank accounts according to their wishes. Will registration in Dubai Courts Dubai Courts offer a service for registering Wills that are not necessarily aligned with the DIFC framework. It has a distinct framework for wills, catering to both UAE nationals and expatriates. This system integrates with the broader UAE legal system, incorporating elements of Sharia law for Muslim individuals and other legal principles for non-Muslims. This is particularly relevant for Islamic Wills or for those who do not use the DIFC service. In Dubai, registering a Will with Dubai Courts is an alternative to the DIFC Wills Service Centre and can be appropriate for various types of Wills, including Islamic and non-Islamic Wills. For Muslims in the UAE, this type of Will is structured in accordance with Islamic Sharia law. It is generally not necessary to register this type of Will unless it involves specific assets or needs to be formally documented. Jurisdictional Coverage: Dubai Courts Wills cover assets located throughout Dubai and is typically more relevant for UAE nationals or residents whose assets are not covered under the DIFC jurisdiction. Legal Framework: The legal framework for Dubai Courts Wills combines aspects of Sharia law with civil law, depending on the testator’s background and the nature of their estate. Inheritance Rules: For Muslim individuals, inheritance will be in accordance with Sharia law, while non-Muslims may have more flexibility in their estate planning. Types of Wills: You can register a will for various assets, including real estate and personal property. Procedure: The will must be submitted to the Dubai Courts for registration. It is often necessary to draft the will in accordance with UAE legal standards, and it can be in Arabic. Advantages: This process ensures that the will complies with local legal requirements, which can be important for its enforceability in UAE courts. TYPES OF WILLS IN DUBAI COURTS Islamic Will: This type of Will is in accordance with Sharia law. It is generally used by Muslims and ensures that the distribution of assets adheres to Islamic inheritance principles. Non-Islamic Will: Non-Muslims can draft a Will according to their personal preferences and register it with the relevant authority in their emirate. These Wills must comply with local laws and are often subject to different regulations than Islamic Wills. For expatriates and non-Muslims who wish to distribute their assets according to their personal preferences. This Will does not follow Sharia law and is used for assets held in Dubai. REGISTRATION PROCESS To create a will under Dubai Courts: It’s important to work with a legal professional who understands Dubai Courts’ requirements and the applicable laws. The will needs to be registered with Dubai Courts, which may involve specific documentation and procedures. The will is executed according to the terms specified and the regulations in place at Dubai Courts. Obtain a receipt or certificate of registration, confirming that your Will has been filed with the Dubai Courts. Keep the original Will and the registration certificate in a secure place and inform your executors of its location. ADVANTAGES Provides a legal record of your Will with Dubai Courts. Necessary for those who prefer or need to use the local court system rather than the DIFC. CONSIDERATIONS Legal Advice: It is important to consult with a legal expert to ensure that your Will complies with local laws and effectively reflects your wishes. Cultural Sensitivity: For Islamic Wills, ensure compliance with Sharia law and consult with knowledgeable professionals.Top of Form Procedure: Similar to other authorities, the will should be drafted in compliance with local legal standards and can be submitted to ADJD for registration. Advantages: This option ensures that the will is valid and enforceable within Abu Dhabi’s jurisdiction. CONCLUSION Navigating the different will options in Dubai requires a clear understanding of the various legal frameworks and jurisdictional nuances. Whether opting for a DIFC Will, an ADJD Will, or a Dubai Courts Will, it’s essential to seek professional legal advice to ensure that your estate planning aligns with your wishes and complies with local regulations. Each option offers unique advantages, making it important to choose the one that best fits your needs and circumstances. In summary, registering a Will in the UAE provides legal certainty, ensures that your assets are distributed according to your wishes, and helps avoid potential legal complications for your heirs.
