When an expat dies without making a Will the following displeasing process may apply by default:
The amendment intends to strike a fine balance between celebrating the heritage and culture of the country and generating a modern society endowed with laws that reflect its varied obligations.
The new changes allow expats to use the law of their home country for succession planning, but in the event that a registered will exists, the terms recorded in the will be followed. In accordance with the new amendments, the provisions of Article 17 have been substituted by virtue of Article 1 of Federal Decree-Law no. 30/2020 as follows:
Wills under Sharia Law and UAE Federal Law
After a testator’s death, the UAE courts will assess the estate and potentially distribute it in accordance with the UAE Law of Personal Status which is mostly based on Sharia law, where distributions are per fixed-share ratios.
As per Sharia law, a wife who has children qualifies for one-eighth of her husband’s estate and a husband who has children qualifies for one-quarter of his wife’s estate. The rest is distributed among other family members.
A wife may not automatically be chosen as the legal guardian of any children of the marriage, however she may be appointed as their custodian. A husband is the legal guardian of the children of the marriage, and he is also likely to be appointed as a custodian.
The DIFC Wills and Probate Registry
The DIFC is the first jurisdiction in the MENA region where non-Muslims are able to register a will in accordance with the common law rules. Non-Muslims with this option will have an element of certainty and security that was previously absent. Being confident that their successors will benefit from their estate as per their wishes and their family members will not have to go through the uncertainty of proceedings.
To register the will at the Wills and Probate Registry the testator should:
Not be a Muslim
Must be above the age of 21 years
Have assets in Dubai
If a testator had some wishes regarding the guardianship of their minor children, the children must be living with the testator in Dubai. Holding a UAE residence visa is not a necessity to be eligible to register.
How to register a will with DIFC?
To register a Will to make succession planning documents, the testator will have to visit the offices of DIFC Courts Wills Service situated at Dubai International Financial Centre and sign the Will officially in the presence of an official.
Benefits of DIFC Wills for Property
No influence of Sharia law
Simple procedures for registration of a property Will
Non Muslims with the facility to register property Will in UAE
Permits the inclusion of a wide range of assets
There is no estate tax on the handover of assets
You can also register Wills in Abu Dhabi:
Place your order. Select Single or Mirror Wills and place your order by filling in our quick and simple online form.
Review your drafts.
Arabic translation is done.
Your Wills are approved by the Wills Registry for Non-Muslims.
Register your Wills.
