Do All Wills in the UAE Go Through Probate?

Losing a beloved family member can put us through the most challenging times of our lives. Besides coping with profound grief, there are several legal matters to be taken care of and probate is one of them. Probate is a process followed by the courts to distribute a deceased person’s assets amongst their legal heirs. It involves administering the property, money, or any other possessions of the deceased and passing them to their rightful inheritors. In this article, we shall answer the most common questions about the probate process in UAE.

When Does Probate Come into Effect?

Probate is necessary for asset distribution after death. However, what most people are unaware of, is that the assets of the deceased will be subject to probate even in the presence of a Will. All Wills that are made in the UAE must undergo probate. Through the process of probate, the court reviews the instructions in the Will and ensures that they are rightly executed.

Can Probate Be Avoided in the UAE?

A common question surrounding the process of probate in the UAE is whether it can be avoided. Well, the answer to this is yes. Through proper estate planning, probate can be avoided in the UAE. One way to achieve this is by creating a foundation. It is a legal entity that holds assets and is an effective way to preserve assets from any unfortunate events. A foundation facilitates easy transfer of assets to the beneficiaries without the need for probate. Life insurance policies owned in the UAE do not require a probate process. The individual(s) named as the beneficiary is/are directly entitled to the policy’s benefits without probate.

How Does Probate Work in the UAE?

The process of probate usually begins by determining if the deceased had left behind a Will. If a Will has been made, the individual appointed as the executor in the Will must file an application for grant of probate from the court. This application should be done ideally as soon as the testator (the person making the Will) has passed away. The grant of probate is a legal document that authorizes the executor to administer the assets of the deceased. Upon receiving the grant of probate, the executor must submit the same to the banks, land departments, and other relevant authorities so that the assets can be distributed amongst the beneficiaries named in the Will. In the absence of a Will, the courts appoint an administrator from among the individuals agreed upon by the legal heirs. The responsibilities of an administrator remain similar to those of an executor.

How Can a Will Help Make the Probate Process Simpler?

Upon hearing the term ‘probate’ people usually picture a lengthy and complex legal procedure. Well, probate can actually be a prolonged process without a Will. In the absence of a Will, the courts will have to determine the inheritors in accordance with the provisions of the Shariah Law as applied in the UAE. This can be costly and time-consuming, and the family of the deceased can face challenges since the assets remain frozen.
Though a Will cannot avoid the probate process, it makes it much quicker by avoiding the application of Shariah Law. Making a Will eliminates the aspect of determining the legal heirs under the Shariah Law as the assets are then passed directly to the beneficiaries nominated in the Will. The grant of probate can be issued relatively faster, making the entire process shorter and thus cost-effective.

Registering Wills at DIFC benefits you with a short and simple probate process that can be completed within a few days. Moreover, executors can apply for a grant of probate without a lawyer. Legal Inz is registered with both DIFC and ADJD and offers end-to-end drafting and registration of Wills online.