How Muslims in the UAE Can Benefit from a Registered Will?

The Abu Dhabi Judicial Department (ADJD) carries out registration of Wills for Muslims in the UAE. The registration can be done with the ADJD Civil Wills Office, and this process can be completed from anywhere in the UAE or around the world.

This is how you as a Muslim can benefit from the registration of Wills in the UAE.

Choose your beneficiaries

A beneficiary is an individual entitled to inherit your assets as per your Will. You can choose your beneficiaries and determine the share they receive. Also, there’s no requirement of obtaining consent from any individual for doing so. This means, as a Muslim you can distribute your assets the way you desire.

As per a commonly seen distribution mechanism among married couples in the UAE, the spouse is appointed as the first beneficiary and inherits all assets. Besides the first beneficiary, also known as a primary beneficiary, you may add multiple layers of alternate beneficiaries to your Will to cover for scenarios where the first beneficiary does not survive the testator. From what can be observed in the UAE, children are usually named as the alternate beneficiaries, and they stand to inherit an equal share of the assets. The next layer of beneficiaries usually includes parents, siblings, and relatives.

Appoint guardians

A guardian is the individual appointed to take care of the child’s financial well-being and will be responsible for all major decisions related to the child’s upbringing. Youan appoint guardians for your minor children (below 21 years of age).

A Will allows you to appoint the person of your choice as the child’s guardian. Usually, the spouse is chosen as the first-choice guardian in the UAE whereas a parent or sibling of the testator or spouse is chosen as the alternate guardian.

In general, the guardian can be a relative or non-relative, and hold any nationality. The only legal requirement for someone to be eligible for guardianship is that the individual must be at least 21 years of age. It must be noted that a male who is unrelated to a female minor child cannot be appointed as her sole guardian as per the UAE’s public policy. In these cases, a male can be appointed jointly with another female.

Appoint executors

An executor is the individual responsible for implementing the instructions of a Will. Eventually, the executor will be entrusted with the overall responsibility of distributing your assets. No wonder you would like a trustworthy and capable person to bear this responsibility. You have the provision to appoint an individual of your choice to perform the role of an executor. Usually, the spouse is appointed as the executor for Wills made in the UAE.

In general, you can choose anyone amongst your family members, and friends, or you could hire a professional lawyer or chartered accountant to act as the executor. An individual may not be eligible for the role of an executor if he/she has a prior record of being bankrupt or being convicted of a serious crime.

You have the option to appoint an alternate executor to act in case the primary executor refuses to perform the duties or is unable to do so for whatsoever reason. An alternate executor can be chosen from amongst your family members or friends.

Leaving behind a Will without an executor can potentially create problems for your loved ones. A prolonged probate process and a possible dispute amongst family members are some of the issues that are likely to occur.

Shorter probate process

Probate is a process that the court will follow to disburse your wealth amongst its rightful heirs. If a Will has not been left behind, it is the courts that determine the legal heirs to your assets as per the Shariah law. Thus, the probate process can be a gruelling affair in the absence of a registered Will. Moreover, the assets and bank accounts of the deceased may remain frozen adding to the problems faced by the family of the deceased.

On the other hand, you can benefit from a quick probate process with a registered Will. This way your loved ones can inherit your assets without a time-consuming and costly probate process.

At Legal Inz, we provide comprehensive assistance to register your Wills at ADJD. We will assist you at every stage of the process, from drafting to Arabic translation to registration.