Will Registration in the UAE: A Complete Guide

Will registration in Dubai, and other emirates of the UAE, is a legal process that allows individuals, particularly non-Muslim expatriates, to ensure their assets are distributed according to their wishes after death. It involves drafting a Will, translating it if necessary, and registering it with either the Dubai Courts, DIFC Wills Service Centre, or the ADJD Courts.

A valid Will must be drafted, legal professionals must be consulted, and the Will must be registered with the selected authority. For people with assets in Dubai, this guarantees that the Will conform to UAE regulations and offers clarity in inheritance problems.

Will Registration in the UAE: Step-by-Step Process

Registering a Will in the UAE involves several steps to ensure its legality and enforceability.

Step 1: Choose the Right Will Type

Individuals need to decide on the type of Will that best suits their estate and personal preferences before starting the registration process. The Dubai International Financial Centre (DIFC) Will Service Centre and Abu Dhabi Judicial Department (ADJD) provide options for individuals to register wills.

Step 2: Draft the Will with Legal Assistance

A Will must be drafted professionally to ensure clarity and compliance with UAE laws. Seeking legal assistance ensures that all assets, including property, business shares, financial accounts, and guardianship arrangements, are accurately documented. The document should be precise and should cover the following things.

• Distribution of real estate, bank accounts, and investments.
• Appointment of executors and guardians.
• Special instructions regarding inheritance.

Step 3: Notarization or Registration with DIFC WSC/ADJD

The next step is official registration once Will is drafted. The UAE offers two main registration options as given below.

1. DIFC Wills Service Centre: Provides a common law framework for non-Muslim expats.
2. Abu Dhabi Judicial Department (ADJD): Allows both Muslim and non-Muslim residents to register wills.

Why is Will Registration Important in the UAE?

You might face significant legal and financial consequences if you fail to register a Will. It is essential to register a Will in the country for several important reasons. Primarily, it prevents the automatic application of default inheritance laws. This may not reflect the testator’s intentions for the distribution of their assets.

By ensuring that bank accounts, real estate, and other assets are allocated in accordance with the deceased’s intentions, registering a Will guarantees a seamless asset distribution process. It offers family members peace of mind when it comes to securing guardianship for children. This guarantees that the guardian designated in the Will will be responsible for their care.

Having a registered Will help avoid delays in legal proceedings. The process of asset distribution can become a long and complex court process, potentially causing stress and financial strain for the bereaved family. A Will is particularly crucial as it facilitates business succession planning for business owners. It ensures the continuity of the business operations by seamless transfer of shares and control to designated heirs.

Types of Wills in the UAE

1. Guardianship Will

A guardianship Will specifies who will take legal responsibility for minor children in the event of both parents’ passing. This is especially important for expat families, as UAE laws do not automatically transfer guardianship to the mother or other relatives.

2. Property Will

A property will in the UAE is used to designate ownership transfer of real estate assets, including villas, apartments, and land. This ensures the smooth succession of property without disputes.

3. Business Owner’s Will

Designed for entrepreneurs, this will outlines the succession plan for business shares and leadership roles. Without a registered business will, company ownership might be transferred according to UAE succession laws, potentially leading to operational challenges.

4. Financial Assets Will

A financial assets will protects bank accounts, investments, stocks, and savings. It ensures that financial assets are allocated according to the testator’s instructions, preventing unexpected legal complications.

5. Full Will

A full will covers all aspects of estate planning, including real estate, business assets, bank accounts, and guardianship. It provides comprehensive protection, ensuring all assets are distributed as per the individual’s wishes.

Conclusion

Registering a Will in the UAE is crucial for ensuring financial security, legal protection, and peace of mind. It helps expats safeguard their assets, businesses, and family interests, preventing legal disputes. The UAE offers multiple Will registration options through DIFC, ADJD, and local courts, allowing individuals to choose the best framework based on their needs. Consulting a legal expert ensures that Wils are properly drafted, registered, and enforced, providing full control over inheritance matters.

FAQs on Will Registration in UAE

How to write a Will in the UAE?

To write a Will in the UAE, individuals must specify how their assets will be distributed, appoint guardians for minor children, and name an executor. Seeking legal assistance ensures the Willcomplies with UAE regulations and is legally enforceable.

What are the requirements for Will registration in the UAE?

Will registration requires a properly drafted document, copies of the testator’s passport and Emirates ID (if applicable). Additionally, the testator must be over 21 years of age.

How much does it cost to register a Will in the UAE?

The cost varies based on the registration authority. DIFC Wills Service Centre charges between AED 10,000 (Single Wills) to 15,000 (Mirror Wills), Abu Dhabi Judicial Department (ADJD) fees range from AED 950 to 1,900.