3 Simple Steps
- Step 1
Fill in our simple form in less than 10 minutes
- Step 2
Our lawyers prepare your documents in 3 working days for your review
- Step 3
We finalise/send your documents and provide execution assistance
To complete your UAE Will, Gift Deed or Power of Attorney, our simple form requires you to answer a few questions such as:
- Names of your family
- Who will get your property
- Who will act as guardian for your children
Filling in our form is completely free. You will only be required to make payment upon completing the form if you wish to go ahead with preparing the wills.
Meet Ahmed and his family
Ahmed is married with Zahra and has two (2) children, aged 6 and 10. They all live in the UAE. Ahmad wants to protect his family by writing a Sharia complaint Will.
What are Ahmed’s options?
The UAE courts adhere to Sharia law in respect of the distribution of estate of all Muslims in the UAE. Ahmed needs to correctly understand and act on the following:
(a) Distribution of Ahmed’s Estate
The Sharia law allows Ahmed to give up to 1/3 of his property outside his legal heirs (such as charity or distant relatives). None of Ahmed’s legal heirs (including Zahra and his children) can be given more share in his property than what they are entitled to under the Sharia law. For example, Zahra is entitled to 1/8 of Ahmed’s estate after his death. This cannot be changed by Ahmed through a Will. However, Ahmed can give his entire property to Zahra through a Gift Deed (Hiba) – see the column on the right.
(b) Guardianship of Children
Ahmed should still write a Sharia compliant Will to appoint Zahra as the legal guardian of his children. If Ahmed fails to do so, his father (Salah) may be the legal guardian of his children after his death. In such a case, Zahra may only keep custody of her children subject to Salah’s legal guardianship. This may not be desirable by Ahmed and Zahra given the potential practical and legal complications. To avoid this, Ahmed must appoint Zahra as the legal guardian of his children after his death through a Will in the UAE.
Ahmed has the below-mentioned two (2) types of assets in the UAE. He wants to give everything to Zahra.
Since Ahmed cannot pass his assets to Zahra through a Will, he must ensure that he passes on his entire assets to Zahra by the following means:
(a) Unregistered Assets
All of Ahmed’s personal and household items (everything he has at home) are his unregistered assets. These assets will be distributed to all legal heirs of Ahmed as they will remain his personal property and form part of his estate upon his death. Zahra will be entitled to 1/8 of these assets only. This can make things difficult for Zahra as these items would be essential part of Zahra and her children’s day-to-day use. Zahra will be under a legal obligation to give away the shares of Salah, Ahmed’s mother and other legal heirs (if any) determined under Sharia law.
To avoid the situation, Ahmed must gift all these personal and household items to Zahra through a Gift Deed during his lifetime.
(b) Registered Assets
The registered assets of Ahmed include his apartment, bank account and vehicle. Ahmed can also gift his apartment, vehicle and the cash in bank account to Zahra. However, Ahmed has to transfer the ownership of the apartment and the vehicle to Zahra in the relevant Government Departments during his lifetime to ensure the validity of this gift. Otherwise, such a gift may not be enforceable.
Gift Deed is thus the only way for Ahmed to ensure that Zahra gets 100% of the relevant asset instead of a 1/8 share only.
Given that Ahmed has an apartment and a vehicle, he may also be well advised to give Zahra the following powers of attorney:
(a) General Power of Attorney
Given that Ahmed owns a business and has some other issues where he wants Zahra to represent himself, he should also give Zahra a general power of attorney to ensure that Zahra can manage Ahmed’s business can take other actions that Ahmed wants Zahra to take in the event Ahmed is either outside the country or is unable to take action due to some illness.
(b) Property buy/sell/manage Power of Attorney
Ahmed should sign this power of attorney to ensure that Zahra can manage the apartment or transfer the apartment to herself as a gift. This power of attorney will be crucial in the event Ahmed is either outside the country or is unable to take action due to some illness. If Ahmed has already decided to transfer the apartment to Zahra as a gift, Zahra should give this power of attorney to Ahmed to enable Ahmed to manage the apartment.
- What is a Will?
- Why do I need a Will in the UAE?
- What is an online Will form?
- Are the bank accounts frozen at death?
- What is a Single Will?
- What are Mirror Wills?
Why Choose Legal Inz?
- Our online service is developed and maintained by experienced lawyers.
- Our service includes any number of (free of cost) amendments to your Will within the first six (6) months of finalising the draft, should you change your mind or your personal circumstances change.
- You will complete the process of finalising your draft Will in the comfort of your home without visiting a lawyer.
- Your draft Will can be sent to you within three business days.
- We offer lifetime client support.
Ahmed is married to Zahra and has two (2) children, aged 6 and 10. They all live in the UAE. Ahmed has wants to pass all his property to Zahra upon his death. Ahmed is not sure as to who will be legal guardian of his children after his death.
Ahmed needs to keep in mind the following five (5) facts about distribution of his estate after his death:
- Ahmed can make a Will for 1/3 of his property only
Being a Muslim, Ahmed cannot make a Will in the UAE for more than 1/3 his property. Any such Will can only be made by Ahmed in favour of a charity or someone outside his legal heirs. Ahmed cannot make a Will in favour of Zahra.
- Ahmed’s legal heirs cannot be given more in a Will
Here is the most crucial part as Ahmed wants to pass all his assets to Zahra after his death. As mentioned above, Ahmed cannot make a Will in favour of Zahra. This is because, as a Muslim, Ahmed is not permitted to give anything more to a legal heir than what he/she is entitled to under the Sharia law.
- Ahmed can give his entire property to Zahra as gift
Ahmed must gift all his assets to Zahra through a Gift Deed during his lifetime. Otherwise, everything he will leave (including personal effects, household items and real estate) will be distributed amongst all his legal heirs according to the Sharia law.
Gift Deed is the only way for Ahmed to ensure that Zahra gets 100% of the relevant assets instead of a 1/8 share only after Ahmed’s death.
- Ahmed must appoint guardians for his children through a Will
Ahmed should still write a Sharia compliant Will to appoint Zahra as the legal guardian of his children. In the absence of this Will, Ahmed’s father (Salah) may become the legal guardian of his children. In such a case, Zahra may only keep the custody of her children subject to Salah’s legal guardianship. This may not be desirable to Ahmed and Zahra given the potential practical and legal complications. To avoid this, Ahmed must appoint Zahra as the legal guardian of his children through a Will in the UAE.
- Powers of Attorney
Given that Ahmed runs his own business, has an apartment and a vehicle, he may also be well advised to give Zahra the following powers of attorney:
(a) General Power of Attorney
(b) Property buy/sell/manage Power of Attorney
These powers of attorney will ensure that Zahra will is able to take control of situation where Ahmed is either outside the country or is unable to take action due to some illness.
We Come to You
Many of our expat clients are working couples and do not find spare time during the week days for various important personal issues. These clients have shown great interest in putting in place their Wills in the UAE.
Given the demand, we have launched exclusive service to help our clients write their Wills in the UAE. Our specialist lawyers are now happy to meet you at your preferred location on Saturdays. The lawyers are glad to answer any queries you have in relation to the UAE in the UAE and take instructions for preparing your Will on the spot.
What if I do not have a UAE Will?
The UAE courts adhere to Sharia law in respect of the distribution of assets of all Muslims.
The Sharia law permits the Muslims to give up to 1/3 of their property outside their legal heirs. The legal heirs including a spouse cannot be given more property in a Will. This can be achieved through a gift deed.
The Will should still be written by the Muslims to appoint mother as the guardian for children below 21 years of age. In the absence of such Will, the paternal grandfather of minor children may be the legal guardian – leaving the mother with no guardianship rights. The mother may only keep custody of the children subject to the guardianship of the paternal grandfather. To avoid this, you are recommended to appoint the mother as the legal guardian through a Will in the UAE.
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