UAE
expatriates can register a will for their assets in both the Emirates and their
home country. This is especially important if you have
assets in both locations.  |
| U.A.E Will |
Here's a
breakdown of the options:
- DIFC Wills
Service Centre: This is a dedicated service for
non-Muslims in Dubai and Ras Al Khaimah. It allows you to register a will
that covers both movable and immovable assets worldwide.
- Dubai Courts or
Abu Dhabi Judicial Department: These
courts can also register wills for non-Muslims.
- Home Country
Embassy/Consulate: If your home
country has an embassy or consulate in the UAE, you may be able to
register your will through them.
It's
crucial to consult with a legal professional to
ensure that your will is valid and enforceable in both jurisdictions. They can
advise you on the specific requirements and help you navigate the legal
processes involved.
Additional
considerations:
- UAE's Personal
Status Law: This law allows non-Muslims to
choose the laws of their home country for matters like marriage, divorce,
inheritance, wills, and proof of parentage.
- Conflict of Laws: If there are inconsistencies between the laws
of your home country and the UAE, the laws of the place where the assets
are located will generally apply.
What are
the relevant laws?
In the
UAE, non-Muslim residents can choose to apply the laws of their home country
for marriage, divorce, inheritance, wills, and proof of parentage under Article
1 (1) of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status. This
law states:
“The
provisions of this Decree-Law shall apply to non-Muslims who are national
citizens of the United Arab Emirates, and to non-Muslim foreigners residing in
the state, unless any of them adheres to the application of the law of their
home country, with regard to the articles of marriage, divorce, inheritance,
wills, and proof of parentage, without prejudice to the provisions of Articles
(12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985 referred to
above.”
Furthermore,
a non-Muslim may register a will as per their choice under Article 11(1) of the
UAE Personal Status Law for Non-Muslims, which states:
“A legator
may leave a will with all his or her assets in the state to anyone of his/her
choice according to the controls set out by the Implementing Regulations of
this Decree Law.”
Additionally,
the registration of wills for non-Muslim individuals may be in accordance with
the provisions of Law No. 15 of 2017 Concerning the Administration of Estates
and Implementation of Wills of non-Muslims in the Emirate of Dubai. This
includes:
- Article 3 of the
Dubai Wills Law: “This Law will apply to all wills
and estates of non-Muslims in the emirate, including in the Dubai
International Financial Centre.”
- Article 6(a) of
the Dubai Wills Law: “A register
known as the ‘Register of Wills of non-Muslims’ will be created at the
Dubai Courts and the DIFC Courts for the purpose of registering wills of
non-Muslims.”
Moreover,
Article 9(1) of the DIFC Wills and Probate Registry Rules provides the
requirements related to the registration of non-Muslim wills. A non-Muslim
resident of the UAE may register their will at DIFC in accordance with the DIFC
WPR Rules.
DIFC wills
may include the movable and immovable assets of the testator located in any
part of the world under Article 11 of the DIFC WPR Rules, which states:
“A will
may give or dispose of immovable and movable property, located in any part of
the world, to which the testator is entitled at the time of his death, whether
the testator became entitled to it before or after the registration of his
will, and shall not govern succession to any other property.”
In Dubai,
a non-Muslim individual may register their will in Dubai Courts, the Dubai
International Financial Centre (DIFC), or the respective embassy/consulate of
their home country based in the UAE if such service is provided. The contents
of a will to be registered in Dubai Courts or DIFC may include, without
limitation, the details of the executor(s) and/or beneficiaries of their
investments, properties, jewellery, movable and immovable properties, shares in
entities, bank accounts, credentials/passwords for their bank accounts, emails,
social media, and other matters based in the UAE or outside the UAE.
Based on
the aforementioned provisions of law, you may consider registering a will for
your estate both in the UAE and your home country. This can be done through a
Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your
home country’s Embassy/Consulate (if such registration is provided). However,
it is advisable to seek advice from an independent legal counsel to further
guide you.
