The UAE has established a comprehensive system of laws and registries for the draft and execution of Wills. This has been done for the benefit of the large expatriate community in the UAE who own movable and immovable assets in the country. Although it is advised to execute a Will in the UAE for UAE based assets, in case a person has died leaving behind a Will registered outside the UAE, but covering assets in the UAE, this article will give you a brief overview of the procedures and limitations in executing a foreign registered will.
Procedure of Executing a foreign registered Will
How to execute a foreign will in the UAE?
If a deceased person’s foreign will is not registered in the UAE, it will need to undergo certain steps before it can be executed in the UAE.
- The foreign Will must be registered as per the prescribed law.
The Will will need to be notarized in the country where it was registered, in the UAE embassy and with the Ministry of Affairs in the UAE. All additional authentication must be followed as prescribed by law,
- Translation to Arabic
As the UAE court language is Arabic, the Will must be translated to Arabic.
- Ratification of the Will by UAE local court
The will needs to be ratified by a UAE family court, for probate and execution. The UAE court may scrutinize the Will to ensure its provisions don't contradict UAE public policy. In case of Muslim Will, it must not contradict Sharia principles, especially regarding inheritance. The court will pass an execution order to execute the foreign Will.
Risks and limitations in executing a foreign will in the UAE
Although one may successfully execute a foreign Will in the UAE to dispose UAE based assets, there are certain risks and limitation involved.
- Time consuming notarization and legal process
The notarization procedure and the following litigation may be time consuming, resulting in a delay in the execution of the will
- Frozen assets
Until the completion of the legal procedures, the assets, including real estate and bank accounts will be frozen. Consequently, essential funds may become inaccessible to dependents of the deceased.
- Application of UAE local Law
If the Wills are against public policy or does not meet the criteria prescribed under UAE laws, the assets may be distributed as per UAE local laws, i.e., under Federal Decree Law No. 41 of 2024, in case of Muslims, or Federal decree Law No. 41 of 2022 in case of non-Muslims outside Abu Dhabi, or Abu Dhabi Law No. 14 of 2021, in case of non-Muslims in Abu Dhabi. This may result in the assets being distributed contrary to the wishes of the deceased person.
Registration and Execution of a Will in the UAE:
Depending on the law under which a Will is to be executed, there are various ways to create a Will.
- Sharia compliant Will
A sharia compliant Will may be registered in the UAE local courts before a notary public. However, under sharia-based Wills, only 1/3rd of the estate of the deceased will be disposed of as per the will. The remaining assets are required to be distributed in accordance with the sharia law.
- DIFC Will
The DIFC Wills is a joint effort by the Dubai government and the Dubai International Financial Center (DIFC) Court. Non-Muslims looking to register Wills regarding assets or appointing guardians for their minor children can register their Wills with the DIFC Wills registry.
- Abu Dhabi Civil Family Court Will
Both non-Muslim and Muslim Expatriates can register a Will through the Abu Dhabi Civil Family Court. The Judicial Department website provides a standardized Will template in both English and Arabic that can be used to draft a Will. One can also draft an independent Will with the assistance of a UAE lawyer. Thereafter, the Will must be registered with the ADJD Civil Wills Section.
People generally view a Will as a legal requirement to be drafted in the distant future. However, a Will is an important document to ensure that your wishes are respected and followed effectively after your death. To avoid legal complications, it is highly recommended that a Will is registered in the UAE to cover assets in the country. This will avoid undue delay and confusion in the execution process.
