Requirements and Options for Wills and Guardianship in the UAE

Creating a Will is a vital step in ensuring that your assets are distributed according to your wishes after your passing. If you have children under the age of 21 in the UAE, a Will allows you to appoint a trusted guardian for their care.

Without a Will, the courts in the UAE will determine how your assets are distributed and who will assume guardianship of your children. This process can be distressing, as your children may be placed in foster care until a final decision is made.

In the UAE, the requirements and options for Wills vary based on your nationality and religious affiliation.

The Importance of Having a Will

Having a Will is essential for several reasons:

Asset Distribution: A Will ensures that your assets are allocated according to your wishes, minimising potential disputes among heirs.

Legal Clarity: It provides clear instructions to your family and legal representatives, reducing ambiguity during a challenging time.

Guardianship: If you have minor children, a Will allows you to designate a guardian, ensuring their care aligns with your preferences.

Executor Designation: A Will enables you to appoint an executor, a trusted individual responsible for managing your estate after your passing. The executor's duties include settling debts, distributing assets according to your wishes, and ensuring that all legal and tax obligations are met.

Trust Creation: A Will can also establish a trust for your children’s inheritance, ensuring that their assets are managed and protected until they reach the age of 21. This arrangement allows for responsible management of their inheritance, safeguarding their financial future.

Options for non-Muslims

Non-Muslims in the UAE have the option to register their Wills with either the Dubai International Financial Centre (DIFC) Court or the Abu Dhabi Judicial Department (ADJD) Court.

1. DIFC Court: This option is particularly appealing as it follows a legal framework similar to that of the UK. To ensure the validity of your Will at the DIFC, it must be signed in the presence of two witnesses. This requirement adds an extra layer of assurance that the Will reflects your true intentions.

2. ADJD Court:Non-Muslims can also register their Wills here. Unlike the DIFC, there is no requirement for witnesses, making the process potentially simpler. However, the Will must be translated and attested in English and Arabic. The ADJD Court has streamlined procedures for non-Muslims, ensuring quick and efficient processing of Wills.

Options for Muslims

For Muslims who are not Emirati citizens, the registration of Wills is primarily limited to the ADJD Court, as the DIFC Court does not accept Wills from Muslims.

The ADJD Court offers non-Emirati Muslims the opportunity to register a civil Will, enabling them to specify how their assets will be distributed and who will assume custody of their children. This represents a significant development for Muslims from secular countries who may not be familiar with Sharia law.

In the absence of a registered Will at the ADJD Court, Sharia law will automatically apply to Muslims. This means that assets will be distributed according to Islamic law, discounting personal wishes. Additionally, custody of children will be granted to the eldest male heir in the family.

General Requirements for Wills

Regardless of your status as a Muslim or non-Muslim, certain general requirements must be met to create a valid Will in the UAE:

• Age:You must be at least 21 years old.
• Mental Capacity:You must be of sound mental health and capable of understanding the implications of your decisions.
• Language:for ADJD Court, the Will should be drafted in Arabic or English, and for DIFC, it must be in English.
• Witnesses:For DIFC, as mentioned above, you will require two witnesses to be present when signing your Will.

Geographic Flexibility

One of the significant advantages of registering a Will in the UAE is that you do not need to be a resident of a specific emirate or own property there to have a Will registered. Wills registered in either DIFC or ADJD are applicable across the entire UAE, providing comprehensive coverage for your assets.

Residency Requirements

Another noteworthy point is that you do not need to be a resident of the UAE to register a Will. This flexibility allows expatriates and non-residents to ensure their assets in the UAE are managed according to their wishes.

Conclusion

In conclusion, understanding the requirements and options for Wills in the UAE is crucial for ensuring your estate is managed according to your wishes. Whether you are Muslim or non-Muslim, the UAE offers various pathways to create a legally binding Will.

It is highly recommended to consult with legal professionals specialising in estate planning to effectively navigate this process and ensure compliance with all legal requirements. By taking these proactive steps, you can find peace of mind knowing that your wishes will be honoured and your loved ones will be cared for after your passing.

Additionally, if you already have a Will, it is recommended to regularly review and update your Will if necessary as life circumstances can change. Ensuring that your Will accurately reflects your current wishes will provide further assurance for you and your family.