Wills in Dubai are crucial for ensuring the protection and proper distribution of your assets, particularly given the UAE’s unique legal landscape. Governed by a blend of the Civil Code, UAE Personal Status Law, and Sharia Law, inheritance regulations differ for Muslims and non-Muslims, creating potential complexities for expatriates.
A well-drafted Will can offer greater control over asset distribution, legal protection for dependents, and reduce probate challenges. For non-Muslims, registering a Will with local authorities like the DIFC Wills Service Centre can help avoid default Sharia Law application, ensuring your estate is managed according to your wishes.
When you have insight into the intricacies of these laws and seek professional legal advice, you can safeguard your family’s future and ensure a seamless succession process.
Overview of Inheritance Laws in Dubai
General Legal Framework
Inheritance laws in Dubai are mainly governed by the Civil Code of the UAE and the UAE Personal Status Law. The Civil Code states that the law of the deceased’s nationality should govern inheritance at the time of their death.
The Code also mentions that UAE law applies to Wills made by foreigners for their property located in the state. At the same time, the UAE Personal Status Law allows non-UAE nationals to apply their personal status law unless they choose to apply UAE law.
In the UAE, inheritance rules aren’t strictly bound by precedents or decisions made by other courts. There’s an element of judicial discretion, making it advisable for you to have a Will to document your intentions clearly.
Differences in Laws for Muslims and Non-Muslims
The UAE inheritance laws differ for Muslims and non-Muslims. For Muslims, the primary source of inheritance legislation is Sharia Law, which has been incorporated into various legislative UAE Codes. Sharia Law applies to the deceased’s assets in the UAE if there’s no Will.
For non-Muslims, the general rule is that the UAE Inheritance Law applies unless they choose for the laws of their nationality to apply. Non-Muslim foreigners with assets in the UAE can make a Will under the law of their home country. This governs the succession of their UAE estate instead of Sharia-based rules.
However, if a non-Muslim foreigner dies without making a Will, the assets in the UAE will be subject to a devolution based on Sharia Law.
Impact of Sharia Law on Inheritance
Sharia Law significantly impacts inheritance in Dubai. It defines inheritance as the imperative devolution of property and financial rights upon the death of their owner to those deserving. If there’s no registered Will in the UAE, the deceased’s assets will be divided in accordance with the Sharia Guidelines.
Under Sharia rules, the bulk of the husband’s assets may pass to certain family members, with the wife only taking a portion of the estate. This can lead to serious complications, especially when infant children are left behind, and no guardianship arrangement recognised in the UAE has been put in place.
However, a new decree-law now in force throughout the Emirates gives non-Muslims the option to prepare a Will that allows them to leave their estate to whomever they wish without being restricted by forced heirship rules. This law doesn’t apply to Muslims, whose estates will continue to be settled in accordance with Sharia Law.
Despite the new law, preparing a Will remains a useful precaution. It can simplify any succession process and allow for greater flexibility in the choice of beneficiaries. Proper legal advice is required to ensure the validity and compliance of any Will under UAE law, particularly in the early stages of drafting.
Importance of Having a Will in Dubai
Control Over Asset Distribution
A Will is essential for specifying how your estate, including finances, property, and other assets, should be managed after your death. This is particularly vital if you have dependents like young children, individuals with disabilities (people of determination), or elderly parents.
Legal Protection for Dependents and Spouses
Without a Will, the courts may decide the guardianship of minor children, potentially excluding your spouse. A registration will ensure your spouse is appointed as the guardian. Additionally, it can help your spouse maintain control over bank accounts post-probate, which is necessary as family residence visas are cancelled upon death, necessitating the resolution of inheritance matters before departure from the UAE.
Reducing Probate Challenges
A well-drafted Will can minimise disputes and legal challenges among heirs and beneficiaries. Collaborating with a legal expert to create a detailed will that specifies your asset distribution and appoints an executor is advisable. Regular updates to your Will as circumstances change are also important.
Avoiding Default Sharia Law Application
Non-Muslims can opt out of Sharia Law for asset distribution by registering their Will with the relevant authorities. Utilising the DIFC Wills Service Centre ensures that your estate is managed according to your wishes rather than local UAE law.
Drafting a Will as an Expat
Eligibility to Write a Will in Dubai
If you’re an expat living in the UAE, estate planning is a vital step to protect your assets and ensure the welfare of your loved ones. The UAE law allows non-Muslims to draft and register Wills based on your home country’s inheritance laws.
This provision lets you distribute your assets fairly according to your wishes. But without a Will, the default Sharia proceedings might lead to an allocation of your estate that you didn’t intend. So, it’s important for you to get to know the UAE inheritance laws quite differently from those in Western countries and draft a Will that aligns with these laws.
Required Legal Documentation
Your Will needs to be well-written. Draft it in both English and Arabic to avoid any confusion during the probate process— the DIFC Wills Service Centre offers Wills Draftsmen who can assist you with this. You’ll need to sign the document on each page, and it must be notarised.
Your Will should clearly outline how you want your assets distributed. It should follow the inheritance laws of your home country or your chosen legal jurisdiction. Your Will should also contain specific information regarding its content in line with UAE legislation.
This includes how you want your assets, such as homes, bank accounts, investments, and possessions, distributed. Your Will should also specify any particular guidelines or requirements for asset distribution and name beneficiaries, executors, and guardians.
Choosing Witnesses for Your Will
You’ll need to sign your Will in the presence of two adult witnesses. These witnesses need to be of sound mind and shouldn’t be beneficiaries of your Will. This is a key requirement to make sure your Will is valid under the law in the United Arab Emirates.
Registering the Will with Local Authorities
To make your Will legally valid in the UAE, you’ll need to register it with the appropriate authorities. You can register your Will with the Notary Public at your local Emirate or the DIFC Wills Service Centre, which offers an English common law framework for non-Muslim expats.
Other options include the DIFC Wills and Probate Registry. Both provide specific platforms for Will registration for non-Muslim expats living in the UAE. Regardless of the venue you choose for the registration of your Will, you are strongly advised to seek competent legal counsel.
It’s also important to regularly review and update your Will to reflect changes such as marriage, divorce, the birth of children, or significant changes in your assets or financial circumstances.
Legal Procedures After Death in Dubai
Process of Executing a Will
Executing a Will in Dubai is essential for expats to safeguard their assets and ensure their wishes are honoured. Religious beliefs influence the laws of succession. For Muslims, Sharia Law applies, while non-Muslims can have their Wills recognised by local courts.
The DIFC established a Wills and Probate Registry in 2015, allowing non-Muslims to register Wills in English and thus avoid Sharia Law for their assets. Registration is open to all non-Muslims with assets in the UAE, regardless of residency.
Court Involvement and Legal Succession
If a non-Muslim dies without a Will, their assets are divided according to Federal Decree-Law No. 41 of 2022, with half going to the spouse and the remainder equally among the children. If a Will is not properly executed, local courts may apply Sharia Law, creating uncertainty.
Courts will issue a succession certificate to identify legal heirs, which can be lengthy.
Potential Complications in the Absence of a Will
Lack of a Will can cause significant issues, such as delays in accessing assets, which may remain frozen until a court order is obtained. A surviving spouse might receive only a portion of the estate under Sharia Law, potentially leading to financial difficulties.
Additionally, without a Will, disputes over guardianship of minor children can arise, with different rules for Muslims and non-Muslims.
Dealing with Debts and Liabilities
Naming executors in a Will is imperative as they manage the estate and ensure asset distribution according to the deceased’s wishes, including handling debts and liabilities. While a Will can cover global assets, seeking legal advice for assets outside the UAE is recommended.
Given the complexity of UAE inheritance laws, professional legal assistance is advisable to ensure compliance and protect family interests.
Challenges and Considerations for Expats
Complexity and Cost of Legal Processes
For expatriates in the UAE, having a legally recognised Will is essential to safeguarding assets and ensuring your estate is managed according to your wishes. Without one, the inheritance process can become complicated and prolonged, causing distress to your family.
Impact of International Assets
Your estate may be subject to multiple legal jurisdictions. While the UAE Civil Transactions Law states that your home country’s law applies to property matters, real estate in the UAE is governed by local laws. Without a Will, default Sharia proceedings may lead to an unintended distribution of your estate.
Cultural and Legal Adjustments
The UAE’s cultural and legal landscape can present challenges, particularly regarding inheritance laws. For example, it is vital to appoint a legal guardian for minor children in your will. Without this, custody may default to the nearest paternal relative, potentially against your wishes.
Finding Legal Advice and Assistance
Navigating these complexities requires professional legal advice. You can choose between local courts or the DIFC of your choice. The DIFC Wills Service Centre offers an alternative jurisdiction based on English common law principles.
Engaging a law firm during the probate process can help manage interactions with local authorities and ensure your assets are distributed as per your Will.
Securing Your Legacy in Dubai
Drafting a Will in Dubai is required for securing your legacy and your loved one’s future. As an expat, understanding the intricacies of UAE legal processes can be daunting, but it’s paramount to ensure your assets are safeguarded and disbursed according to your wishes.
While the task may seem complex, experienced legal counsel can guide you through it, mitigating potential complications. Given the consequences of defaulting to Sharia Law or facing prolonged legal battles, the importance of having a registered, updated Will is not to be underestimated.
Sound estate planning, coupled with expert legal guidance, can help you navigate UAE inheritance laws and create a secure, worry-free future for your family.
