Will for non- Muslim in Dubai Emirate
Will definition: will is defined as a legal document by which the person or the testator expresses their wish as to how their property or legacy is going to be distributed post his death, the executor shall acquire through will Ownership of the recommended money.
His Highness Sheikh Mohammad bin Rashid Al Maktoum has implemented Law Number 15 of 2017 on inheritance, wills, and probate for non-Muslims living and working in the Emirate of Dubai which had provided non-Muslim expats living and working in Dubai the chance to register their wills in English. The law has also the regulated formation of the will, conditions of its validity, conditions that need to be placed for the will record and appointment of the executor. where the testator must appoint an executor of the will whose terms of reference are to manage the recommended money, to preserve the records and registers relating to the execution of the Will and to demonstrate his\ her capacity as an executor when dealing with third parties.
A will may be addressed to a particular person or a dormant gestation (fetus), as the will may be held in writing, in oral statements that indicate it, or by the understandable sign if the testator is incapable of writing. Moreover, a will may be made about the entire estate or a part thereof.
Where it was previously followed is that if the non-Muslim resident dies, a Certificate of successor will be issued and the estate is distributed to the rightful heirs in accordance with Islamic sharia. This law allowed the non-Muslim resident to identify the person who would be the guardian of his children, whereas previously the Guardians were assigned to the minors of the deceased person as per the provisions of the Islamic sharia.
Wills can be registered in the Emirate of Dubai at:
- The Courts of Dubai (civil certification Department – Notary Public): notary public wills are prepared in bilingual format English and Arabic in accordance with the UAE`s law and the will is registered with the Notary public…
- The courts of the International Financial Center by which the wills of non-Muslims are documented in Dubai:
× First, recourse to a specialist would be needed to prepare and formulate the will and must be provided with the following data:
- The testator shall submit supporting documents like his passport, Emirate ID or the driving license issued in the country.
- The testator shall submit copies of the title deed or possession whatever the estate is real or movable.
- The testator shall provide proof showing the religion to which he\she belongs.
- The testator shall have the mental ability and full legal capacity.
The necessary documents for the preparation of a will.
- The testator shall attend to sign, shall present a photocopy of the passports of the parties, emirates ID or the driving license issued in the country (in addition to present the original of the documents).
- Present a proof which indicates the possession or the property of the testator.
What are the cases in which the legislation in force applies in the Emirate of Dubai upon wills of non-Muslims?
- If the will or inheritance is related to a property situated in Dubai.
- If the estate is real or movable.
- If the provision in the applicable foreign law is contrary to the public order in Dubai.
- If testator chooses this Law to be the governing law of his will.
What conditions must be met for the registration of a will in the Register:
Firstly: testator shall be a non- Muslim.
Secondly: conditions and terms of validity of will shall be met such as a testator shall have full legal capacity, his age no less than 21 years old and the permissibly of owning or benefiting of the recommended money. Provided that the testator shall not be attached for incompetence and absence of mind, prohibited from disposing of his money or being declared bankrupt or insolvent. and provided that the recommended Money shall be owned by the testator, moreover, a will shall be executable and not including which violates public order and morals.
Thirdly: a will shall include the appointment of the executor, and a description of how to dispose of the recommended money.
Fourthly: a will shall be signed by the testator, or bears his seal or fingerprint in the presence of two witnesses.
Fifthly: a will shall not contain erasing, scrape, cramming, or addition.
Sixthly: All fees established under the legislation in force in the emirate shall be paid.
What are the types of wills that can be registered before the Dubai International Financial Center?
- 1- Guardianship will: testator may appoint a temporary or permanent guardian to his or her children under 21 years old.
2-Financial assets will: include bank accounts.
- The property will: includes real estates owned by the testator.
- Business owners’ wills: includes quotes owned by the testator whether in the companies of the free zone or within the Emirate of Dubai or Ras Al Khaimah.
- Full will: It includes the full of funds, real estate, accounts and may include the appointment of a guardian of the children of the testator.
And a will may be amended or revoked by preparing a New will and register it before the notary public or before the DIFC. And when the New will is duly registered the old will shall be deemed null.