Will in the UAE`s legislation for Muslims
Will definition: will is defined as a legal document by which the testator expresses their wish as to how his property or legacy is going to be distributed post his death, the executor shall acquire through will Ownership of the recommended money.
a will may be addressed to a particular person or a dormant gestation when the will is addressed to a particular person is provided that the person accepts it after the death testator, during his life and continuing to accept it after testator`s death. If the executor is a fetus, minor or under restraint, then, the person who has jurisdiction over his money has to accept the will or to refuse the same after judge permission. Acceptance of the will is not required immediately after the death of the testator, the silence of the executor during 30 days after knowing about the will shall be deemed acceptance of the same. The duration extends for fifty days in case the will contains an obligation. It is provided by the legislator to hear the case of the will – in state of denial- the existence of official documents or papers handwritten by the deceased and signed by him to avoid fraud or suspicion of forgery after the death of the testator. And this is not intended to prove the validity of the will in the formally, and not to substantiate its facts objectively, but rather to verify that the case is free from suspicion of forgery or synthesis and that its facts are based, in principle, on supporting the issuance of the argued document by the testator.
First, recourse must be had to a specialist to prepare and formulate the will and must be provided with the following data:
- The testator shall submit supporting documents like his passport, Emirati 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 moveable.
- 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
Is the right of the testator forfeits by his death?
If the executor dies after the death of the testator without accepting or replying, the will shall be transferred to the heirs of the executor unless the will includes obligations.
In what situations the will is invalidated?
Will is invalidated in the following cases:
- If the testator revokes his will explicitly or implicitly.
- Death of the executer before the testator.
- If the executor refuses the will during the life of the testator or after his\ her death.
- whether the legatee was principal perpetrator, accomplice or reason of the testator killing, provided that a legatee being prudent and held criminal responsibility at the time of the commission of the act, whether the murder occurred before or after the will.
- Loss of the recommended or its entitlement by a third party.
- If legatee or testator apostasy from Islam and unless does not return to it.
Is the will permissible for the heir?
In the rule, there is no will for an heir. Unless the will is authorized by one of the heirs, then the will is executed over his share. the moral of forbidding the will for an heir, in one hand, is to prevent the hatred that arises between the heirs as a result of the inequalities in quotas. on the other hand, the system of inheritance is a public order which may not be altered or manipulated by the will.
Increasing the share of one heir more than the other heirs may lead them to feel hatred and envy and imbalance of shares and the number of legitimate shares between the heirs.
Is it permissible for a Muslim to inherit from a non-Muslim?
The will of non-Muslim may be valid for a Muslim provided that the will is permissible in Islamic law. The will is not valid for taboos such as liquor and on liquor clubs and debauchery.