Making a will is very important for non-Muslim residents of Dubai to make sure that their assets are distributed as they desire after their death. The UAE offers specific legal frameworks to guide non-Muslims through the process of drafting and registering a will. Having knowledge of legal options and following the correct procedures assists your property to be handled easily and according to your requirements.
Legal Framework for Non-Muslim Wills in Dubai
The legal basis for making and registering wills for non-Muslims in Dubai is provided by the following laws:
- Federal Decree Law No. 41 of 2022 on Civil Personal Status.
- Dubai Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims.
- DIFC Wills and Probate Registry Rules (DIFC WPR Rules).
Rights of Non-Muslims to Register a Will
Article 1(1) of the UAE Personal Status Law for Non-Muslims, allows non-Muslims living in the UAE to seek the provisions of this law for their personal issues, including wills and inheritance. This law is applicable in so far as the person does not opt for the laws of his/her home country.
Article 11(1) of the UAE Personal Status Law further states that:
“The testator shall have the right to leave a will with the entire property he/she owns in the State in favor of anybody he/she wants in accordance with the provisions specified by the Executive Regulations of this Decree-Law.”
This means, non-Muslims are permitted to dispose of their assets situated in the UAE in the manner they wish through a will that has been properly drafted and executed.
Requirements for Registering Wills in Dubai
According to Article 8 of the Law No. (15) of 2017, Registering a Will on the Register in Dubai will be subject to the following conditions:
- The testator must be non-Muslim.
- The Will must satisfy the Will validity conditions stipulated in the law.
- The Will must nominate an Executor and must state how the willed property will be disposed of.
- The testator must have signed the Will or affixed his seal or fingerprint to it, in the presence of two (2) witnesses.
- The text of the Will must not have been altered by deleting or erasing any part thereof, or by adding or inserting new text.
- All the fees prescribed by the legislation in force in the Emirate must have been paid.
Where to Register a Will in Dubai
Three main options are available for non-Muslims in Dubai to have their wills witnessed and registered:
- The Dubai Courts (Notary Public)
- DIFC Wills Service Centre
- Their home country’s consulate or embassy (if it exists)
- Registering a Will at Dubai Courts (Notary Public)
As per Article 3 of Dubai Law No. 15 of 2017:
“This Law shall apply to all wills and estates of non-Muslims in the Emirate, including in the Dubai International Financial Centre.”
Further, it is stated that a register known as the “Register of Wills of non-Muslims” will be created at the Dubai Courts and at the DIFC Courts for the purpose of registering Wills of non-Muslims.
It means Wills of non-Muslims in Dubai can be registered with Dubai Court through notary public. This process makes the will legally binding and recognized by the Dubai legal system.
- Registering a Will at the DIFC Wills Service Centre
The DIFC Wills and Probate Registry permits non-Muslims to execute wills under a different legal system. According to Article 9(1) of the DIFC WPR Rules, the following conditions must be met:
- The testator (the person making the will) must be a non-Muslim and must be of major age.
- The will must be in English and signed in front of two witnesses.
- Executors and guardians (if any) must be nominated.
- The will has to be deposited and kept in the record of the DIFC Registry.
The major advantage of executing a will before the DIFC is that both UAE and international properties can be included in the will. According to Article 11 of the DIFC WPR Rules:
“A will may give or dispose of immovable and movable property, situated anywhere in the world, which the testator is entitled to at the time of his death.”
- Registering a Will at the Consulate or Embassy
Some non-Muslims still execute their wills at the consulate or embassy of their home country. This option is only available if the particular country has such a provision and if the UAE accepts such wills.
What to Include in a Will in Dubai
A valid will should clearly outline the following details:
- Executor(s): Person(s) who will act as the representative of the will.
- Beneficiaries: Individuals or entities receiving assets.
- Assets: All the movable and immovable properties, including furniture, land, cash, shares and stocks, jewelry, and digital assets.
- Guardianship: For children, if applicable, the appointment of guardians to take care of the children if they are below the age of majority.
Is a Will Valid Outside the UAE?
A will that is made in Dubai is generally recognized and enforceable in other countries; however, it may be subject to the laws of other nations. It is advisable to seek the legal advice of your home country to establish the validity of the will and its compliance with the laws of that country.
Why Register a Will in Dubai?
Making a will means that your estate will be distributed according to your wishes. In the absence of a registered will, the UAE inheritance laws will likely prevail, which may not be what you desire. A properly registered will provides direction, legal protection, and comfort to the maker of the will.
How Notary Public Dubai Can Assist You
At Notary Public Dubai, we understand the need to protect your property and ensure that your dependents or loved ones are well protected. We have a team of legal advisors who will assist you through the entire process of preparing and implementing a will that is legally acceptable. No matter if you decide to register your will with the Dubai Courts, the DIFC Wills Service Centre or with the consulate of your home country, we offer complete service to help you understand the process effectively.
Get in touch with Notary Public Dubai today to secure your future and make sure that your will is up to date and legal.
