Understanding Wills in the UAE | Types & Legal Framework

Understanding Wills in the UAE: Types and Legal Framework

Creating a will is essential to ensure that one’s assets are distributed according to their wishes after their demise. Federal laws, local ordinances, and Islamic law (Sharia) all have an impact on the legal framework pertaining to wills in the United Arab Emirates. In particular, non-Muslim expats might decide to have their wills modified so that inheritance follows their own preferences rather than the default Sharia law. Experienced companies like OneClik Business Setup Services LLC FZ can assist for understanding the obstacles for an entrepreneur and providing tailor made solutions.

The several kinds of wills and the courts in charge of administering them will be discussed.

The Importance of Wills in the UAE:

In the UAE, inheritance is usually managed by Sharia law, which adheres to stringent asset distribution standards, in the absence of a will. This may lead to outcomes that are not what expatriates would have preferred. People can exert control over the nomination of executors, guardianship of their children, and wealth distribution by drafting a will.

Types of Wills in the UAE:

The UAE offers different types of wills, allowing both Muslims and non-Muslims to address their unique circumstances:

1. Sharia-Compliant Wills:

- - - Muslims usually draft sharia-compliant wills in accordance with Islamic inheritance law.
    - These wills designate certain heirs (spouse, children, parents, etc.) with set parts of the deceased’s inheritance.
    - Sharia law restricts the flexibility to allocate assets outside of the fixed shares.

2. Non-Muslim Wills:

- - - Wills can be drafted by non-Muslim expatriates to express their own preferences.
    - These wills may contain clauses naming executors, designating guardians for small children, and allocating assets worldwide.
    - If filed with certain authorities, non-Muslim wills may circumvent Sharia principles (more on this below).

3. Dubai International Financial Centre (DIFC) Wills:

- - - DIFC wills, created especially for non-Muslim expatriates, offer a safe method of allocating assets.
    - According to the intentions of the individual, these wills, which are registered with the DIFC Wills Service Center, provide the distribution of assets both inside the United Arab Emirates and occasionally outside of it.
    - The DIFC system’s independent and uncomplicated methodology makes it very well-liked.

4. Abu Dhabi Non-Muslim Personal Status Court Wills:

- - - In 2021, Abu Dhabi created a unique Personal Status Court exclusively for non-Muslims, providing a different way for non-Muslim foreigners to file their wills.
    - These wills give foreigners living in Abu Dhabi more flexibility and adhere to non-Sharia standards.

Registration of Wills:

To guarantee a will’s legality and enforceability, it is essential to register it. Depending on the jurisdiction and type of will, certain courts or organizations may register wills. These are the main choices:

- Notary Publics: For basic validation, wills can be notarized at public notary offices. Nonetheless, Sharia-compliant wills are more likely to select this option.
- DIFC Wills Service Centre: The DIFC Wills Service Centre is where non-Muslim foreigners living in Dubai and Ras Al Khaimah can file their wills.
- Abu Dhabi Personal Status Court: To guarantee adherence to its rules, non-Muslim residents of Abu Dhabi may register their wills with this court.

Types of Courts Handling Wills:

In the United Arab Emirates, various court types are involved in the enforcement and interpretation of wills, each with a distinct area of jurisdiction.

1. Sharia Courts:

- - - - These courts deal with Muslim inheritance matters as well as any situations in which a will has not been filed.
      - Islamic inheritance laws are rigorously enforced by sharia courts.

2. Civil Courts:

- - - - The administration of wills for non-Muslim expatriates is frequently handled by civil courts, especially when the will is filed with the Abu Dhabi Personal Status Court or DIFC.
      - These courts operate in accordance with the applicable laws and the registration of the will.

3. Courts at the Dubai International Financial Centre (DIFC):

- - - - Wills registered with the DIFC Wills Service Center are subject to the jurisdiction of DIFC courts.
      - They offer non-Muslim expatriates who want transparency and control over their assets a simplified and effective procedure.

4. Abu Dhabi Personal Status Court for Non-Muslims: As an alternative to Sharia courts, this specialist court in Abu Dhabi deals with wills and personal status issues for non-Muslims.

To meet the needs of both Muslims and non-Muslims, the UAE provides a variety of choices for will drafting and registration. To ensure the correct distribution of assets, it is crucial to comprehend the various will types and the courts involved. The advantages of registering wills with organizations such as the DIFC or Abu Dhabi Personal Status Court should be investigated by non-Muslim expats in particular. Making a will gives loved ones peace of mind and eliminates any legal ambiguities.