Guest Blog: How to make a will in Dubai for non-Muslims
Most expats in the UAE focus on building a career and achieving success, but neglect to take care of an important necessity - making a will in Dubai. We often fail to realise that without a will, if any unfortunate incident occurs in the family, our hard-earned assets may not be passed on to the right benefactors.
Thus, to ensure that your assets are secured and distributed according to your wishes, you must take steps towards creating a will in Dubai. However, it’s advisable to get a will drafted from a legally qualified lawyer, who will provide you with proper guidance on the legal implications.
What happens if you don’t have a will in Dubai?
If you don't have a will, the distribution of your assets will be based on the UAE Law of Inheritance and the guardianship of minor children could go to someone other than who you would like. Many people believe that it’s not necessary to make a will in Dubai if you don’t own any assets. However, even people without assets should consider making a will in Dubai, even if it is to simply appoint guardians to take care of their children in their absence. Creating a will in Dubai will give you assurance that your children will be well taken care of in unfortunate circumstances.
How to make a will in Dubai
The Law No. (15) of 2017 was designed to regulate inheritance, wills and probate for non-Muslims in the Emirate of Dubai, United Arab Emirates.
Any non-Muslim person who is over the age of 21, and has children below the age of 21 years or owns assets in Dubai - movable or immovable - needs to make a will.
WHERE CAN YOU REGISTER A WILL IN DUBAI?
For non-Muslims with assets in Dubai, there are two options for registering a will in Dubai: the Dubai Courts Public Notary or DIFC Wills Service Centre, which was previously known as DIFC Wills and Probate Registry. Meanwhile, there is also a separate Abu Dhabi will registry.
The difference between a DIFC will and a Dubai Courts will is the cost of registration and the language of the will. Dubai DIFC wills are more expensive and are completely in English, while Dubai Courts will costs less and is bilingual (English and Arabic). Additionally, the DIFC Wills Service Centre only caters to non-Muslims in Dubai.
It’s recommended to make a will in Dubai with the help of legal consultants who are specialised in the field, as they will be able to guide you and streamline the process of creating a will and having it registered. There are many lawyers who offer will drafting services in Dubai. Searching for how to get a will made? For making a will in Dubai, you will typically have to go through the following steps:
STEPS FOR MAKING A WILL IN DUBAI
Below are the necessary steps for creating a will in Dubai for expats who are non-Muslims.
Drafting the will
Make sure that proper legal specialists in Dubai draft your will, as they will be aware of the probate process, which is how the wills are implemented. Those creating a will in Dubai are also required to appoint an executor of the will. This can be anyone you choose, such as family or friends, however, they must be over 21 years of age. Drafting a full will in Dubai will include guardianship provisions and all assets.
Legal translation of the will
Once the draft is approved by the client, it will need to be sent for legal translation. This is because all the documents that are submitted to Dubai Courts need to be translated in Arabic. However, if you are registering your will at the DIFC Wills Service Centre, the entire process is done in English.
Registering the will
The final step is to have your will registered in either the Dubai Courts or DIFC Wills Service Centre. The cost of registering a will in DIFC and Dubai Courts differs significantly, with the latter being the more economical option.
HOW MUCH DOES IT COST TO MAKE A WILL IN DUBAI?
The exact cost of making a will in Dubai varies based on several factors, such as whether it’s a single or mirror will (two wills between a husband and wife). However, the approximate cost of a will in Dubai is around AED 8,000 to AED 10,000 when registering at Dubai Courts. Meanwhile, the cost of a DIFC will ranges between AED 15,000 to AED 20,000. The above cost of making a will with a lawyer would include drafting, translation and registration of a full will in Dubai.
HOW IS A WILL IN DUBAI IMPLEMENTED?
In the UAE, after the demise of a person, their bank accounts - including joint accounts - will be frozen. However, with a will in Dubai in place, getting the bank account activated becomes a fairly easy process. The Succession Certificate can be obtained from the Dubai Family Court, which categorically indicates the beneficiaries who will inherit the demised person’s immovable and moveable assets. This is also including and limited to end of service benefits and other assets that are indicated in the will of the deceased person.
When an individual passes away, the guardians named in the will should be entrusted with the custody of the children. The appointed executor will distribute the assets to the beneficiaries indicated in the will through a process known as probate, which includes the settling of any liabilities of the deceased person.
CAN MUSLIMS MAKE A WILL IN DUBAI?
For Muslims in Dubai, the distribution of their assets will follow the local Shariah law. However, Muslims do have the option to make Shariah compliant wills in Dubai where in they can will one-third of their assets to charity.
While making a will in Dubai can be expensive, doing so is a prudent and wise decision to be prepared for any situation in the future.
