How to Make a Will in the UAE?

While no piece of paper is enough to sort out every issue after you pass away, a Will comes quite close to doing so. Through a Will, you set forth instructions regarding inheritance of your assets and guardianship of your minor children. As an expat having assets in the UAE, you should consider writing a Will to save your loved ones from unnecessary legal obstacles after you pass away. Through this guide, we shall explain everything you need to know about making a Will in the UAE in 5 simple steps.

Here Are The 5 Steps to Make a Will in the UAE

1. Choose Where to Register Your Will
2. Name the Beneficiaries
3. Appoint the Executors
4. Appoint Guardians for Your Children
5. Hire a Law Firm

1. Choose Where to Register Your Will

DIFC Courts and ADJD are the two key judicial bodies in the UAE, with both having dedicated Will registries, respectively known as the DIFC Courts Wills Service and the ADJD Wills Registry for non-Muslims. These are the two most preferred options among non-Muslim expats looking to register Wills in the UAE and they are our recommendations as well. You can cover assets located in any of the seven emirates of the UAE by registering a Will at DIFC Courts or ADJD. Since the beginning of the COVID-19 pandemic, an option for registration via video conferencing has been introduced at both departments.

By registering a Will at DIFC Courts Wills Service, you can cover assets located in foreign locations as well (depending upon our legal advice on a case-to-case basis). Moreover, you can register a Will in English, a provision never introduced before in the UAE. Additionally, the executors of your Will have the advantage of a short probate process that can be conducted in English. On the other hand, ADJD offers Will registration services at the most affordable rates and has recently introduced a bilingual court for probate. Legal Inz is registered with both DIFC Courts and ADJD and assists you with end-to-end services for drafting and registering Wills online.

2. Name the Beneficiaries

By naming beneficiaries in your Will, you spell out who inherits your assets and how much they inherit. If not stated clearly, it is up to the UAE courts to decide the beneficiaries it is usually done by applying either the Shariah Law or your home country law depending upon the court where the probate application is filed. Your family steers clear of possible legal entanglements when the beneficiaries are explicitly mentioned in your Will. The probate process can be completed at a swift pace and your family won’t have to wait for months to have access to your assets. Furthermore, chances of disputes within your family are minimised. The beneficiaries can easily inherit the assets without any interference from other family members who are left out of the Will.

Besides naming the primary beneficiary, it is imperative to mention the alternate beneficiaries as well. For instance, non-Muslim Wills made in the UAE, commonly have the spouse named as the primary beneficiary entitled to 100% of the estate. The children are named as the alternate beneficiaries to inherit assets in case the spouse does not survive the testator (the individual writing the Will). Additional layers of alternate beneficiaries may include the testator’s parents, siblings, relatives, or friends.

3. Appoint the Executors

An executor is the individual responsible for carrying out the instructions of your Will. Wills made in the UAE generally have a beneficiary named as the executor and, in most cases, it is someone amongst the spouse, sibling, or a parent. You must also name alternate executors in your Will should the primary executor refuse the responsibility or pass away before the testator does.

Since the role of an executor can be quite demanding, you must appoint someone you trust and believe is capable of handling such a responsibility. The executor will eventually deal with the hard-earned wealth you had accumulated during your lifetime. Hence, it is advisable to put some thought into it and have a prior conversation with the individual whom you wish to name as the executor.

As per the UAE law, the executor must be at least 21 years of age at the time of executing the Will. The person must not be someone with a prior history of convictions for felony or someone who has been declared insolvent unless they have been rehabilitated now.

4. Appoint Guardians for Your Children

Besides stating the succession of your assets, you must appoint legal guardians for your minor children through a Will. A legal guardian is handed all duties that any parent is expected to have. This includes making important decisions involved in the upbringing of the minor child and providing financial support for them.

It is an incorrect assumption that the mother automatically becomes the legal guardian after the father’s death. Instead, the mother is granted the status of a ‘custodian’ as per the UAE law. To declare your wife as the legal guardian, provisions for the same must be added to your Will.

Wills made in the UAE typically have the spouse named as the permanent legal guardian. The grandparents or biological uncles and aunts of the minor child are chosen as the alternate legal guardians. It is recommended to have further layers of guardianship to cover possible scenarios where the appointed primary and alternate guardians do not survive you. Moreover, you may appoint temporary guardians to look after your minor children during the buffer period until the permanent guardians arrive in the UAE.

5. Hire a Law Firm

A Will if drawn up incorrectly can have severe repercussions. A Will should be up to date with the latest legal changes in the UAE. Not stating clear directions to pass on your assets can make your Will difficult to interpret. If a Will has flaws or overlooks certain clauses, it may be considered invalid. Leaving behind an invalid Will is as good as passing away without a Will. Therefore, you must avoid drafting Wills on your own or hiring typing centres to do so. Rather, you must seek professional legal services for writing a Will.

We at Legal Inz , have redefined the way Wills have been drafted until now in the UAE. Through an effective use of technology, we enable you to be in control of the Will drafting process from the comfort of your home. By filling up our easy online forms you can have a Will drafted in no time. Draft your Will today through Legal Inz and protect your family’s future.