Understanding the Legalities of Will Drafting in Dubai

Making a Will in Dubai is crucial so that your assets can be shared based on your wishes. Having a legally valid Will helps protect your family, avoids conflicts, and ensures proper administration of wealth. For this purpose, getting acquainted with the legal practices will help you protect your assets and ensure that your wish is fulfilled. This blog will give a general guide to procedures and factors to consider when preparing a Will in Dubai.

Why Should You Draft a Will in Dubai?

The need to draft a Will holds utmost importance, especially for expatriates living in Dubai. In case someone passes away without writing a Will, the distribution of your property might be in accordance with the court orders, which may not be as per your wishes. In the case of an individual dying intestate, the court decides who inherits your property and the proportions in which it is divided.

Also check: Wills for offshore assets

For expatriates, drafting a Will is crucial to ensure that all their assets are shared as they desire, whether in Dubai, their home country, or any other country. A well-drafted Will also has the added advantage of minimising confusion and anxiety for your family at a sensitive time.

Legal frameworks for Wills in Dubai

Dubai’s residents can make a Will through the DIFC Courts, the Dubai Courts, or the ADJD where they have the freedom to choose.

DIFC Wills: The DIFC Wills and Probate Registry was operationalized in 2015 as a legal system. DIFC Wills enable the expatriate to Will his property in a flexible manner, and name guardians for the children, in the event. These Wills are registered in English, and can only be prepared by non-Muslims.

Dubai Courts Wills: Expatriates can also decide to lodge their Will with the Dubai Courts.

ADJD: The Abu Dhabi Judicial Department allows residents from all over the UAE to register their Wills. These can be prepared at a highly affordable price.

Factors to Consider for Ensuring a Valid Will in the UAE

Testator: The testator should have the intellectual capability to understand the ramifications of the choices they make while drafting the Will.

Age: In the UAE, a legal Will has to be drafted by a testator who is aged at least 21 years.

Textual Form: It should be noted that a Will has to be in writing. Generally, UAE law does not permit oral Wills.

Witnesses and the signature: The Will has to be made in writing, and be signed by the testator in the presence of two attesting witnesses who are of sound disposing mind at the time of registration of the Will. Thus, in order for the testator to sign the document, the signatures of the witnesses must second that of the testator.

Registration: Every Will made in the UAE must be registered with the relevant authorised body which can be the DIFC Courts, the Dubai Courts, or the ADJD.

It is crucial to recognize that the requirements of the Will validity might differ depending on the jurisdiction within the UAE. It is therefore advisable to refer to the specific rules and regulations in place.

Conclusion

Will drafting in Dubai, and elsewhere in the UAE is a vital procedure that demands taking into account the legislation and rules that apply to the process. Thus, by being aware of some laws regarding the making of a Will and selecting an appropriate jurisdiction, an expatriate can ensure that, after his or her death, property, and money will be distributed as per what he or she desires and the loved ones will be provided for. If you are seeking assistance in registering Wills at the ADJD, DIFC Courts, or the Dubai Courts, it is necessary to spend time to draw a legally valid Will in Dubai, and other Emirates of the UAE. When it comes to top-notch Will writing services, Legal Inz provides the expertise to ensure that your final wishes are respected.