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Wills in the UAE

August 19, 2020

We live in a nation where the majority of the people are here as Residents rather than Citizens. As Residents, we all assume that we will one day return home to settle down and at such time, transfer our assets, funds and savings to our home country.The current pandemic has brought significant uncertainty reinforcing the old saying ‘the only constant is change’. This means that upon the tragic, unexpected or sudden demise of our family members or partners, it may be a lengthy and an impossibly complex process to transfer the assets, bank accounts or any intended inheritance from their name into the name of the rightful heirs. What is most important however, is the custody of our beloved children ensuring they go to the right hands with whom they would be secure and happy.Therefore, if you do not take the necessary steps to set out in writing, your choices and preferences towards the above factors with a Will which is notarized in the UAE, then it would automatically thereby mean that you die intestate and so it will be left to the UAE courts to decide the aspects related to your inheritance and the guardianship of your children.

It is astute and prudent decision for any expats owning a business, assets, cars, apartments/ property, savings or funds in the UAE to prepare a Will which is compliant with the laws of the UAE and ensure that as per Article 17 (1) of UAE Federal Law No. 5 of 1985 (‘UAE Civil Transaction Law’) read and understood along with Article 1(2) of UAE Federal Law No. 28 of 2005 and the Law of Personal Status, the expatriate (Non-Muslim) is able to bequeath his assets to the individual of his choice as per his own personal status based on the laws of his home country.

Preparing a Will is a straightforward process. The Testator (the person who writes his will) needs to be very clear about their wishes, to whom they plan to bequeath which asset, or to whom they wish to reinstate the guardianship of their child(ren) in the event of their untimely demise and the same shall be set out in the Will accordingly. The next steps would be to have it Registered (Notarized) and subsequently, should he/she go through an unfortunate sudden demise, the Will shall be probated by their heir(s) at the courts in UAE. If a majority of the Testator’s assets are in Dubai International Finance Centre (DIFC), he/she may prefer to choose to have the Will registered in the DIFC Wills Registry, however, an amiable alternative would be to have the Will registered in the UAE in any of the UAE Courts/Notaries through the simple process of notarization.

How We Can Help

We at MBG can support and guide you through the entire process and render advise on the best option with regard to the right registration forum (DIFC/UAE Courts) depending on where the assets/properties are situated in the UAE, the location of the business in the UAE, the best option for the guardianship of your children and such requirements to be taken into consideration. We assist in preparing the Will for you and guide you through the registration process for the Will in UAE as a Non-Muslim Expat.

Sakina Dickenwala

Designation: Associate Director – Legal Services

About Author:

Company Secretary, Lawyer, and Commerce Graduate having 10 years of experience globally.

Areas of Specialization:

– Business advisory
– Regulatory Compliances and Governance
– International Commercial Contracts
– Commercial Law and Business Establishment
– Liquidation/Winding-up
– Employment Laws
– Land Department Laws


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