Secure your future with a Will in the UAE

3 lawyer Salam Al Jabri abu dhabi — Adv Salam Al Jabri

1 advocate amal khamis uae — Adv Salam Al Jabri

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What is a Will?

A Will is the most important document that you ever write because it allows you to select the persons who will receive what you own when you die.

Why do you need a Will in UAE?

For expats in the UAE with assets, having a professionally created Will is essential. UAE law applies to Wills made by foreigners for property disposal, potentially subjecting assets to Shariah Law.

What to Include in a Will: Property, Assets?

You may think that you have no assets but have you considered what would happen to:

Money in Bank Accounts • End of Service Payments • Gratuity Payment • Death in Service Benefit • Personal Possessions • Business • Car • Stocks • Bonds • Other Investments • Jewelry and Watches • Art Collections • Mutual Funds • Websites and Digital Legacy • Company Shares

There is no rule of survivorship in the UAE. Therefore if you have a joint bank account, then on the death of one of the account holders, the bank account will be frozen and funds unattainable until a Court Order is received.

Frequently Asked Questions

What is the difference between a Single Will and a Mirror Will?

A Single Will, as the name suggests, is a Will which is prepared for one Testator. A Mirror Will is two (2) Wills which are almost identical in nature. This is commonly prepared for couples who have identical clauses in the content of the Will.

What is Probate?

Probate is the legal proceeding through which a competent court determines how a deceased Testator’s assets are divided. If you passed away with a Will, the competent court would look into the contents of the Will to determine what your wishes were and execute those.

Who is a Testator?

A Testator is the person who is making the Will. It is the person whose wishes are being recorded in the Will for it to be executed upon his passing away.

Who is the Executor?

An Executor is the person who presents the Will in front of the competent court to get it executed upon the passing away of the Testator. It should be a person who you have the utmost trust in since it is important to the overall legal process of getting the Will executed.

Who is a Beneficiary?

A Beneficiary is the person who is entitled to receive the assets of the Testator (upon his passing away). They are named by the Testator along with the percentage of assets that they will be entitled to in the Will.

Who is a Guardian?

A Guardian is the person who takes the parental responsibility of a minor child of the deceased Testator. If you have minor children, it is important to name the Guardians in the Will clearly so that guardianship does not devolve to someone who you do not intend for it.

How is a Will made legally enforceable?

A Will is made legally enforceable by getting it notarized at a Notary Public Office in Dubai.

What is a Dubai Notary Will?

A Dubai Notary Will is a Will which is notarized with a Notary Public Office in Dubai, UAE. The Will is notarized in the presence of a Notary Public. It can be done both online notarization and through in-person notarization.

What Happens in the Absence of a WILL

Many non-Muslim expatriates in the UAE are unaware that in the absence of a legally registered Will in the UAE, the process of transferring assets after death can be extremely time-consuming, costly and fraught with legal complexity. This could mean that assets accumulated during their time in the UAE may not go to their loved ones as they would have intended.

The UAE Courts Will Adhere To Sharia Law

For those that have assets in the UAE there is a simple reason to make a will. The Government of Dubai official website states that ‘The UAE courts will adhere to Sharia law in any situation where there is no will in place’.

This means if you die without a will or planning your estate, the local courts will examine your estate and distribute it according to Sharia law. While this may sound fine, its implications may not be so. All personal assets of the deceased, including bank accounts, will be frozen until liabilities have been discharged.

A wife who has children will qualify for only 1/8th of the estate, and without a will, this distribution will be applied automatically. Even shared assets will be frozen until the issue of inheritance is determined by the local courts. Unlike other jurisdictions, the UAE does not practice the ‘right of survivorship’ (property passing onto a surviving joint owner upon the death of the other).

Furthermore where business owners are concerned, be it in the free zone or LLC, in the event of a shareholder or director’s death, local probate laws apply and shares do not pass automatically by survivorship nor can a family member take over in lieu. There are also issues regarding guardianship of bereaved children.

It is prudent to have a will to protect your assets and children and be prepared today for all that may and can happen tomorrow.

How to prepare or create a Will?

With the right preparation, you can create a will that covers your unique needs.

A will’s importance is clear regardless of your personal situation. Without a will, you have no input about the distribution of your property after your death or the persons involved in administering the estate. A local court makes those decisions, and it has no authority to deviate from the state law. In essence, the state steps into your shoes and makes all of the decisions for you.

This can be easily avoided with proper planning. By creating your will now, you can always add to the provisions or alter the document as your life evolves. It’s important to review your current will every five years to be sure that it’s up to date and still reflective of your future wishes.

Single Will

Enrich our growing community.

Drafting: In English with certified legal Arabic translation
Assets: Distribution as per your wishes
Guardians: Appointment on a permanent and temporary basis with alternates
Executors: Appointment with alternates

AED 4,000

Mirror Will

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Drafting: In English with certified legal Arabic translation
Assets: Distribution as per your wishes
Guardians: Appointment on a permanent and temporary basis with alternates
Executors: Appointment with alternates

AED 7,000

POA

Power of Attorney

Drafting: Personal POA from an individual, In English with legal Arabic translation
Attestation: E- notarization assistance. Inclusive of gov. fees for one (1) principal
Principal: Max. one (1) principal
Review: One-time review and edit

AED 1,500

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Will drafting and UAE estate planning is our flagship service and are our expertise. We have a diverse and multi-lingual team ready to assist you in preparing your bespoke Will, meticulously detailing your wishes to protect your property and assets for future generations.

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“We want the UAE to be the global reference point for a tolerant culture, via its policies, laws and practices. No one in the Emirates is above the law and accountability.”

His Highness Sheikh Mohammed Bin Rashid Al Maktoum Is The Vice President And Prime Minister Of The United Arab Emirates, Ruler Of The Emirate Of Dubai.

Key Elements to Include in Your Will

Crafting a legally valid will takes planning, but doesn’t need to be complicated. Here are must-have sections for a solid will:

List of Assets and Debts

Make a thorough accounting of what you own and owe:

Real estate properties and titles
Bank, investment, and retirement accounts
Life insurance policies
Vehicles like cars, boats, RVs
Collectibles, jewelry, art, antiques
Mortgages, credit card balances, personal loans

Beneficiaries

Determine heirs to receive your assets. Typically these include:

Spouse and children
Extended family and friends
Charities and non-profit groups
Pet care trusts

Be as specific as possible naming beneficiaries, using full legal names and contact info to avoid confusion. State exact amounts or percentages each receives.