WILLS AND THEIR RELATED TERMINOLOGIES
A will is a legal document that contains instructions on the future disposal of one’s assets and properties after one's death. The document normally contains information on all the assets owned by an individual, in any part of the world and in any form. Detailed directions can be written on the way in which these assets should be disposed. Wills may bestow assets on individuals who are not legal heirs of the testator of the will. The person who authors the will is called a testator. All individuals and entities that receive benefits in the will are called beneficiaries. The person authorized to oversee the execution of the will is called the executor.
REPURCUSSIONS OF NOT HAVING A WILL IN THE CASE OF NON-MUSLIMS
As a non-Muslim, if an individual dies without a will, the state may enforce the local inheritance laws during the disposition of assets. Furthermore, this process may be prolonged, during which time the assets, particularly joint bank accounts, may be blocked, rendering them inaccessible to spouses or other individuals. Additionally, complications may arise during the appointment of guardianship for minor children.
EXPATRIATE WILLS IN THE UAE
In the UAE, Expatriates can register their will in the Dubai Courts, the Dubai International Financial Centre (DIFC) and the Abu Dhabi Judicial Department (ADJD). The DIFC only registers non-Muslim wills but the Dubai Courts and the ADJD allows registration of both Muslim and Non-Muslim wills. However, Muslim wills are required to be in adherence with the Sharia law.
ESSENTIAL REQUIREMENTS FOR A VALID WILL
a) Complete details of the testator. (Copy of Passport and proof of address)
b) Complete details of the beneficiaries in the will (Copy of Passport and proof of address)
c) Complete details of the executor of the will. (Copy of Passport and proof of address) A beneficiary can be appointed as the executor of the will.
d) Complete details of the two witnesses of will (Copy of Passport and proof of address). Witnesses must not be Beneficiaries or Guardians, or spouses of Beneficiaries or Guardians, in the Will
e) List of all assets to be included in the Will with enough detail to make them identifiable
WILLS REGISTERED IN THE DUBAI COURT
Non-Muslims can register their wills in the Dubai Courts as per the Federal Decree- Law No. 41 of 2022 on the Civil Personal Status and opt out of the application of the Sharia inheritance rules. The wills are required to be drafted in Arabic, or translated into Arabic before registration.
WILLS REGISTERED IN DIFC
DIFC allows registration of wills by non-Muslims. An individual may draft their own will, in compliance with the requirements of the registration process. One can refer to the DIFC website to understand these requirements, or use the will template provided therein. Alternatively, one may use the assistance of a registered will-draftsman to draft their will.
There are different types of wills that can be registered in the DIFC, namely;
a) Full Will- which contains distribution of assets and guardianship of minor children
b) Guardianship Will- containing details regarding interim and permanent guardianship of minor children.
c) Property Will- detailing the distribution of properties like real estate, vehicles, and other valuables.
d) Business Owners Will- detailing distribution of assets in companies incorporated under UAE Law, both onshore and free zones.
e) Financial Assets Will- covering bank accounts, fixed deposits, bonds, etc.
WILLS IN ADJD
Expatriates in Abu Dhabi can register their wills with ADJD, which allows the registration of wills for expatriates with the Abu Dhabi Civil Family Courts governed by Articles 11 to 13 of Abu Dhabi Law No. 14/2021 on the Civil Marriage and its Effects in the Emirate of Abu Dhabi and Articles 2 and 3 of Abu Dhabi Decision No. 8 of 2022.
The assets listed in the will may be located in any of the seven Emirates. In case of assets outside the UAE, further attestations may be required, with the law of the state where the property is situated also coming into play at the enforcement level.
To register a will at the ADJD, one is required to submit an application along with the will at the ADJD website. If the will is not drafted in Arabic, it must be translated into Arabic by a sworn translator and registered at the ADJD Wills Registry in Arabic or in bilingual form. Once the application and the supporting documents are verified by the department, the application is approved. The required fee must be paid online through the website.
The importance of a will cannot be overstated as it serves as a cornerstone of effective estate planning and a final expression of an individuals wishes. It reduces potential conflicts and uncertainties among heirs. It also helps in the protection of dependents, appoint competent guardians for minor children, and support charities close to one’s heart. Ultimately, a will is not a mere legal document, but a thoughtful act of care and responsibility for loved ones and future generations.