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Wills

Guidance for Estate Planning

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                  Making a will enables you to distribute property at your discretion.

01


Special inheritance laws will apply depending on whether a testator is a Muslim or a non-Muslim person.

02


No residency requirement to make a will in the UAE.

03


Remote notarization of a will, there is no need to come to the UAE to make a will.

Inheritance Without Will for Non-Muslims

Inheritance without a will for non-Muslims generally divides assets between a spouse and children or among parents and siblings.

As a general rule, in the absence of a will the inheritance estate will be distributed as follows:

Rule 1

When a testator has a spouse and children - half of the estate is inherited by the spouse and the other half is divided equally amongst the testator’s children.

Rule 2

If the deceased had no CHILDREN — the inheritance will be distributed to his parents (if they are alive it will be distributed equally).

Or, if one of the parents is deceased, one half of the inheritance will be distributed to the surviving parent and the other half to the deceased’s siblings (if any).

Rule 3

If the deceased had a spouse but no children — half of the estate is inherited by the spouse and the other half is divided equally amongst the testator’s alive parents or a parent and to the deceased’s siblings (if any).

Rule 4

In the absence of the above-mentioned heirs of the first "order", the property passes to the testator’s brothers and sisters (if any).

Inheritance with Will for Non-Muslims

Valid Will Gives You an Opportunity to

Choose Applicable Law

Where a testator has multiple nationalities, the applicable law will be decided based on the nationality specified by him upon registration of their will.

Appoint a Guardian of the Children

Without a will the guardianship will be determined by the court according to the UAE law and guardianship may go to the local government.

Keep your Bank Accounts Active

In the event of a death without a will both individual and joint accounts of the deceased will be frozen.

                  Wills can be made by both residents and non-residents of the UAE at the Dubai International Financial Centre (DIFC) or with an Emirati notary.

Both options permit remote procedures with witnesses. Drafts in English are accepted, though notary will require an Arabic translation.

Will with Emirati Notary

01


The procedure is slightly cheaper than registering your will in DIFC.

02


Remote  participation in a videoconference with a notary without witnesses is sufficient.

03


Could be drafted in English will require an Arabic translation.

Will with the DIFC Wills and Probate Registry

01

Should be in English language only.

02

Remote — participation in a videoconference with 2 witnesses is sufficient.