Making a Will in Dubai: A Comprehensive Guide

Making a Will in Dubai is an important step to secure your assets and ensure your loved ones are taken care of after your passing. The process of creating a will is essential for anyone who owns property, investments, or personal assets in Dubai. Whether you’re a resident or a foreigner, having a Will in place can help avoid legal complications in the future. In this article, we will walk you through the essential aspects of making a will in Dubai and why it’s important to have a professional, like N-A Lawyers Dubai, assist in the process.

Understanding the Importance of Making a Will in Dubai

One of the first steps to making a will in Dubai is to understand why it’s necessary. Without a legally binding will, your estate may be subjected to the jurisdiction of the local Shariah law, especially for non-Muslims. In such cases, your wishes might not be honored, and your estate may be divided in a manner you didn’t intend.

By making a will, you ensure that your assets are distributed according to your wishes. It provides clarity and guidance to your heirs, helping to prevent conflicts and confusion. A well-drafted will also provides peace of mind, knowing that your loved ones will not face unnecessary legal hurdles.

Who Needs to Make a Will in Dubai?

It is often assumed that only high-net-worth individuals or property owners need to create a will. However, anyone who has assets in Dubai, no matter how small, should consider making a will. This includes:

• Property owners in Dubai
• Those with investments or savings accounts in the UAE
• Expats and residents planning to allocate their personal assets to beneficiaries
• Parents who wish to nominate a guardian for their children

Making a Will in Dubai becomes essential for both residents and expatriates, as it ensures that your property, belongings, and even digital assets are distributed as per your wishes.

Legal Framework for Making a Will in Dubai

The legal framework for making a Will in Dubai is unique, as the UAE follows a combination of Islamic law and civil law. As mentioned, non-Muslim expatriates can opt to create a will that will be recognized by the Dubai Courts, provided it follows specific regulations.

For Non-Muslims

Non-Muslims who wish to create a will in Dubai must follow the guidelines set by the Dubai International Financial Centre (DIFC) Wills and Probate Registry. This process allows expats to draft a will in accordance with their home country’s laws, while also ensuring that the will is legally recognized in the UAE.

The DIFC Wills and Probate Registry provides a streamlined process that includes the option of appointing executors, guardians for minors, and specific instructions for the distribution of assets. This method offers expats clarity and security, making sure their wishes are followed posthumously.

For Muslims

Muslims in Dubai are subject to Shariah law for inheritance purposes. This means that assets will be divided according to the principles set out in Islamic law, which doesn’t always reflect the wishes of the deceased. In such cases, making a Will can still be useful, particularly for non-property assets or to appoint executors.

The Process of Making a Will in Dubai

Making a Will in Dubai involves several steps, from gathering your assets to selecting a suitable executor. Here’s an overview of the process:

Step 1: Define Your Assets and Liabilities

Before drafting a will, it is essential to make a detailed list of all your assets, including properties, bank accounts, investments, and any other valuable belongings. It’s equally important to include any debts or liabilities that need to be settled. This will help ensure that your executor can efficiently manage your estate.

Step 2: Appoint an Executor

An executor is the person who will manage your estate according to your will. This is one of the most important decisions to make, as the executor will be responsible for ensuring your wishes are carried out. Ideally, the executor should be someone you trust, such as a family member or a legal professional.

Step 3: Nominate Guardians for Minor Children

If you have children who are under the age of 18, it is crucial to nominate a guardian in your will. This is especially important for expatriates in Dubai, as the UAE court system does not automatically recognize guardianship rights for non-Muslim parents.

Step 4: Drafting the Will

Once you have decided on the details, the next step is to have your will drafted. While it’s possible to write your will on your own, it’s highly recommended to consult a legal professional, like N-A Lawyers Dubai, to ensure that your will is legally sound and follows the correct procedure. A lawyer will help ensure that the document is clear, accurate, and binding.

Step 5: Register the Will

To ensure that your will is legally valid, it must be registered with the appropriate authorities. For expats, this means registering the will with the DIFC Wills and Probate Registry. For Muslims, registering the will with the Dubai Courts may be necessary to ensure its validity.

Key Considerations When Making a Will in Dubai

When making a Will in Dubai, it’s important to keep several key considerations in mind:

• Language and Translation: Ensure that your will is written in a language understood by all parties involved. If it’s written in a foreign language, an official translation must be provided.
• Validity: A will is only valid if it is signed by the testator (the person creating the will) and witnessed by two competent individuals who are not beneficiaries.
• Exclusion of Certain Assets: Some assets, such as Islamic endowments (waqf) or certain joint property, may not be included in the will. Always consult a legal expert to confirm the validity of your asset inclusion.
• Periodic Updates: It’s essential to review and update your will periodically to reflect any changes in your assets, family, or personal preferences.

Why Seek Professional Help from N-A Lawyers Dubai?

Making a Will in Dubai involves navigating complex legal frameworks, and seeking professional assistance can ensure the accuracy and legality of your will. N-A Lawyers Dubai has extensive experience in helping clients draft and register their wills in the UAE, ensuring that all legal requirements are met. Our legal team is well-versed in both Shariah law and international inheritance laws, making us the ideal partner for expats and residents alike.

To get started, you can call us on +971 54 598 7143 or contact us via WhatsApp on +971 54 598 7143. Our office is located at Fifty One Tower, Unit 1300, Marasi Dr, Dubai, UAE. We are here to help you with all your legal needs, ensuring your will is executed according to your wishes.

Conclusion

In conclusion, making a will in Dubai is an essential step in protecting your assets and ensuring your loved ones are cared for. Whether you’re an expat or a local resident, having a legally binding will in place can save your family from unnecessary legal complications. Reach out to N-A Lawyers Dubai to assist with drafting, registering, and managing your will in Dubai. With our expertise and experience, we can guide you through the process with ease and confidence.