Wills For Non-Muslims In UAE

Will is a way of distributing the assets of the deceased among his heirs. Now, will for Muslims is already presented in Shariah, but when it comes to will for non-Muslims, how does the UAE deal with it? The UAE follows a hybrid approach, incorporating both civil and common law principles to handle the wills of non-Muslims. In addition to providing customers with excellent results under Dubai Arbitration Law, Dubai arbitration law firms provide the highest level of protection for their legal rights as well as the terms of any agreements that may have been struck between the parties.

When it comes to will for non-Muslims how UAE deals with it?

Well, a non-Muslim can make a will, however, it is solely the decision of the local UAE court to maintain the will. Article 17(1) of the civil court of the UAE says that the law of the deceased will apply to his matters of inheritance at the time of this death.  Article 1(2) of the UAE personal status law says that foreigners are free to elect to apply for their personal status and this provision of the law is equally applicable to the non-Muslim citizens of the state. In 2015 the Dubai international financial center (DIFC) established a will and validation registry, thus a non-Muslim having assets in UAE can now register his will and can get it executed under the jurisdiction of DIFC. Few requirements must be kept in mind before making the will in UAE, only non-Muslims having assets in UAE and who have attained the age of 21 can make a will that shall be executed by the requirements of DIFC.

Non-Muslims are autonomous in drafting, registering, and deciding about their heirs. It’s not compulsory for the person registering his will to be a resident of the UAE. The will registered can cover any asset that is physically located or is registered in UAE. Any other asset which is located outside of the UAE cannot be registered under DIFC. Once the will is registered anyone can be an executor, a family member, a friend, or a legal representative, but this undertaking requires a bunch of explicit obligations.

Types of wills available

1. Single full will (covers everything)
   Under this will, one can cover all the matters related to the distribution of assets and decisions about the appointment of guardians for minor kids.
    
2. Guardianship Will
   Guardianship will cover the appointment of guardians connected with the signatory’s minor children.
    
3. Property Will
   This type of will covers up to 5 real estate properties only.

While drafting the will be careful about the language you. Everything should be clear and avoid ambiguities. Be very precise about choosing your beneficiaries’ guardians and executors. Once your will is written review it carefully. Registration of your will is a must.

Millions of foreigners and non-Muslims live in UAE. The recognition of the above-discussed issue and the updated solution provided by the UAE government and DIFC makes UAE a more attractive destination for investment.