Creating a will is a prudent and wise step to safeguard your family’s future. Hence, irrespective of the country you’re based in, you should look for ways to get a will legally registered. If you’re an expat living in UAE for years and have plans to settle in this beautiful country, you should be aware of the correct process of getting a will registered. Having a will in place will ensure your assets are handed over to the right benefactors, and the asset distribution is done according to your will.
In UAE, only non-Muslims can create a will, as a Muslim’s asset distribution will be according to the local Shariah law. Non-Muslims living in Dubai, UAE, are advised to get a will drafted and registered by qualified lawyers. If you’re new in the country and having difficulty finding a reliable lawyer for this task, you can contact us today.
Eligibility to Get a Will Created
Non-Muslims in Dubai can get a will created if they are 21+ years of age, own any movable or immovable property, and have kids below the age of 21. The Law No. (15) of 2017 requires such people to get a will registered either in DIFC or a local Dubai court. If a Non-Muslim dies without creating a will, his assets will be allocated according to the local Shariah law.
Step-by-Step Process
If you have the right lawyer, creating a will in UAE is easier than you think. The entire will registration process can be divided into three steps.
1. Drafting
Hire a specialist with a strong legal acumen and share how you wish your assets to get allocated after your demise. The lawyer will prepare a draft based on your input and also appoint an executor. The executor can be your family member, friend, or anyone else you trust. The only eligibility criterion to appoint someone as an executor is his/her legal age. It should be at least 21 at the time of will registration. The draft will contain every essential clause related to guardianship provision, asset allocation, etc.
2. Legal Translation
This step will be needed if you’re planning to register your will at a local Dubai court. All documents to be submitted in the local Dubai courts must be in correct Arabic. For this, the documents are given to professional translators to ensure 100% translation accuracy. But proceed with this step only after you’ve duly checked the draft and have given it approval.
Those willing to register a will in DIFC can skip this step, as the DIFC Wills Service Centre carries out the entire process in the English language.
3. Registration
Once the first two steps are complete, you can get your will registered in either DIFC or a local Dubai court.
Most of the important work is done by the lawyer, and you are only required to provide the necessary inputs and the required documents.
Cost of Getting a Will Drafted in Dubai
You can either get a will registered in a Dubai court or DIFC. If you go to a Dubai court, the cost would be anywhere around AED 8,000 to AED 10,000. But the price is way higher for wills created and registered at DIFC. People choosing DIFC over a Dubai court may end up spending anywhere between AED 15,000 to AED 20,000. These figures represent a rough estimate, and the actual cost can be determined only after talking to a lawyer.
Difference Between DIFC & Dubai Court Will
A will registered at either DIFC or a Dubai court stands valid. The only difference between DIFC will and a Dubai court will is the use of language and commercials involved. In DIFC, the entire work can be done in English, and the costs are on the higher side. On the other hand, a Dubai court will can be obtained by translating papers in Arabic, and the overall cost is way lesser than DIFC. As both DIFC will and a Dubai court will remain valid, you can choose any option, depending on your personal preference.
How is the Will Implemented?
When a person dies, his bank accounts get frozen by the authorities. Having a will makes it easier to activate the account and transfer the assets, both movable and immovable, to the beneficiary. For this, a succession certificate is needed from the Dubai Family court that clearly mentions the beneficiary’s name, and details related to the asset allocation. Once the certificate is received and details are verified, the assets can be disbursed according to the terms mentioned in the will. The executor and lawyer will play an important role in this stage.
If the entire process seems overwhelming to you, or you’re unable to find a reliable lawyer, you can contact us today. At Zenesis, we aim to simplify businesses and life by carrying out complex processes with the highest success rate. If you have any queries regarding will creation, get in touch with us today.
Call us at: +971 4 447 4997, WhatsApp: +971 58 914 2200 or email: info@zenesis.ae