Will Deed Attestation & Court Procedure of Inheritance in UAE

You can now draft and register a will online in the UAE

Why do you need to make a will?
Non-Muslim expats with assets (cash, bank accounts, properties) in the UAE should make a will and register it in order to ensure that their assets are passed on to the legally assigned family members or friends or even a legal entity.

The UAE courts adhere to Sharia law and in the absence of a will, the local courts will distribute your estate and appoint guardians according to the principles of Sharia law.

This is why it is important to draft and register a will, which you can do in the UAE at the Abu Dhabi courts as well as Dubai International Financial Centre (DIFC) Courts. During the current restrictions on movement, DIFC Courts have also offered additional will registration services online.

What is right of survivorship?
When jointly owned property includes a right of survivorship, the surviving owner automatically receives the dying owner's share of the property.
Some [expatriates] were even unaware until they considered having a will that if they own property and bank accounts jointly with their spouse, ownership would not automatically pass to the survivor, but instead will be divided according to the UAE’s sharia-based law, whether or not they are Muslim. This can lead to a time-consuming and complex legal process to transfer assets in the absence of a will
Many people feel uncomfortable when it comes to writing or registering their wills, but the point to understand is that the will is not for you. Your loved ones are not required to do guesswork on what your wishes were, or to go through lengthy and costly court procedures.

Do you need to be a UAE resident?
No, as long as you have assets in the UAE or have minor children living with you in the UAE, you can register a will. You can also include your assets from outside the UAE within this will.

Different types of wills
There are different types of wills available through the DIFC Courts Wills Service:

1. A Full Will, which encompasses all assets and guardianship provisions.

2. A Property Will, which can apply for up to five properties in the UAE.

3. A Guardianship Will, which appoints both interim and permanent guardians for children.

4. A Financial Assets Will, which applies specifically to bank and brokerage accounts; and

5. A Business Owners Will, which applies to free zone or UAE onshore companies

Online registry
Property wills, business owners wills and financial assets wills already had a virtual registry at DIFC. The courts have now started an online service for Full wills.
The registration of Full wills happens via video conferencing, enabling the service to be accessed remotely from your smartphone, tablet or desktop devices and from the comfort of your home. The system allows the Testator and two witnesses to join in on the video conferencing call from different locations, and further allows an approved Will to be directly uploaded on the system and to affix electronic signatures.

How do I begin the process?
The first step is to reach out to a legal practitioner registered with DIFC Courts, who can draft your will following the basic requirements as laid out by the UAE law.

This is a crucial step, because if you do not fulfill the basic legal requirements, you will would not be enforceable.

You can do so, by clicking here.

Drafting the will is the most detailed part of the process, as you would need to select your beneficiaries, choose the executor of your will, appoint a guardian for underage children and be specific about who gets what. This is another reason you should consider getting a legal expert to guide you through the process.

Once you have drafted the will, you would then need to book an appointment online or via the DIFC Wills mobile app, which is available on Apple AppStore and Google PlayStore.

You would then need to make the necessary payments in order to go ahead with the registration.

Payment
The cost of your will registration can vary depending on the type of will. Also, single wills – made for an individual – can cost less compared to a mirror will – which a couple can opt for. Mirror wills are virtually identical wills where one person in a couple leaves their estate to the other in the event of their passing away.

This is the cost of wills as listed by the DIFC Wills Service Centre:

Full Will
(covering all movable and immovable assets)

Single Will: Dh10,000

Mirror Wills: Dh15,000

Guardianship Will
(covering guardianship provisions for minors below the age of 21)

Single Will: Dh5,000

Mirror Wills: Dh7,500

Property Will
(covers shares in up to 5 real estate properties; can be registered in the DIFC Wills Service Centre office or via Virtual Registry*)

Single Will: Dh7,500

Mirror Wills: Dh10,000

Business Owners Will
(covers shares in up to 5 different companies; can be registered in the DIFC Wills Service Centre office or via Virtual Registry*)

Single Will: Dh5,000

Mirror Wills: Dh7,500

Financial Assets Will
(covers shares in up to 10 different bank accounts; can be registered in the DIFC Wills Service Centre office or via Virtual Registry*)

Single Will: Dh5,000

Mirror Wills: Dh7,500

Registering the will
At the registration hearing, which is now being done online, you would need to be present along with two witnesses.

You would need following documents during this process:

• Official IDs of the two witnesses

• Your unsigned draft will

• Your Emirates ID, passport and proof of payment.

Once the details have been reviewed, all parties will be able to affix electronic signatures to complete the process.

How long will the process take?

The registration of a Will in person at the DIFC Wills Service takes approximately 45 minutes to one hour.


Registering Wills in Dubai: 
You can register your Will with Dubai International Financial Centre's Wills and Probate Registry which was launched on on May 1, 2015.

Wills and Probate Registry allows non-Muslims to register their wills, which allows them to transfer their assets as they wish upon their death.

Before the new inheritance law enforcements, judges at the court of first instance would apply Sharia to non-Muslims in case of death, since courts didn't recognise wills from outside the country.

The new law has shortened the time frame needed to settle the distribution of assets and wealth of a deceased expatriate to a few months. It also decreased the amount of money paid to settle the inheritance.

The cost of the registration of a will at the Dubai Court is Dh2,165, not including Arabic translation fees. The DIFC will charge Dh10,000 and 15,000 for two mirror wills for spouses. A will specifically for guardianship costs Dh5,000, and the cost for two mirror wills for two parents is Dh7,500.
The right of survivorship, where assets are passed on to the surviving joint owner upon the death of the other, does not apply in the UAE. For Muslims, the court will automatically apply Sharia and distribute assets to predetermined beneficiaries.
For non-Muslims, options are available should they prefer to specifically itemise to whom their assets in the UAE should go to when they pass away.
DIFC Wills and Probate Registry (DIFC WPR) covers assets in Dubai and Ras Al Khaimah.Any non-Muslim expatriate over the age of 21 and has something valuable in the UAE to pass on can choose to write a will. 

What is Will and How to write a Will deed?
A 'Will' is a legal declaration of a person's intention which he desires to be performed after his death. Through 'Will' one can transfer his property to any person he likes, i.e. Faithful servant, handicapped children, widowed daughter etc. It avoids confusion about the disposal of property, among the family members after his/her death. A will can be created by any person at any stage of life.

Major Characters of Will
1. A will must be in writing and signed by the testator (except privileged will by soldier/airman engaged in warfare or a mariner being at sea). The signature must be placed in such a way that it shall appear that it was intended to give effect to the instrument as a Will.

2. The Will should be attested by two or more witness in the presence of the testator. The attesting witnesses need not know the contents of the Will. They are only witnesses to the signature or mark of the testator.

3. The attesting witness and his/her spouse must not be beneficiary under the will otherwise the bequest (the act of gifting money or property in a will) in their favour would be invalid. However the validity of other bequests under the will not be affected.

4. It takes effect after the death of the testator.
5. Will is revocable during the life time of the testator.
6. There is no particular form for will by law. The language should be as simple as possible and understandable even by a layman.
7. A Will can be made on plain paper (need not to be on a stamp paper)
8. Registration of Will is not compulsory, though it is desirable

Persons authorized to make a Will
Every person of sound mind, not being a minor can dispose of his property by Will.

The following are fundamentals for making a valid Will:
- Testamentary capacity and sound disposing mind
- Knowledge of contents
- Free from undue influence/fraud/coercion
- Voluntary act

Property that can be disposed by Will
All properties, movable or immovable, of which the testator is owner and which are transferable can be disposed of by a Will. Property which is not legally transferable cannot be bequeathed. It means we cannot write a Will on the property which is legally not transferable.

Who can be a legatee under a Will?
Any person can be a legatee (beneficiary by the will) including a minor or a lunatic. However, a bequest to a person not in existence at the time of testator's death is void (This happens when the legatee die before testator). A minor can bequeath property through executor/trustees till the time of attaining majority.

Testator - Is the one who has made a legally valid will before death
Legatee - Beneficiary by the will

Indian Laws of Wills & Inheritance
Hindus, Buddhist, Sikh or Jains may execute will as per the section 30 of the Hindu succession Act, 1956.
The law of Will is contained in the part VI of the Indian Succession Act, 1925 and Christians, Parsis, and the Jews are governed by this.
Wills made by the Muslims are governed by the Muhammadan Law which is basically governed by their religious texts. The inheritance laws for Sunnis are different from those of Shias.

NOTE: If you want to use the Will Deed in UAE, it has to be prepared both in Arabic and English and get attested by Notary Public.
+ If you want to use it only in India, you can do attestation from Indian Consulate.

Do you need more guidance? Mail your queries to visaprocess.ae@gmail.com
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Non-Muslim expats: How to get a will for assets in the UAE

If you do not have a will, the UAE Law of Inheritance will be applied on your assets after your demise; and can even affect the guardianship of your children if they are in the minor age group.

As a non-Muslim expat in the UAE, you may already have a will made in your home country for your assets there. But your home-country laws of inheritance may not apply to your movable and/or immovable assets in the UAE, unless you have a registered will recognised as per UAE law.

What can happen if you don't have a will upon death?
- Your bank accounts will be frozen immediately for existing or contingent liabilities (regardless of it being a joint or individual accounts).

- Dependent visas will be cancelled.

- Re-appropriation of assets may be unfavourable and may not stay within your immediate family.

- Custody of minor children may go to someone you don't prefer or the local government might have to intervene

- Life insurance claims may go into covering your liabilities or be counted as part of property to be appropriated by the Courts

- A court case appealing the automatic appropriation can take as long as five years and result in huge legal payouts.

- Bulk of your estates might go to extended family as per Sharia law.

What you need to do beforehand?
- Inform your immediate family i.e. spouse or parents about your assets and liabilities from time to time.

- Have a complete list of all your assets, including movable assets, property, life insurance, employee benefits and have an idea of your net worth.

- Always properly complete the beneficiary details on your employee benefits form.

- Try to have separate bank accounts, assets and visas with your spouse so as to avoid problems if accounts are frozen.

What do you need beforehand?
+ Emirates ID.

+ Passport (original and a copy).

+ The document 'Will' to be legalised, with a sufficient number of copies for all parties concerned and a copy for records.

+ Documentation that provide clear proof of the bequeathed property ownership.

+ An official translation attested by the Ministry of Justice is required where the document is drafted in a language other than Arabic language.

Getting a will in Dubai

While you can do the entire process alone, we recommend using a consultant as verifications of various documents and processing is easier with such agencies. Ensure that they are specialised in this field and always go through a trusted reference.

You can get your will registered at Dubai Courts or through the DIFC Wills and Probate registry.

Note: More details on the differences in will registration in Dubai Courts and DIFC Wills and Probate registry explained below.

Steps to get registered 
1. Drafting the will
This is the most important step of the process and while you can ask a legal consultant in your home country to help draft the will, it is essential that you get the will checked by a specialist in the UAE. A wrongly written will can tie up your assets in long and tiresome legal battles for your loved ones. Most specialised consultants offer this service as an add-on and costs can range anywhere from Dh2,000 to Dh6,000.

For DIFC Wills and Probate registry, they do not provide any will-writing services and when you go there, you must be ready with your written will. However, they have a register of companies (which is not proof of endorsement) on their website who can do it for you. It is ultimately your responsibility to decide who drafts your will.

2. Arabic translation
All documents to be submitted in Dubai Courts need to be translated to Arabic by approved legal translating centers (registered with the Courts and Ministry of Justice). Consultants can help you find ones closest to you or even take you to these centers. This can cost up to Dh1,500 per will.

For DIFC Wills and Probate registry, the documents need not be translated and you can go through the entire process of documentation in English.

3. Coverage
A will registered in Dubai Courts can cover assets and your estates across the country. Bank accounts, property, guardianship and all other clauses in the will are applicable in all emirates during execution of the will.

However, registering your will with DIFC Wills and Probate registry will give you coverage only in the emirate of Dubai.

4. Registration
Registering your will at Dubai Courts costs Dh2,165* per will while registering your Dubai-specific will at the DIFC Wills & Probate Registry can cost you upwards of Dh10,000.

5. Power of attorney
Sometimes an expat may take up Power of Attorney (PoA) for their spouse in order to give them legal control over assets during their lifetime. This is not sufficient to ensure that your family is protected upon your death.

Taking a PoA is a great way to compliment your will, because it will enable your next of kin or trusted person to look after your assets during your lifetime. However, this is not a substitute for a will as all PoA agreements turn void once death is confirmed.

A power of attorney draft can cost around Dh1,000 to Dh2,000 while registration costs Dh265.

6. Guardianship will
A separate guardianship will is not mandatory in Dubai Courts and the clause can be inserted in your will. However, if you want to make a separate guardianship will, it will be considered as any other will and charged Dh2,165 as is the case normally.

7. Embassy and consulate
Once your will is notarised and registered in Dubai Courts, you need not submit anything to your embassy or consulate. However, assets in your home-country are subject to local laws and regulations. Get in touch with your embassy for all such cases.

Who will execute the will?
You can nominate your spouse, immediate family, including children or siblings who are above 21 years of age as the executor of the will. This can be a difficult job, so select a person who is trustworthy and capable of handling stress.
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Court Procedure of Inheritance

For non-Muslim expatriates who don't have a will, there is a likelihood that Sharia law or forced rules on inheritors Will apply. The court may also decide on who takes care of the surviving children upon the untimely death of the parent/s. If the expatriate has assets outside the UAE, he could lose a huge proportion of his inheritance to excessive taxes.
If a non-expatriate Muslim in the UAE has assets in the country and abroad, it is advisable to get an international Will or a similar document from their home country.
Muslims can write a Will in which they can give out only one third of their property to non-family members, including charity organisations and the less fortunate.

Q: I am a Muslim woman; two months ago, my spouse died in Dubai. I have two sons as well as my spouse's father and mother. My question here is who is the rightful heir of my husband's legacy and what is the court procedure and duration? Are my spouse's parents entitled to inherit from the husband's fortune? Please advise in this regard.

A: The questioner shall ask the Sharia Court to issue a Decree of Distribution, as the questioner shall provide two Muslim witnesses before the court, who are required to be aware of the deceased person and his family members so as to explain to the Sharia Court who the deceased's relatives are. Therefore, the court will issue a Doctrinal Certificate within two days from the date of application in which it will state the rightful heirs of the deceased. As for the question on the deceased parents' right of legacy, in accordance with the Islamic Sharia, the deceased's parents inherit along with the questioner and her two sons (GN).

Plan how your valuable assets and accounts, both online and physical, will be administered when you're gone.
In order to ensure all your assets, accounts and information are administered according to your wishes, consider the following:

+ Do an inventory of all your assets, including your bank accounts, investments, emergency funds, including digital accounts that you'd like to be sorted out before your death.

+ Consider writing a will to spell out the disbursement of all your valuable possessions. In the absence of a will, the Shariah Law will determine who gets to keep what upon your death. The UAE is home to a number of will writers and lawyers that can assist you. Ensure that the company offering will-related services has the necessary credentials, including a lawyer qualified in family law. Please don't try to write your own will simply to save money.

+ Choose your executor carefully. You may appoint a corporate body (bank/solicitor) or nominate younger people and more than one or two as executors, to ensure they are likely to outlive you and execute your wishes. Where the executors are corporate bodies, they are likely to outlive us. Where executors are family members or friends, it is conceivable that they might die before we do, so it is advisable to nominate younger people and more than one or two as executors.

+ Have your will translated into Arabic, attested in your home country and ratified by the UAE embassy in your home country before submission to the UAE court. Usually, people will not bother to take these actions because they may find different rules apply and translation to other languages if they move country. Often, wills are written but the spouse will obtain translations, among others, following the death.

+ If you have an active life online and maintain important digital accounts such as Ebay or PayPal, which you think your family should have access to when you die, make a list of all the passwords and pass the information to a trusted executor. Create regular back-ups of all data, both those stored local and those online. Create a detailed document with instructions on how to access all of your digital data and backups. Appoint a designated digital executor to provide any necessary technical support.

+ It doesn't necessarily mean you have to leave the passwords of all your social networking and email accounts to an outsider or executor. You might want to keep some of your digital accounts hidden for eternity. More and more people have a digital cyber world to take care of and they may wish to have such things deleted immediately after their death. Web-based photo libraries, Facebook profiles, Twitter accounts and personal documents may be things that the deceased does not want to be found at all. Websites such as Facebook allows accounts to be memorialised or deleted by an immediate family member, while Twitter will remove an account if they receive a death certificate and provide all archived tweets from the user to the executor of the estate.
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Will registration in Abu Dhabi
From August 2018, a special Non-Muslims Wills Office started operations at the Abu Dhabi Judicial Department to register inheritance wills for non-Muslim expatriates in the capital.

In case of sudden death of the testator, the assets will be distributed by the court as per the will. The wills registration office for non-Muslims builds up the confidence among residents of legal protection of their assets in the UAE and it ensures them the liberty of selecting the appropriate method to write and register their will concerning the disposal of their estate after their death.
Any person can bequeath his/her estate to males and females equally and in case of his/her death, the assets will be distributed by the court as stated in the testator's will.
As per the will, beneficiaries can claim assets of the testator anywhere in the UAE, whether they register in Abu Dhabi or Dubai. It will be valid for all the UAE.

Revoking of will: The changing or revoking of will is concerned, the testator can revoke the will at any time, or otherwise replace it by a new one.

Submit application and get approval
The application is submitted online at Abu Dhabi Judicial Department [ADJD] website. The competent employee verifies if the application meets the requirements. A notification by SMS is sent to the applicant with the approval of the application or request of modification. The application fee is paid online through ADJD website.

Processing of application
The applicant can contact the Non-Muslim Wills Registration Office to schedule an appointment for the application processing. Then the applicant has to visit on the fixed date the Non-Muslim Wills Registration Office to submit the original documents. After completing these procedures, finally the will is legalised and will be delivered by the Notary Public of the department.

REQUIRED DOCUMENTS

+ Emirates ID.

+ Passport (original and a copy).

+ The document 'Will' to be legalised, with a sufficient number of copies for all parties concerned and a copy for records.

+ Documentation that provide clear proof of the bequeathed property ownership.

+ An official translation attested by the Ministry of Justice is required where the document is drafted in a language other than Arabic language.

Other details
+ Venue: Abu Dhabi Judicial Department (Main Building)

+ Timing: 8am to 2pm [Sunday to Thursday]

+ Service Fee: Dh950

+ Residents can contact for details at 02 651 3257 or 02 651 3262 or email: wills.non-muslims@adjd.gov.ae
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