Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
In the UAE, non-Muslims have the legal right to create and execute wills under a framework that respects their Civil Personal Status laws.This guide provides an overview of the procedures and legal requirements established by Federal Decree-Law No. 41/2022, Dubai Law No. 15/2017, and DIFC Practice Note No. 3/2018, ensuring clarity and structure in inheritance matters.
Federal Decree-Law No. 41/2022 on Civil Personal Status
Article 1 of the Federal Decree-Law No. 41/2022 on Civil Personal Status applies to non-Muslim UAE citizens and foreign residents, covering marriage, divorce, inheritance, wills, and proof of parentage. Non-Muslims may opt to apply their home country’s laws. According to Article 11, those with a will can designate beneficiaries for their entire estate, while intestate estates are divided: half to the spouse, and the remainder equally among children or parents and siblings if no children exist.
Inheritance procedures are detailed in Article 12, where the UAE Cabinet issues guidelines for clarity. Article 13 mandates will registration per Executive Regulations, offering spouses the option to register wills during marriage, streamlining the process.
Cabinet Decision No. 122/2023 On the Implementing Regulation of Federal Decree-Law No. 41/2022 on the Civil Personal Status Law
Article 25 explains that a will takes precedence over an estate, pending the fulfilment of specified conditions: funeral expenses, administrative costs, executor and administrator wages, and estate debts. Article 26 requires wills to be in writing, orally, or through understandable signs, addressing specific or unspecified recipients, including unborn children or charitable entities. Article 27 mandates will registration under specific conditions, including executor appointment and clear bequest instructions, signed in the presence of two witnesses without alterations, and payment of fees.
Article 28 outlines conditions for a valid will, including legal capacity, age over 21, absence of incapacity, bankruptcy, or insolvency, and legitimacy of the bequest. Interested parties may contest or interpret wills before the court.
Dubai Law No. 15/2017 On the Administration of Non-Muslims’ Legacy and the Execution of Their Wills in the Emirate of Dubai
According to Article 3, Dubai Law No. 15/2017 governs non-Muslim wills in Dubai and DIFC, establishing a Wills and Probate Registry (Article 6). Article 7 permits written, oral, or sign-based wills, directed at specific or general recipients, including unborn children or charities.
Registration and validity conditions (Articles 8 and 9) specify non-Muslim legator requirements, including executor appointment, signing with witnesses, age over 21, competence, lawful bequest, and adherence to public order.
Article 10 allows will termination under certain conditions, while Article 11 prioritizes the earliest registered will; conflicting wills are resolved by the court. Article 12 grants legatees 60 days to accept or reject a will. Article 14 sets executor criteria, barring those with criminal convictions, appointment by the court if needed, and Article 18 mandates court orders for will execution.
Conclusion:
Non-Muslims in Dubai benefit from a robust legal framework for creating and executing wills, ensuring their estates adhere to their intentions. By adhering to Federal Decree-Law No. 41/2022 and Dubai Law No. 15/2017, non-Muslim residents can secure legally binding wills that respect their diverse cultural and legal backgrounds in the UAE.