Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
In recent years, Dubai has established robust legal frameworks to accommodate the diverse population of non-Muslim residents in matters of inheritance and estate planning. Key legislative instruments, such as Federal Decree-Law No. 41/2022 on Civil Personal Status and Dubai Law No. 15/2017 on the Administration of Non-Muslims’ Legacy, outline the procedures and regulations governing the registration and acceptance of wills for non-Muslims within the emirate.
Federal Decree-Law No. 41/2022 on Civil Personal Status
Under Federal Decree-Law No. 41/2022, Article 11 grants individuals the freedom to designate beneficiaries for their estate within the UAE, subject to the controls specified in the Executive Regulations. In cases where no will exists, Article 11(2) mandates that inheritance be divided, with half going to the surviving spouse and the remainder equally among the children. Exceptions allow heirs of foreigners to apply their home country’s inheritance laws unless specified otherwise in a registered will (Article 11(3)). Article 13 details the procedures for registering wills, emphasizing the importance of recording them in a dedicated register as per Executive Regulations. Spouses can even outline their estate distribution at the time of marriage by completing a will registration form (Article 13(2)).
Dubai Law No. 15/2017 on the Administration of Non-Muslims’ Legacy
Dubai Law No. 15/2017 extends these provisions to non-Muslims residing in Dubai, including those within the Dubai International Financial Centre (DIFC). This law ensures that all non-Muslim wills and legacies are administered and executed in accordance with its principles. Article 4 of this law addresses specific circumstances such as the treatment of real estate within Dubai and the validation of bequests made by non-Muslims.
Wills and Probate Registry
Under Dubai Law No. 15/2017 is the establishment of the Non-Muslims Wills and Probate Registry, operational within both the Dubai Courts and the DIFC Courts (Article 6). This registry is essential for ensuring the validity and enforceability of registered wills. To be eligible for registration, a testator must meet strict criteria including being non-Muslim, adhering to format requirements, appointing an executor, and having the will signed by two witnesses.
Conditions for Registration in the Registry
Article 8 outlines stringent conditions for registering wills in the designated registry, aimed at safeguarding the integrity of the testamentary process. These conditions include ensuring the competence of the testator, the absence of undue influence, and compliance with public order and morals. Additionally, the appointment of an executor is mandatory to oversee asset distribution according to the testator’s wishes.
Acceptance and Rejection of the Will
According to Article 12 of Dubai Law No. 15/2017, beneficiaries have a specific timeframe and conditions under which they may accept or contest a registered will. Provisions are made to protect minors, incapacitated individuals, and named entities, ensuring a fair and equitable process of estate distribution.
Execution of the Will
Upon registration, the execution of a will requires a written court order from the Competent Court, particularly when registered in the designated registry as per Article 18. Which ensures that the distribution of assets and execution of the testator’s wishes proceed under judicial oversight, protecting the interests of all parties involved.
Administration of the Legacy
Administrators appointed by the Competent Court and managing a testator’s estate subsequently. Their responsibilities include overseeing asset distribution, settling obligations, and ensuring adherence to the terms specified in the will.
Distribution of the Legacy’s Funds
The Competent Court has the authority to make judgments regarding the distribution of legacy funds, which may involve settling debts, distributing assets to beneficiaries, or temporarily holding shares until final decisions are made. This structured approach ensures a lawful and orderly process of legacy distribution.
Conclusion
Navigating estate planning and execution in Dubai as a non-Muslim resident demands a thorough understanding of the legal frameworks established under Federal Decree-Law No. 41/2022 and Dubai Law No. 15/2017. By adhering to these regulations and seeking guidance from qualified legal advisors, non-Muslim individuals can ensure that their testamentary wishes are respected and upheld within the emirate.