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The UAE Personal Status Law and the Fundamental Elements of a Valid Will

Introduction:

A Will is a crucial legal document specifying how an individual’s assets and property should be distributed upon their death. In the UAE, the creation and registration of a Will, particularly for Muslims, are governed by the Personal Status Law, Federal Law No. 28 of 2005. These legal provisions ensure that the testator's wishes are honoured while providing legal certainty and protection for their beneficiaries.

This article provides a comprehensive overview of the essential elements required for a valid Muslim Will in the UAE, focusing on mandatory requirements, registration venues, and the impact of the UAE Personal Status Law.

The Object of a Will:

In the UAE, a Will, or "Wasiyyah," is a legal document through which an individual (the testator) expresses their wishes regarding the distribution of their estate upon their death. A valid Will ensures that one’s estate is distributed according to their preferences and that the inheritance process is managed smoothly.

Legal Requirements for a Valid Will

  • Age and Mental Competence: The testator must be of sound mind and at least 21 years old. Individuals who are mentally incapacitated or minors are not legally capable of making a valid Will.

  • Written Document: The Will must be in writing, as oral Wills are not recognized under UAE law.

  • Signature: The testator must sign the Will. If unable to sign, they may authorize another person to sign on their behalf, which must be explicitly stated and witnessed.

  • Witnesses: The Will must be witnessed by at least two adult witnesses who are not beneficiaries under the Will.

    • Testamentary Freedom and Limitations:

    The Personal Status Law imposes limitations on testamentary freedom, such as the restriction on bequeathing more than one-third of the estate to non-heirs without the consent of all legal heirs. Additionally, Wills must comply with Sharia principles, which dictate specific shares for heirs.

    Mandatory Requirements for a Valid Will

  • Testator’s Identification: The Will must include the testator’s full name, nationality, and other relevant personal details.

  • Asset Description: It should specify all assets, including real estate, bank accounts, investments, and personal belongings.

  • Executors: The Will must appoint one or more executors responsible for managing the estate and distributing assets.

  • Beneficiaries: Beneficiaries should be clearly named and identified, including family members, friends, charities, or institutions.

  • Guardianship: If the testator has minor children, the Will should name guardians for their care.

  • Specific Instructions: Any particular conditions or instructions on how assets should be distributed must be outlined.

    • Types of Wills in the UAE

    Muslim Will: Governed by Personal Status Law, this type of Will must comply with Islamic inheritance rules, which allocate shares of the estate according to fixed proportions.

    Non-Muslim Will: Non-Muslim residents can opt for a Will that aligns with their personal or religious preferences under Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021. This type of Will must comply with local legal requirements.

    Revocation and Amendment: A Will can be revoked or amended at any time by the testator. Any changes must be properly documented, and the revised Will must meet the same legal requirements as the original.

    Challenges to a Will: Challenges to a Will can arise due to issues such as lack of capacity, improper execution, or non-compliance with legal requirements. To minimize the risk of disputes, it is advisable to seek legal counsel when drafting or revising a Will.

    Registration Locations

    Dubai International Financial Centre (DIFC): DIFC Wills and Probate Registry: Available for non-Muslim expatriates, this platform operates under DIFC laws and allows for the distribution of assets in line with common law principles.

    Abu Dhabi Judicial Department (ADJD): ADJD Wills Registry: This service caters to non-Muslim expatriates and ensures the estate is managed according to civil law principles, covering assets throughout the UAE.

    Dubai Courts Wills Service: This service simplifies the registration process in Dubai, ensuring compliance with the Personal Status Law and other regulations.

    Conclusion:

    A valid Muslim Will in the UAE ensures that an individual’s assets are distributed according to their wishes and provides clarity and security for their beneficiaries. By adhering to the legal requirements and understanding the registration process, individuals can effectively manage their estate and ensure that their intentions are respected.

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