Will Registration in UAE
Will Registration in UAE
A Will is a legal document to protect the estates and hand it over to the loved ones in case of sudden demise of the signatory of the Will, it enables to distribute assets, shares, or any valuables according to one’s own wishes provide the legal protection to rightfully distribute the estates, and take care of any minor children at the event of any unforeseen circumstances.
Importance of having a Will Registrations in UAE
In case of an expat living in the UAE, below are some regulations that will be applicable to assets and estates based in the UAE:
- In the absence of a Will, the guardianship of children below 21 years of age may be determined by the courts as per the UAE Law. A duly registered Will can ensure the appointment of the wife as the guardian of the minor children.
- For security and safety of the financial assets, bank accounts, other valuables, having a Will is helpful.
- The bank accounts, single as well as joint account will be frozen upon the death of an individual. Hence, for the spouse to have control over the bank account the Will comes handy.
- The dependent’s visas are cancelled and will be given a one-month grace period to stay in the country for the proceedings and then leave to the home country. A Will helps in claiming the rights during such instances.
- UAE follows Shariah Law for distribution of assets. Non-Muslims, however, are given the option to choose to opt out of the application of the Shariah Law for the distribution of their assets in the UAE. If the signatory does not have a Will, Shariah Law is applied by default to the distribution of all the assets in the UAE.
Criteria for Will Registration in UAE
- Not a Muslim, and have never been a Muslim
- Over 21 years of age
- Own assets in the U.A.E.
- Appoint guardian for minor child who is habitually resident of the U.A.E.
(For DIFC Will, minor children must be habitually resident of Dubai or Ras Al Khaimah)
Will Registration Options in UAE
- Abu Dhabi Court: The Abu Dhabi Judicial Department allows for the registration of Will by non- Muslims for their UAE Assets. This Wills are written in English and Arabic covering their UAE assets.
- Dubai Court (Notary Public): Wills by non-Muslims can be registered with a notary public in Dubai. These Wills are written in English and covering their UAE assets.
- DIFC Will: The DIFC Law allows non-Muslims to register their Will with the DIFC Wills and Service Registry. Wills registered in DIFC Court now can cover resident and investors assets across the UAE, as well as internationally.
Various Types of Will that can be registered in DIFC
- Full Will – it covers the distribution of one’s assets in UAE and the appointment of guardians of their minor children who are habitually resident of Dubai or Ras Al Khaimah
- Guardianship Will – it covers the appointment of guardians of the registrant’s minor children only, who are habitually resident of Dubai or Ras Al Khaimah
- Property Will – covers up to five real estate properties only
- Business Owners Will – can encompass up to five (5) separate shareholdings in any free zone or UAE onshore company situated in the UAE (including RAKICC registered companies)
- Financial Assets Will – can encompass up to ten (10) separate accounts or a share in up to ten (10) separate accounts that are registered in your sole name or joint name and are legally held with a bank or brokerage firm whereby the branch at which such accounts are registered is situated in the UAE
- Digital Assets Will – The DIFC Courts Wills Service provides an online facility that enables eligible persons to complete and submit for registration a DIFC Courts Will which is specific to their digital assets
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