Under Federal Decree‑Law No. 41 of 2022 on Civil Personal Status Non-Muslims are advised to obtain registration to avoid complications. Emirates is home to foreign residents who are working, thriving, and succeeding. Will registration for non-Muslims ensures direct transfer of assets to beneficiaries (even non-heirs)
Nonetheless, will and estate drafting assist individuals in planning out the distribution of assets, wealth, and property. Will is valid and legal if it is registered. Succession planning is available for non-Muslim expatriates.
There are various laws that help in drafting registered wills and estates. The UAE has recently introduced a new way to cater to the needs of non-Muslim expatriates living in the UAE.
Why is will registration essential for non-Muslims?
The UAE has made best efforts to inculcate expatriates and non-Muslim individuals into the process. They are permitted to register wills according to their home country’s regulations.
This protects the individuals and allows them a future. Moreover, it also assists them in securing their families, wealth, and assets as per their aspirations. It provides better clarity in the future. This makes their future plans less complicated, and Lawyers in the UAE offer expert services for will registration.
Furthermore, the non-Muslim expats in the Emirates will safeguard their legacy and also protect their family members in their absence. Their wishes are also honored and respected.
Regulations for Registration of Wills and Estates in the UAE:
The non-Muslim expats are primarily administered via Federal Decree-Law No. 41 of 2022 related to Civil Personal Status. Alongside, there are local legislation and Court procedures that support them.
The recent amendments have offered greater flexibility and facilitated non-Muslim expatriates in the UAE. They can choose to drop Sharia principles for inheritance. They can opt for their home country’s laws. They need to specifically opt for the laws that protect their succession as per their nationality.
Will Types for Non-Muslim Expats:
The registration of wills covers various aspects of individual life, such as bank accounts, assets, investments, and personal property located inside the UAE. However, there are some wills that are restricted in nature.
There are some wills that are available for specific emirate while the rest cover various emirates. The scope of will differs. Comprehensive coverage is only possible via better planning.
Is Will Registration useful for non-Muslim Expatriates?
They offer them flexibility and certainty, which is a preventive measure. The statutory inheritance regulation could vary from personal wishes. Therefore, safeguard your assets, property, and wealth by planning succession. It offers a greater level of clarity and certainty to the descendants. It also offers legal cover to the surviving family members.
Options Available for Will Registration:
UAE offers several jurisdictions to choose from, depending on your asset location and preferred legal framework:
Abu Dhabi Judicial Department (ADJD)
ADJD Offering a cost-effective, bilingual (Arabic/English) registry. Wills registered here are enforceable across all seven Emirates.
DIFC Wills Service Centre
Based on English Common Law, this is ideal for those who prefer an English-language framework. It covers assets in Dubai and Ras Al khaimah, and can be extended to other Emirates.
ADGM (Abu Dhabi Global Market) Courts
Similar to DIFC, it uses a Common Law framework for non-Muslims.
Dubai Courts
You can register a Will through the local “onshore” courts, but it requires an Arabic translation.
The current legal mechanism allows non-Muslim expatriates to distribute their wills and estate according to their plans and aspirations. This reduces the risk of disputes among the family members. It also provides a greater level of stability.
Alongside, it provides financial and emotional security to surviving family members. This is imperative for compliance and drafting, enforcing wills.
Guardianship Decision-Making:
The non-Muslim expatriates in the UAE have the liberty to decide about their children. The option of Guardianship clauses and provisions is available for them under the law.
The registration will permit parents to appoint guardians as per their desires. They can choose permanent or temporary guardians in the UAE.
Temporary guardianship provision assists in addressing the immediate requirements of a child. Contrarily, the clauses can be included that address continuity of care in the long run.
Coverage of Assets in a Will:
A non-Muslim expatriate in the UAE can choose to cover movable and immovable assets in a will. It may include assets such as property, bank accounts, vehicles, shares, stocks, and valuable items within the UAE. There is a need for a different will for foreign assets that may adhere to different jurisdictions.
Changes to Will:
Wills are not a permanent piece of paper. It can easily be changed over time. The changes to family structure, assets, wealth, residency, and scenarios can alter the wills.
The updates can be made at any point in time. Amendments are permitted. There is a possibility of revocation. However, every change, amendment, or revocation must be in line with the legal procedures.
Wills Process and Registration Authorities in the UAE:
There are concerned authorities that handle the wills and estates in the UAE. The designated courts and registries are present across the UAE that facilitate non-Muslim expatriates.
The process of registration begins with verification of identity and meeting the eligibility criteria. Following this, legal parameters are considered.
The authorities will ensure compliance with laws and procedural specifications. The process of registration formalized the legal documentation. This supports the enforcement of drafted wills.
Formal Specifications:
There are formal ways to register the will. Along with that, the witness procedure is also crucial.
In some cases, bilingual versions may be needed. This is essential for the validity and legality of a will in the UAE.
The change of marital status can alter the will’s validity. The provision can change based on selected laws and regulations. The UAE Courts will assess the intention and also determine the timing.
A foreign will cannot be applied automatically in the Emirates. Will registration is not restricted to the rich and elites.
Will Registration and Lawyers in the UAE:
Professionals and attorneys in the UAE can help with preparing wills and estate. They are competent and well versed individual with the current laws and concerned authorities in the UAE.
These assist non-Muslim expatriates in better planning their estate to reduce legal complications. Anyone can opt for will registration to benefit from flexibility, financial security, and stability for offspring.
Benefits of Drafting a Will:
It also reduces the inherent risk and offers peace of mind. It offers better control to the non-Muslim expatriate over their wealth. It secures family interests and exercises greater control offer assets distribution.
Will registration is a proactive approach that offers flexibility and certainty. It reduces the financial and emotional burden on loved ones.
Additionally, it is a lawful solution to protect the surviving family members. It also prevents exploitation at the hands of people. It reduces the fear of the unknown for feeble members of the family.
