Introduction
The UAE, an inspiration of diversity and a global hub has implemented comprehensive laws governing the administration of non-Muslims' legacies and the execution of their wills.
Federal Decree-Law No. 41/2022 on Civil Personal Status and Dubai Law No. 15/2017 on the Administration of Non-Muslims' Legacy and the Execution of Their Wills in the Emirate of Dubai establish the legal foundation for inheritance and wills among non-Muslim residents.
Federal Decree-Law No. 41/2022 On Civil Personal Status
Distribution of Inheritance
Article 11 sets forth rules for the distribution of inheritance in the absence of a will. Individuals are granted the freedom to bequeath their entire estate based on specified controls. In the absence of a will, the law stipulates the distribution of inheritance among surviving family members, taking into account spouses, children, and parents.
An exception, highlighted in paragraph (2) of this article, allows heirs of a foreigner to seek application of the law applicable to inheritance according to the Civil Transactions Law unless a registered will state otherwise.
Procedures for Registering Wills
Article 13 outlines the registration process for wills. A dedicated register is established for this purpose, and wills must be recorded following specified procedures. Notably, spouses can complete a will registration form at the time of signing their marriage contract, indicating the distribution of the estate in the event of either spouse's death.
Dubai Law No. 15/2017 On the Administration of Non-Muslims' Legacy and the Execution of Their Wills in Dubai
Wills and Probate Registry
Article 6 introduces the creation of a registry named the "Non-Muslims Wills and Probate Registry," emphasizing the importance of registering wills and providing a clear framework for the process. Rules and procedures for registration are determined by the Chairman, ensuring a standardized and regulated approach.
Conditions of Registration in the Registry
According to Article 8, for a will to be registered, it must meet specific conditions outlined in this article. Importantly, the legator must be a non-Muslim, and the will must meet specified conditions. These conditions include the appointment of an executor and ensuring the document is free from alterations or additions, meeting all prescribed fees.
Conditions of Validity of the Will
Article 9 defines the conditions necessary for a will's validity. Ensuring the legitimacy of the bequest, the competence of the legator, and compliance with public order and morals are paramount. Additionally, the article allows interested parties to challenge the will's validity before the Competent Court, encouraging a fair and accountable system.
Will Burdened with Rights
Article 13 addresses the transfer of a bequest along with its rights and obligations to the legatee. It emphasizes that if the legatee refuses to fulfil these obligations, their right to the will is forfeited. This provision ensures that legatees understand and accept the responsibilities associated with the bequest.
Execution of the Will
Article 18 outlines the execution of a will, requiring a written order from the Competent Court for a legal and authoritative process. This provision contributes to the overall integrity and enforceability of the will.
Administration of the Legacy
Article 22 introduces the concept of an administrator responsible for the administration of a legacy. The administrator's functions, powers, and responsibilities are detailed, ensuring a systematic approach to legacy management. The Competent Court may appoint or replace administrators, providing flexibility based on specific circumstances.
Distribution of the Legacy's Funds
The Competent Court holds the authority to render judgments on the distribution of the legacy's funds. This article outlines the various scenarios under which the court may decide on distribution, including settling obligations, distributing a debt-free legacy, or temporarily handing over shares to heirs. This provision ensures a fair and well-regulated process of legacy distribution.
Conclusion
The legal provisions outlined in these key articles contribute to the establishment of a robust and transparent system for the registration and acceptance of non-Muslim wills and legacies in Dubai. The focus on registration procedures, validity conditions, execution processes, and legacy administration ensures that the legal framework aligns with principles of fairness and accountability.
Legal Update:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE family law matters, including family disputes, legal proceedings and the issues that shape family-law decisions. For readers researching family lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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