Introduction:
A Will is a vital legal document detailing how one's estate and property are to be distributed in the event of the person's death. The formulation and registration of a Will, especially for Muslims, are governed by the Personal Status Law, Federal Law No. 28 of 2005 in the UAE. These legal provisions ensure the honouring of the testator's wishes while granting legal certainty and protection to their beneficiaries. The article below outlines the main features of a valid Will in UAE law for Muslims, discussing mainly mandatory content, venues, and the effects of UAE Personal Status Law.
Object of a Will: The UAE considers a Will, or wasiyyah, to be a legal document through which a person/testator expresses his/her wishes concerning how his estate shall be distributed after death. A valid Will ensures that one's estate is distributed according to his preferences and that the inheritance process is managed in an orderly manner.
Legal Requirements for a Valid Will
- Age and Mental Competence: The testator needs to be of sound mind and above 21 years of age. In all strictness, therefore, persons of unsound mind or minors are not legally capable of creating a valid Will.
- In Writing: The Will needs to be in writing because oral Wills are not recognized under UAE Law.
Signature: The testator is supposed to sign the Will. In cases of inability, he/she may authorize another person to do so on their behalf, but in writing and witnessed.
- Witnesses: The Will has to be witnessed by at least two adult witnesses who are not beneficiaries under the Will.
Testamentary Freedom and Restrictions:
In accordance with sharia principles, a will cannot include any wishes or instructions that are prohibited. Sharia principles determine legal heirs, such as family members, who are entitled to the testator's estate in the event that there is an existing will or no existing will. Fixed shares are mandated by Sharia principles for heirs. Although Muslims are permitted to create a will, they are typically restricted from disposing of more than one-third of their assets in a manner that differs from these fixed shares. According to the personal status law, the testamentary freedom is restricted and a testator is prohibited from bequeathing more than one-third of his assets in the will, and there are specific requirements regarding the beneficiaries to whom he may bequeath. It is impossible for a non-Muslim to inherit from a Muslim. The inheritance of one-third of the asset will be determined after the funeral expenses and any outstanding debts of the deceased have been paid.
Additionally, Article 321 establishes the forced inheritance, which entails that specific heirs are guaranteed a fixed percentage of the assets, unless they are entirely non-existent. Forced inheritance shares include the following: parents, paternal grandfather or ascendants, grandmother who is not related to the decedent by an heir, daughters, son's daughters or descendants, sisters in the absolute, and cognate brother. Even if this does not leave any remaining for the other classes of heirs, they receive their shares first. Their shares are fixed at one-half, one-fourth, one-eighth, two-thirds, one-third, one-sixth, and one-third of the remainder, and they are distributed in accordance with Articles 322 to 328, subject to a specific condition.
Requirements for a Valid Will
- Identity of the Testator: The Will should mention the testator's full name, nationality, and other 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 specific conditions or instructions regarding how the assets are to be distributed should be mentioned.
Types of Wills in the UAE
Muslim Will: The Personal Status Law determines that this type of Will must follow the principles of Islamic inheritance; thus, it needs to assign the shares of the estate in specific shares or percentages.
Non-Muslim Will: Non-Muslim residents can choose a Will that is in accordance with their personal or religious preference in accordance with Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021. However, such a will should be drafted according to local laws.
Revocation and Amendment: A Will may be revoked or amended at any time by the testator. The change must be documented in a proper manner; the revised Will must conform to all the legal requirements just as the original document had to.
Contests of a Will: A Will is generally contested for reasons such as lack of capacity, improper execution, and/or failure to comply with the relevant legal requirements. In this regard, any person making or updating his or her Will is encouraged to consult a lawyer to mitigate potential contests.
Registration Locations
Dubai International Financial Centre (DIFC): DIFC Wills and Probate Registry: For non-Muslim expatriates, the DIFC Wills and Probate Registry serves as a platform that adheres to the rules and regulations of the DIFC. It facilitates the distribution of estates in accordance with Dubai Law No. 15/2017, which governs the administration of non-Muslims' legacy and the execution of their wills in the Emirate of Dubai.
Abu Dhabi Judicial Department (ADJD) and Abu Dhabi Civil Family Court:Non-Muslim expatriates have been offered the opportunity to execute their wills, distribute their estates, and manage their estates in accordance with Abu Dhabi civil marriage law .
Dubai Courts Wills Service: The service simplifies the process of registration in Dubai by adhering to the Personal Status Law along with other requirements.
Conclusion:
The Personal Status Law imposes limitations and restrictions on the testamentary freedom that must be adhered to in order to create a legally binding Muslim will in the UAE. The estate can be managed effectively by following the required legal formalities and understanding how the registration is conducted, which will ensure their intentions are taken care of.
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