Wills and Inheritance
Legal services for Wills and Inheritances: Team of Specialized Lawyers in Inheritance and Wills for Foreigners and Muslims in Dubai and Abu Dhabi
It is a legally documented paper that drafts how your assets, money, real estate, and chattels will be assigned after your death. It guarantees your assets will be distributed to amongst your legal heirs in an organized manner.
Having a legally documented Will in the UAE is essential to protect your family’s rights owing to the cultural variation and growing number of expats. Documenting a Will secures appropriate distribution as per your wishes, as without a Will, your assets will be distributed according to Sharia law, which may not be compliant with your personal wishes.
ADJD Wills Abu Dhabi Judicial Department
If you are not a UAE national, regardless of your religion, you can register a Will with the Abu Dhabi Judicial Department (ADJD). The Abu Dhabi Judicial Department allows foreigners, whether Muslim or non-Muslim, to record their Wills, with the capability to determine that the laws of their home country are involved instead of Sharia law.
ADJD Wills can protect assets in all emirates of the UAE. Registering Wills for foreigners need an express wish to have the laws of their own country involved. The Abu Dhabi Judicial Department also provides a digital registration system that includes video calls to ease the notarization process and streamline procedures.
ADGM Wills Abu Dhabi Global Market
ADGM presents a comparable Wills service for non-Muslims, delivering a legal forum for non-Muslim residents of Abu Dhabi and the UAE in general. It unites with the Abu Dhabi Judicial Department (ADJD) to record and register Wills under the civil law system.
ADGM concentrates on protecting assets within Abu Dhabi but expands its assistance to non-Muslim residents in all emirates. It also provides a remote registration system via video calls to simplify the process for residents.
DIFC Wills Dubai International Financial Center
The DIFC Wills Center allows non-Muslim residents of any emirate within the UAE to use the DIFC system, which performs according to common law principles, to register their Wills within a legal framework that allows them to apply the laws of their country. DIFC Wills can cover all assets within the UAE, except for provisions related to child custody, where children must be residents of Dubai or Ras Al Khaimah only.
1- Drafting and Registration of Wills
We provide full support in forming and registering Wills that draft your wishes for asset distribution and guardian appointments for minor children. We guarantee all Wills follow DIFC Will registration rules and seek to reduce potential conflicts. We guide you through each stage, from initial drafting to final registration, for a smooth and legally compliant process.
2- Full probate: Asset Distribution and Guardian Appointment through Full Will in DIFC
This covers movable and unmovable assets across the UAE and beyond, including child custody provisions. We help draft Full Wills that specifically determine asset distribution and protect appointments while following DIFC Wills & probate registry legal provisions and aligning with local and international laws.
3- Custody Will in DIFC to Protect Minor Children’s Rights
personalized for appointing guardians for minor children in Dubai or Ras Al Khaimah. We offer advice in selecting suitable guardians, ensuring they Will meet DIFC requirements to protect children’s rights and proper care.
4- Probate of Real Estate: Legal Support for Registering Real Estate Wills in DIFC
We offer legal assistance in outlining estate Wills to ensure real estate assets are allocated according to local laws and properly registered within the DIFC framework to protect your property rights.
5- Business Owners Wills: DIFC Wills for Smooth Business Interest Transition
We offer specialized legal advice on distributing business stakes to protect your and your partners’ rights, promoting a smooth transfer of interests as per your wishes.
6- DIFC Financial Assets Will for Bank and Investment Account Distribution
We assist in drafting financial asset Wills that clearly outline how these assets should be allocated according to your instructions. Our legal advice ensures these assets are protected and effectively transferred to assigned inheritors.
‘’The DIFC Wills registry process is completely electronic, allowing remote registration via video calls, making it easier for overseas residents. By selecting DIFC Wills service, you’re taking an essential step to protect your assets, secure your children’s future, and ensure your wishes are honored within a common law-based legal system.’’
The Significance of Law No. 15 of 2017
Dubai’s Law No. 15 of 2017 permits expatriates to record Wills in English, protecting their assets and guaranteeing appropriate distribution after they pass away. This law controls how expats’ assets are distributed according to their desires, protecting inheritors’ rights. With a growing number of expat residents, this legislation is essential for Will registration in Dubai and estate planning for non-UAE nationals.
If the Will relates to property located in Dubai.
If the estate includes real or movable property.
If the applicable foreign law conflicts with the public order in Dubai.
If the testator chooses Dubai law to be the governing law of his Will.
The testator must be a foreigner: The testator must be a non-Muslim ensuring Will registration.
Fulfillment of the conditions of testamentary validity: This includes the full legal capacity of the testator and being at least 21 years old.
Include the appointment of an executor: The Will must include clear instructions on how to dispose of the property and appoint an executor.
The Will must be signed by the testator in the presence of two witnesses: To ensure the legality of the Will, it must be signed in the presence of two witnesses.
The Will must be free from erasure, crossing out, or addition: The Will must be clearly written and free of any unauthorized amendments.
Pay all required fees: The required fees must be paid by the legislation in force in the Emirate.
Sharia Wills are an important way to ensure that an inheritance is distributed in compliance with Islamic rules. This includes the payment of debts, the Will implementation, and the inheritance distribution among the rightful inheritors. Muslims are allowed to assign one-third of their inheritance to people who do not legally inherit from them, while the other two-thirds must be distributed among the inheritors specified in the Quran.
Would you like to prepare a Sharia-compliant Will? Draft your Islamic Will through a lawyer who specializes in Sharia law in uae inheritance.
Inheritance distribution according to Islamic law:
The husband gets a quarter of the estate.
Parents get one-sixth.
The remainder is distributed among the children, with the male getting twice as much as the female.
Amending and revoking a Will: A Will can be amended or repealed by preparing a new Will and registering it in front of a notary public or at the DIFC. The old Will becomes nonbinding once the new Will is legally registered.
HK Advocates provides integrated legal services that are marked by professionalism and precision. We believe in the essence of communicating directly with our clients, hearing their needs, and providing legal explanations that meet their aspirations. Whether you need to prepare a personal Will, register a legal Will, or consult on estate administration, our team of legal professionals is ready to reinforce you every step of the way. Selecting us means that you are picking a partner who puts your privileges and claims first and guarantees your comfort and reassurance by providing specialized legal services of the most elevated quality.
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