Making a will in Dubai is a vital step in estate planning to ensure that your assets and properties are distributed according to your wishes after your demise. Understanding the process of making wills Dubai involves steering legal requirements and procedures specific to the jurisdiction. Here’s an inclusive overview of the process:
Legal capacity and eligibility:
To make a will in Dubai, you must be of sound mind and at least 21 years old. Non-Muslim expatriates have the option to make a will under the provisions of UAE law or the laws of their home country, depending on their nationality.
Choice of law:
Expatriates in Dubai have the option to choose the jurisdiction under which their will is governed. They can opt for either:
UAE law: Under UAE law, non-Muslim expatriates can register their wills with the Dubai Courts, specifying the distribution of their assets in accordance with their wishes.
Home country law: Alternatively, expatriates can choose to apply the inheritance laws of their home country to govern the distribution of their assets in Dubai. This option requires drafting a will that complies with the legal requirements of both jurisdictions.
Drafting the will:
The next step involves drafting the will itself. It is advisable to seek legal assistance from a licensed lawyer or notary public in Dubai to ensure the will complies with local regulations and effectively reflects your intentions. The will must clearly identify the assets, specify beneficiaries, and appoint an executor to oversee the distribution of assets.
Execution and notarization:
Once drafted, the will must be signed in the presence of two witnesses who are not beneficiaries or their spouses. Witnesses must be competent, meaning they must be at least 21 years old and of sound mind. After signing, the will should be notarized by a notary public in Dubai to authenticate its validity.
Registration with DIFC wills service center (optional):
For non-Muslim expatriates residing in Dubai, an alternative option is to register their will with the DIFC Wills Service Centre. The DIFC Wills Service Centre offers a common law framework that allows individuals to create and register a will that governs the distribution of their Dubai-based assets. This registration provides certainty and expedites the probate process, ensuring that assets are distributed according to the testator’s wishes without involving Dubai Courts.
