Question: I own property and assets both in the UAE and in my home country. Is it possible to make a will in my home country that covers my UAE assets as well? Would such a will be legally recognized and enforceable in the UAE? Are there any legal challenges I should be aware of, and how does the process work?
Answer:
For individuals who are non-Muslim, it is indeed possible to create a will in your home country that covers assets in the UAE, though there are specific legal requirements and potential challenges to consider. Several legal frameworks may govern your situation, including the UAE Civil Procedures Code, the UAE Personal Status Law for Non-Muslims, the Dubai Wills Law, and DIFC WPR Rules.
To ensure that a foreign will is recognized and enforceable in the UAE, certain conditions must be met. According to the UAE Civil Procedures Code (Federal Decree Law No. 42 of 2022), a judgment or foreign will may be enforceable in the UAE if it complies with the provisions set forth for execution. The key elements include ensuring that the foreign court has jurisdiction, that the judgment is final and binding, and that it does not conflict with UAE laws or public order.
For wills specifically, Article 222 and Article 224 of the UAE Civil Procedures Code outline the procedures for the recognition and enforcement of foreign judgments and notarized documents. To proceed, the will must be properly notarized and legalized in the country where it was created, including obtaining necessary attestations from the UAE embassy. Additionally, the will needs to be attested by the UAE Ministry of Foreign Affairs and translated into Arabic with an attestation from the Ministry of Justice before it can be submitted to the UAE’s Personal Status Court.
Alternatively, non-Muslims in the UAE can also choose to register a separate will for their UAE assets. This process is governed by specific regulations, such as the UAE Federal Decree Law No. 41 of 2022, Dubai’s Law No. 15 of 2017, and DIFC Wills Service Center guidelines.
In short, while it is possible to have a will made in your home country that covers your UAE assets, you must navigate through legal formalities to ensure its enforceability within the UAE. Consulting legal experts both in the UAE and in your home country is highly recommended to ensure that your assets are handled according to your wishes after your passing.
Applicable Laws:
- Federal Decree Law No. 41 of 2022 on Civil Personal Status
- Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai
- DIFC Wills and Probate Registry Rules
News Source: Khaleej Times
