The will registered in the city would only be valid outside the country if it complies with the provisions of the UAE Personal Status Law.
Question: As a non-Muslim expatriate residing in Dubai, I possess assets in the country and intend to create a will. What steps should I take to accomplish this? Furthermore, how can I ensure its validity in my home country?
Response: In response to your inquiries, as a non-Muslim resident of Dubai, you have several avenues available for creating and registering a will for your assets in the UAE.
In this context, we can refer to the provisions outlined in the following laws: (i) Federal Decree Law No. 41 of 2022 on Civil Personal Status, (ii) Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai, and (iii) the DIFC Wills and Probate Registry Rules.
In the UAE, non-Muslim individuals have the option to apply the provisions of the UAE Personal Status Law for non-Muslims to handle their personal matters. This is stipulated in Article 1(1) of the UAE Personal Status Law for Non-Muslims, which states:
“The provisions of this Decree Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regards to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. 5 of 1985 referred to above.”
According to the provisions outlined in the UAE Personal Status Law for Non-Muslims, individuals of non-Muslim faith have the liberty to register a will based on their preference. This is articulated in Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states:
“A legator may leave a Will with all his assets in the State to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law."
Furthermore, the registration process for wills of non-Muslim individuals in Dubai must adhere to the regulations detailed in Dubai Law No. 15 of 2017, referencing the stipulations of Article 3 and Article 6(a).
Article 3 of Dubai Law No. 15 of 2017 specifies:
“This Law will apply to all Wills and Estates of non-Muslims in the Emirate, including in the Dubai International Financial Centre.”
Meanwhile, Article 6(a) of Dubai Law No. 15 of 2017 states:
“A register known as the 'Register of Wills of non-Muslims' will be created at the Dubai Courts and the DIFC Courts for the purpose of registering Wills of non-Muslims.”
According to Dubai Law No. 15 of 2017, a non-Muslim resident in Dubai has the option to register their will at either the Dubai Courts or the DIFC Courts Wills Service Centre within the Dubai International Financial Centre (DIFC).
A will intended for registration at either the Dubai Courts or the DIFC must comprehensively outline details concerning the executor(s) and/or beneficiaries of the testator’s properties and assets. This includes, but is not limited to, all movable and immovable properties, tangible and intangible assets, such as real estate properties, shares in businesses and legal entities, bank accounts and their associated funds, credentials or passwords for bank accounts, jewelry, and other relevant matters, whether located within or outside the UAE.
Regarding the registration of wills at the DIFC Wills Service Centre, Article 9(1) of the DIFC Wills and Probate Registry (WPR) Rules delineates specific requirements for the registration of non-Muslim wills. These provisions stipulate that:
"1 These Rules shall apply only to wills:
a. of non-Muslim individuals over the Age of Majority;
b. 1) that are in a form as set out in Schedule 1, in the English language, in writing;
2) witnessed by at least two witnesses of the age of majority, such persons being either physically or virtually present in front of the Registrar or an Authorised Officer at the time of witnessing;
c. signed (in person) by the Testator;
d. that appoint Executors over the Age of Majority;
e. that appoint a Guardian, if at all, for a Minor who is habitually a resident with the Testator, in Dubai or Ras Al Khaimah;
f. that are deposited and (at the time of death remain) registered with the Registry; and
g. that state that the Testator intends Administration and succession to the Property dealt with by the Will to be governed by these Rules and the laws of the DIFC.”
At the DIFC Wills Service Centre, a testator may include all his estate within and outside the UAE. This is in accordance with Article 11 of the DIFC WPR Rules, which states:
“A Will may give or dispose of Immovable and Movable Property, located in any part of the world, to which the Testator is entitled at the time of his death, whether the Testator became entitled to it before or after the registration of his Will, and shall not govern succession to any other Property.”
A non-Muslim expatriate residing in the UAE also has the option to register their will at the consulate or embassy of their own country, provided such a service is available.
Given the aforementioned legal provisions, you have the opportunity to draft and register your will for your Estate in the UAE before the Notary Public at the Dubai Courts or the DIFC Wills Service Centre. Additionally, if available, you may register your will at the embassy or consulate of your home country.
Typically, a will registered in Dubai through the mentioned procedures would be considered valid and enforceable outside the UAE. However, it's important to note that the validity and enforceability of such wills may also be subject to the laws of the other countries involved.
It's advisable to seek independent legal advice from a legal counsel in your home country to ensure you understand the applicability of a will registered in the UAE for your estate here, as well as in your home country. This will also help clarify any additional procedures that may be necessary to ensure the validity of your will registered in the UAE in your home country.
News Source: Khaleej Times
