Dubai Wills for British Expats and Non-Muslims – Frequently Asked Questions

Being the first UK based law firm able to register Wills in Dubai for non-Muslims, we are uniquely placed to advise the British expat community living and working in Dubai to ensure the right legal steps are taken in relation to their asset distribution and Will drafting, whether located in the UK and/or Dubai.

Here, we have set out some of the frequently asked questions about Dubai Wills for British expats and non-Muslims.

What is the Dubai International Financial Centre (DIFC) Wills and Probate Registry?

The Dubai International Financial Centre (DIFC) established a Wills and Probate Registry (now simply known as the Wills Service) which launched in May 2015. As a result, any non-Muslim with assets in the UAE can now execute and register a Will in English under the jurisdiction of the DIFC and its courts.

 

Won’t my current Will cover my Dubai assets?

In the UAE, the laws of succession that will apply on your death will depend on whether you are Muslim or non-Muslim. If you are Muslim, then Sharia law will apply. A non-Muslim can make a Will, however, it is up to the local UAE courts to decide whether to uphold the Will. Experience shows that immediately upon death, the deceased’s assets will be frozen (bank accounts, property and even cars) as traditionally, the UAE courts will automatically impose Sharia law which may take many years and much expense to graduate through an appeal cycle to achieve an outcome that reflects the existing Will.

With no Will, Sharia law provides that a surviving wife who has children will qualify for one eighth of her deceased husband’s estate, and a surviving husband who has children qualifies for one quarter of his deceased wife’s estate. The remainder of the estate would be distributed among other family members. In addition, the UAE has no ‘right of survivorship’ concept under which jointly owned property can automatically pass to the surviving owner.

 

What are the requirements to make a Dubai Will?

The key requirements are that;

• You are not a Muslim and have never been a Muslim;
• You are over 21 years old; and
• The Will is executed in accordance with DIFC requirements.

If you require a Guardianship provision included in the Will, the children relevant to the Guardianship must be living in Dubai.

 

Do I have to be a resident of Dubai to register a Will?

No, you do not have to be a resident of Dubai in order to register a Will at the DIFC Wills Service.

 

What assets can be covered?

The Will can technically cover assets worldwide, but legal advice should be taken on the suitability of a Will purporting to cover assets located in jurisdictions outside of the UAE.

 

Can Guardianship be covered in a Will?

Yes, the Guardianship of minor children habitually resident in Dubai with the testator may be addressed in a standard Will, or alternatively, in a specific Guardianship Will.

 

Do my Executors and/or Guardians have to be residents of Dubai?

There is no requirement under the Wills and Probate Registry Rules for Executors and/or Guardians appointed in your Will to be residents of Dubai. If however you are nominating guardians who live outside of Dubai, you should also name "Interim Guardians" in your Will, so there are individuals local to you who can step in immediately until the "Permanent Guardians" can take over.

 

Who can be an Executor?

A family member, a friend or a legal representative can be Executors. Being appointed as an Executor comes with its set of specific duties.

 

Are there specific requirements for my Guardians?

Your Guardians cannot be Muslim. You cannot have more than two Guardians. Interim Guardians are those who are present in Dubai with an Emirates ID. They are provided with certain powers but must defer to Permanent Guardians as to travel. Permanent Guardians are those with whom the child(ren) will permanently reside. If you have a daughter, you must appoint either a couple or a woman to act as the Interim or Permanent Guardian

In addition, the Registrar will only register the Wills or the Guardian Appointment if the Guardians consent to the appointment in a Statement. We can help draft the Statement.  

 

Are different types of Wills available?

There are five different types of Wills available:

• Full Will
• Property Will
• Financial Assets Will
• Business Owners Will
• Guardianship Will

We can advise you on the different types of Will and ascertain what is best for you.

 

Who can draft the Will?

You may draft your own Will, however, your Will represents an extremely valuable and important legal document and we highly recommend you use the services of a licensed legal practitioner when drafting your Will. If you are using a legal practitioner, he or she must be registered with the DIFC Wills and Probate Registry. 

 

Do I have to attend the DIFC Wills and Probate Registry?

Once the Will has been drafted, you must make an appointment with the DIFC Wills and Probate Registry for the Will to be registered. The meeting takes place online by video call.

 

Do my appointed Executors and Guardians have to come to the appointment?

The DIFC Wills and Probate Registry does not require the presence of your Executors and Guardians at the appointment, however they do require signed witness statements from your Guardians confirming their acceptance of the appointment under your Will.

 

Can I bring a beneficiary to the appointment?

Your beneficiaries may not attend the appointment. This measure is in place, to reduce the risk of challenges to the Will, at time of probate, on grounds such as undue influence.

 

How many witnesses do I need to bring?

You will need to bring two witnesses (who are not a beneficiary or a Guardian in the Will), to your appointment.

 

What happens after I have signed the Will?

After signing, the Registrar will keep the original Will and a copy will be provided to you for safe keeping.

 

Further information

To find out more about Dubai Wills or our services for British expatriates in Dubai, including estimated costs, please contact Stephanie Mooney or a member of our Private Client team.