Registering a Will in Dubai: Key Steps for Expats

Planning for the future is essential, especially when living abroad. For expats in Dubai, registering a Will is a crucial step to ensure that your assets are distributed according to your wishes. The legal landscape in Dubai can be complex, and understanding the process of registering a Will can save your loved ones from unnecessary complications. This guide breaks down the key steps and important considerations for expats looking to register a Will in Dubai.

Understanding the Importance of Registering a Will in Dubai

Registering a Will in Dubai provides legal clarity and peace of mind. Without a registered Will, the distribution of your estate may be subject to local inheritance laws, which might not align with your personal wishes. This is particularly important for expats, as Dubai’s inheritance laws differ significantly from those in many other countries.

By registering a Will, you ensure that your assets, including property, bank accounts, and investments, are handled according to your instructions. This can prevent lengthy legal disputes and protect your family’s financial future.

Key benefits of registering a Will in Dubai include:

• Legal recognition of your wishes

• Avoidance of default inheritance laws

• Faster and smoother estate settlement

• Protection of non-UAE assets linked to Dubai

  
  

Step-by-Step Guide to Registering a Will in Dubai

Registering a Will in Dubai involves several important steps. Following these carefully will help ensure your will is valid and enforceable.

1. Drafting the Will

Start by drafting your Will with clear instructions on how you want your assets distributed. It is advisable to consult a legal expert familiar with Dubai’s laws to ensure your will complies with local regulations. The Will should be written in Arabic or accompanied by a certified Arabic translation.

2. Choosing the Right Type of Will

Dubai offers different types of Wills depending on your residency status and the location of your assets. For expats, the most common options are:

• Dubai Will: Covers assets located in Dubai and is registered with the Dubai Courts.

• DIFC Will: Applies to assets located within the Dubai International Financial Centre (DIFC).

  
  

3. Submitting the Will for Registration

Once the Will is drafted, you must submit it to the Dubai Courts for registration. This process involves:

• Visiting the Dubai Courts’ Wills and Probate Registry

• Providing identification documents (passport, residency visa)

• Paying the registration fee (usually around AED 2,000)

  
  

4. Receiving the Registered Will

After submission, the Dubai Courts will review your Will. If everything is in order, they will register it and issue a certificate confirming the registration. This certificate is crucial as it serves as proof of your Will’s validity.

5. Keeping the Will Updated

Life changes such as marriage, divorce, or acquiring new assets may require updating your Will. You can amend your registered Will by submitting a new Will for registration, which will override the previous one.

Practical tip: Keep a copy of your registered Will and the registration certificate in a safe place, and inform a trusted person about their location.

What is a DIFC Will?

The Dubai International Financial Centre (DIFC) offers a specialized Will service for non-Muslim expats. A DIFC Will is designed to cover assets located within the DIFC jurisdiction, such as bank accounts, shares, and properties.

Key Features of a DIFC Will

• Applicable only to non-Muslims: This Will respects the personal laws of non-Muslim expats.

• Covers assets within DIFC: It does not cover assets outside the DIFC area.

• Registered with the DIFC Wills Service Centre: Separate from the Dubai Courts.

  
  

Why Choose a DIFC Will?

If you have significant assets within the DIFC, registering a DIFC Will can simplify the inheritance process. It ensures that your assets are distributed according to your wishes without interference from Sharia law, which governs inheritance in the wider UAE.

How to Register a DIFC Will

• Draft the Will with the help of a legal advisor.

• Submit the Will to the DIFC Wills Service Centre.

• Pay the registration fee.

• Receive the registration certificate.

  
  

Note: You can hold both a Dubai Will and a DIFC Will if you have assets in both jurisdictions.

Common Challenges and How to Avoid Them

Registering a Will in Dubai can be straightforward if you are aware of potential pitfalls. Here are some common challenges and tips to avoid them:

Language Barriers

Since official documents must be in Arabic or accompanied by certified translations, ensure your Will is accurately translated to avoid misunderstandings.

Legal Complexity

Dubai’s inheritance laws are influenced by Sharia law, which may conflict with your home country’s laws. Consulting a legal expert who understands both systems is essential.

Asset Location Confusion

Be clear about where your assets are located. Assets inside DIFC require a DIFC Will, while others need a Dubai Will. Mixing these up can cause delays.

Not Updating the Will

Failing to update your Will after major life events can lead to unintended consequences. Review your will regularly.

Lack of Registration

An unregistered Will may not be recognized by Dubai authorities, leading to default inheritance rules applying.

Final Thoughts on Registering a Will in Dubai

Registering a Will in Dubai is a vital step for expats to protect their assets and ensure their wishes are respected. Whether you choose a Dubai Will or a DIFC will depends on your specific circumstances and asset locations. Taking the time to draft, register, and update your Will can save your family from legal complications and provide peace of mind.

For those looking to secure their estate, consulting with legal professionals and using official registration services is highly recommended. Remember, a properly registered Will is the best way to safeguard your legacy in Dubai.

For more detailed information and to start the process, please get in touch with us here!