Introduction
Where to register a will in the UAE is a crucial that most expats go through after deciding registering a will versus potentially executing a will made abroad.
For expatriates living in the UAE, registering a will is crucial due to several key reasons:
- Avoiding Sharia Law Application: In the absence of a will, the UAE courts apply Sharia law to the distribution of an estate. This can result in asset distribution that may not align with the expatriate’s wishes, especially for non-Muslims whose cultural and familial norms differ from Sharia principles. This reason is now minimizes since the entry into force of UAE Federal Law No. 41/2022 which came into force in February 2023 and sets different asset distribution rules for non-Muslims living in the UAE. For additional information on this law, regularly known as the UAE Personal Status Law you may visit our publication here https://www.rubertpartners.com/personal-status-law/
- Guardianship of Minor Children: For expatriates with minor children, a will can specify guardianship arrangements. Without a will, the guardianship of children may be decided by the courts, potentially resulting in decisions that do not reflect the parents’ preferences.
- Ensuring Beneficiary Clarity: A will provides clear instructions on how assets should be distributed among beneficiaries, preventing potential disputes among family members and ensuring that the testator’s wishes are honored.
- Financial Protection and Security: Having a registered will ensures that bank accounts and other financial assets are not frozen for extended periods following death. This is particularly important for joint accounts, which can otherwise be inaccessible until the completion of probate proceedings.
- Expediting Legal Processes: A will can significantly speed up the legal processes associated with inheritance. Without a will, the probate process can be lengthy and complicated, causing delays and additional stress for surviving family members.
- Comprehensive Estate Planning: A will allows expatriates to include detailed plans for the distribution of all types of assets, including real estate, business ownership, and personal property. This comprehensive planning helps ensure all aspects of the estate are managed according to the testator’s desires.
By registering a will, expatriates can ensure their assets are distributed according to their wishes, provide for the care of their minor children, and avoid the default application of local inheritance laws that might conflict with their personal or cultural expectations.
Once expatriates decide making a will the next question that arises is where.
Where to register a Will in the UAE – Options
When considering where to register a will in the UAE there are 4 key jurisdictions: Dubai Courts, Abu Dhabi Judicial Department (ADJD), DIFC and ADGM.
DIFC and ADGM are financial free zones with their own set os laws and Courts located in Dubai and Abu Dhabi respectively.
ADJD
To register a will in the Abu Dhabi Judicial Department (ADJD), non-Muslim expatriates can do so for a fee of AED 950. This service ensures that the distribution of their estate aligns with their preferences rather than defaulting to the Islamic Sharia principles applied by UAE courts in the absence of a will.
These fees are specifically for registering a non-Muslim will at the Dubai Courts Notary Public and do not include additional costs such as translations services as the will needs to be executed in Arabic. Regularly translations range AED 500-1,500 – also depending on the language of the initial will.
This registration can be done through video conferencing, provided the testator is a UAE resident.
Registering a will in Abu Dhabi provides flexibility and security, allowing expatriates to ensure their assets are distributed according to their wishes and legal guardianship of their children is clearly defined.
Dubai Courts
Registering a will with Dubai Courts involves a fee structure that varies based on the type of will you are registering. As of the latest information:
- For a single will, the registration fee is AED 2,167.
- For mirror wills (typically for couples), the fee is AED 4,334.
These fees are specifically for registering a non-Muslim will at the Dubai Courts Notary Public and do not include additional costs such as translations services as the will needs to be executed in Arabic. Regularly translations range AED 500-1,500 – also depending on the language of the initial will.
DIFC – top among where to register a will in the UAE?
Registering a will with the DIFC Courts involves several costs, depending on the type of will you choose to register. Here is a summary of the fees associated with different types of wills as of 2024:
- Full Will:
- The cost to register a single Full Will is AED 10,000
- For mirror Wills (for spouses registering at the same time), the fee is AED 15,000.
- Property Will:
- The fee for registering a Property Will is AED 7,500 OR AED 10,000 (mirror wills)
- Business Owners Will:
- The registration cost is AED 5,000
- Financial Assets Will:
- This will type also costs AED 5,000
- Guardianship Will:
- The fee for a Guardianship Will is AED 5,000 or AED 7,500 (mirror wills)
These fees cover the administrative costs of registering the will and ensuring it complies with the DIFC Courts’ requirements. The beauty in registering a will with the DIFC is that at the time of drafting the will an asset is registered with the authorities facilitating the assets tracking task if kept updated over the course of the lifespan.
Conclusion to Where to register a will in the UAE
In conclusion, drafting and registering a will in the UAE is an essential step for expatriates to ensure their assets are distributed according to their wishes, their minor children are cared for by chosen guardians, and potential legal complications are minimized.
The process not only provides peace of mind but also safeguards the financial and personal interests of their families. By consulting with legal professionals and utilizing the appropriate judicial services, expatriates can navigate the complexities of UAE inheritance laws effectively, ensuring their legacies are protected and their families are well cared for.
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We hope this post will help you understand the options when considering where to register a will in the UAE and remain available for any questions regarding this post of general application. Although costs indicated may vary they should continue to allow to compare their pricing and offering. It is recommended to double check at the time of initiating actions or starting to think about initiating actions.
For more information published in English you can visit all our publications at this link as well as the videos in English of our Managing Partner Maria Rubert.
*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the options when considering where to register a will in the UAE.