A death in the family could be a traumatic experience for all the other family members. In the absence of a Will, the family is further burdened with huge expenses and difficulties to claim their ownership over the assets. The distribution of assets without the Will could be time-consuming and expensive in connection with the possible legalization or attestation of the relevant extracts of the home country’s law. A registered Will allows the courts to rapidly proceed as per the wishes of the deceased person. The accounts as well as the properties are frozen upon death and cannot be operated without an order of the Court. Writing a Will is important so that no challenges are faced by the family members with respect to each person’s assets.

Importance Of Will Under Sharia Law

The UAE is particularly stringent about Muslims adhering to Sharia Law, hence all of the Muslims' Wills are carried out by Sharia Law. In case of the absence of a Will, the UAE Courts will distribute moveable as well as immovable assets by Sharia Law.
According to Sharia Law, if the death takes place in the UAE and there is no Will, the assets and the bank accounts of the deceased will be frozen. In the event of a man's death with children and no Will in UAE, the preference will be given to the closest male relative who is a family member, and as a result, the mother will be unable to obtain normal custody of the children thus having a negative impact on the custody of the child. The real estate owned by the deceased shall be distributed as per the provisions of Shariah Law in case of the absence of a will.

Importance Of Will Federal Laws In The UAE

The provisions of the will in the UAE are dealt with under the Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (“Civil Code”), and Article 17 which allows non-Muslims to choose the law of their choice for registering their Will as well as to apply the laws of their home country.
In addition, Clause 1.3 of the Federal Law No. 28/2005 on Personal Status Code (‘’Personal Status Law’’) also allows expatriates to choose the law of their home country for the distribution of assets in the event of death. However, the said provision is subject to relevant Articles of the Civil Code.

Choosing Between NOTARY public Wills And DIFC Wills

The importance of Wills in the UAE has increased multi-fold as individuals having assets have realized the importance of protecting their families and guarding them against any future obstacles. So to make the process of registering the Will a bit simpler here are the two ways provided below.

a)Notary Public Wills – These Wills are signed before the Notary Public in the respective Emirates. This option is suitable for individuals having assets in UAE.

b)DIFC Wills – DIFC Courts Wills Service (formerly known as DIFC Wills Service Centre) has been set up specifically to cater to the requirements of non-Muslims owning assets in the United Arab Emirates. To avail of this service, the person must be (i) a non-Muslim; (ii) Over 21 years; (iii) the assets must be situated in the United Arab Emirates and/or outside.

For the safety and security of the future of your family, it is very important to have a Will registered so that they don’t have to face any other traumatic experiences and are provided with financial stability.

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004