The process of drafting a will in the United Arab Emirates (UAE) is primarily governed by two federal statutes: the Personal Status Law and the UAE Civil Code. These laws are profoundly influenced by Islamic (Shariah) Law, which is applicable to all Muslims. Shariah Law, a transnational legal framework, dictates the distribution of assets among Muslims worldwide, providing specific guidelines on inheritance shares and considerations such as gender and familial relationships. Consequently, Muslim individuals must adhere to these principles when drafting their wills, irrespective of their residency.
Legal Modernization and Non-Muslim Wills
In line with its objectives to enhance economic investment and commercial opportunities, the UAE has modernized its legal framework to accommodate non-Muslim residents. Non-Muslim testators with assets in the UAE have the option to draft their wills according to the legal statutes of their home countries. These wills must be translated into Arabic, notarized within the UAE, and attested by the UAE courts to ensure their legal efficacy.
Importance of a Will
A will is a fundamental legal document that outlines the distribution of a person’s assets upon their death. It encompasses the appointment of guardians for minor children, disabled relatives, and any other personal directives. Contrary to the belief that only the affluent require wills, every individual, regardless of their estate’s size, should have one. A will protects valuable property and ensures that guardianship of minor children is addressed. An appointed executor is crucial for implementing the testator’s instructions, providing peace of mind and security for the estate and beneficiaries.
Requirements for Drafting a Will in the UAE
In the UAE, individuals must be at least 21 years old and of sound mind to draft a will. The will can be executed in writing or, if the testator is unable to write, through meaningful verbal expressions or intelligible signs.
For Muslim Testators
Muslim testators must comply with Shariah Law when drafting their wills. The will should be personally written and signed by the testator, supported by comprehensive financial and personal documentation, and witnessed by two male individuals who are neither beneficiaries nor guardians of the testator. The will is initially reviewed with a legal consultant to ensure legal compliance. It is then translated into Arabic by a court-recognized translation centre, registered, and attested by the Dubai Courts, making it valid across all Emirates. Any provision in the will that contradicts Shariah and UAE law is rendered void, though the remainder of the will remains enforceable.
For Non-Muslim Testators
Non-Muslim testators may draft their wills in accordance with the laws of their home countries. These wills must be translated into Arabic, notarized in the UAE, and a formal request must be submitted to the Dubai Courts to align the will with the testator’s national law. Once attested by the Dubai Courts, the will becomes legally binding and enforceable. Non-Muslims are also permitted to request the application of UAE law as it pertains to Muslims.
SAT & Co specializes in the meticulous drafting and notarization of inheritance wills, ensuring compliance with UAE laws for both Muslim and non-Muslim testators.
By adhering to these detailed legal frameworks, individuals can safeguard their assets, provide clear directives for their distribution, and ensure that their wishes are honored while protecting their beneficiaries.
