Understanding the legal framework surrounding wills in Dubai is essential for ensuring that your assets are distributed according to your wishes. Many residents, especially expatriates, turn to services like Just Wills Dubai for assistance in drafting a valid and enforceable will. Understanding the legal requirements for wills in Dubai can help you avoid issues and ensure that your estate is managed smoothly after your passing.
Eligibility to create a will:
To create a legally binding will in Dubai, the individual must be of sound mind and at least 21 years old. Both residents and non-residents in Dubai can make wills, though expatriates need to ensure that the document follows local legal frameworks to guarantee its validity in the UAE.
Format and registration options:
Expatriates in Dubai typically have two primary options for registering a will: Dubai Courts and the DIFC Wills Service Centre. The DIFC (Dubai International Financial Centre) Wills Service Centre caters specifically to non-Muslim expatriates and provides options for full wills, property-only wills, and guardianship wills. DIFC wills must be written in English and registered at the DIFC Wills Service Centre. Registration at Dubai Courts, however, requires the will to be in Arabic, which may necessitate a certified translation. Registering a will formalises it and makes it legally enforceable within Dubai.
Witness requirements:
To ensure the will’s validity, it must be signed in the presence of two adult witnesses who are not beneficiaries of the will. These witnesses confirm that the testator (person making the will) is of sound mind and voluntarily signing the document. Witnesses should ideally not have any vested interest in the will to avoid conflicts of interest, as this could complicate probate.
Clear identification of assets and beneficiaries:
The will must clearly list all assets to be distributed, including properties, bank accounts, investments, and personal belongings. It is also essential to clearly identify each beneficiary by providing their full name and relationship to the testator. If the will includes guardianship provisions, the guardian’s name and relationship to any minor children should also be specified.
Appointment of an executor:
An executor is the person responsible for administering the will. The will should name a reliable and responsible executor who will manage asset distribution according to the testator’s wishes. For expatriates with assets abroad, selecting an executor familiar with cross-jurisdictional probate processes can be beneficial.