As a non-Muslim expat living in Dubai, you may have some assets in the country and wish to create a will. To ensure that your will holds in your home country as well, there are specific steps you can take. In Dubai, non-Muslims have multiple options to create and register a will for their assets in the UAE. The provisions of Federal Decree Law No. 41 of 2022 on Civil Personal Status, Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in Dubai, and the DIFC Wills and Probate Registry Rules govern the process of creating a will for non-Muslim residents in the UAE.
Non-Muslim residents in Dubai have the option to apply the provisions of the UAE Personal Status Law for non-Muslims to their personal matters. This law allows non-Muslims to register a will as per their choice, specifying the distribution of their assets among beneficiaries. Additionally, the registration of wills of non-Muslim individuals in Dubai follows the provisions of Dubai Law No. 15 of 2017, which establishes a Register of Wills of non-Muslims at the Dubai Courts and the DIFC Courts. This allows non-Muslim residents to register their wills at these courts to ensure proper administration and distribution of their assets.
To register a will in Dubai Courts or DIFC, the will must include details of the executor(s) and/or beneficiaries, as well as all the testator’s movable and immovable properties, both within and outside the UAE. The DIFC Wills Service Centre has specific requirements for the registration of non-Muslim wills, including the form of the will, witnesses, appointment of executors and guardians, and intentions regarding property administration and succession. By fulfilling these requirements, non-Muslim expats can ensure that their will is legally binding and enforceable in Dubai and potentially in their home country as well.
Apart from registering a will in Dubai, non-Muslim expats can also consider registering their will at the consulate or embassy of their home country if the service is available. This provides an additional layer of protection for the will and ensures that it is recognized and enforced in the home country. It is advisable to seek independent legal advice from a legal counsel in your home country to understand the implications of a will registered in the UAE for your estate both in Dubai and your home country.
Overall, by following the legal procedures and requirements for registering a will in Dubai, non-Muslim expats can secure their assets and ensure their wishes are carried out according to their testamentary instructions. It is essential to seek professional guidance to navigate the complexities of cross-border will registrations and to address any potential legal issues that may arise in the future.
