Drafting a will is a critical step in ensuring that your assets are distributed according to your wishes in the event of your passing. In the United Arab Emirates (UAE), will drafting follows a unique legal framework influenced by both Islamic law (Sharia) and local civil laws. Understanding the process and legal requirements is essential to ensure a smooth and legally valid will. This comprehensive guide will help you navigate the intricacies of will drafting in the UAE.
Know the Legal Framework:
In the UAE, there are specific laws that govern wills, and it’s crucial to be aware of these regulations. Two primary sources influence the legal framework for wills:
Federal Law No. 5 of 1985: This law governs wills for non-Muslims, known as expatriates, in the UAE. It allows non-Muslims to create wills that align with their personal beliefs and wishes.
Islamic Sharia Law: For Muslim residents, inheritance and succession matters are guided by Islamic Sharia law. Sharia law prescribes specific rules for the distribution of assets among heirs.
Eligibility and Requirements: To draft a will in the UAE, you must be of legal age (typically 21 years old) and of sound mind.The will must be in writing and signed by the testator (the person making the will) in the presence of two adult witnesses.
Notarization: In the UAE, it is advisable to have your will notarized by a notary public to ensure its legal validity. This involves visiting a notary public office and having your will officially witnessed and stamped.
Appointing an Executor: You can appoint an executor in your will to carry out your wishes and distribute your assets as specified. It is essential to choose someone you trust and who is willing to accept this responsibility.
Be Specific and Detailed: When drafting your will, be clear and specific about how you want your assets to be distributed. Include details about beneficiaries, the nature of assets, and any conditions or wishes you want to be fulfilled.
Updating Your Will: Life circumstances change, and it’s essential to review and update your will when significant events occur, such as marriage, divorce, the birth of children, or the acquisition of new assets.
Witnesses: Ensure that your chosen witnesses are reliable and have no conflict of interest. Witnesses should not be beneficiaries or related to beneficiaries in any way.
Language and Translation: If your will is written in a language other than Arabic, it’s advisable to have an official translation into Arabic to avoid any misinterpretation or legal issues.
Safekeeping: Keep your will in a safe place and inform your family members or the executor of its location. You may also provide a copy to your lawyer for safekeeping.
Legal Advice: It’s highly recommended to seek legal advice when drafting your will, especially if you have complex assets or unique circumstances.
Will drafting in the UAE is a critical aspect of estate planning. Understanding the legal framework, following the requirements, and seeking professional guidance can ensure that your wishes are respected, and your assets are distributed according to your plans. Whether you are a non-Muslim expatriate or a Muslim resident, the UAE provides avenues to create legally valid wills that align with your beliefs and values. Properly executed wills offer peace of mind and clarity to both you and your loved ones during challenging times.
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