Will Registration in the UAE | Will Registration Dubai
A will is a crucial legal document in the UAE, determining how a person’s assets will be distributed after death. A valid will ensures the estate is distributed according to the deceased’s wishes and ensures a smooth inheritance process. In the following lines, we shed light on will registration in the UAE by POA&More, a team with extensive experience in will registration.
Online Will Registration in the UAE
In the UAE, registering a will is a crucial step to ensure that assets are distributed according to a person’s wishes after death, especially for non-Muslim residents. POA&More POA Dubai offers specialized services in this area. POA&More is a legal and administrative services firm in the UAE, offering comprehensive services for will registration in the UAE. The steps involved typically include:
- Initial Contact and Consultation: The firm is contacted to explain the wishes, assets, and beneficiaries.
- Drafting the Will: The expert team at POA&More drafts the will based on the information provided, ensuring compliance with local laws.
- Will Review: The draft is reviewed by the client to ensure it is accurate and fully reflects all wishes.
- Signing and Notarization: The will is signed in the presence of two legally qualified witnesses, and the signatures are legally notarized.
- Formal Registration: The firm guides the client through the will registration process in the UAE with the relevant authority (such as the Abu Dhabi Judicial Department or the DIFC Courts Wills Center) to ensure the will is legally binding.
- Will registration in the UAE fees: The company provides a transparent breakdown of the fees associated with registration.
Here: Last Wills in Dubai Services | Secure & Legal Will Drafting
How to Register a Will in UAE
Will registration in the UAE, especially for non-Muslims, is important to ensure that assets are distributed according to the testator’s wishes. Companies like POA&More offer specialized services to assist with this process. Here’s how to register a will in the UAE with POA&More:
Initial Consultation:
- You will schedule a consultation with POA&More legal experts to discuss your needs and preferences.
- They will explain the available options (such as DIFC Wills or ADJD Wills) based on your nationality, assets, and wishes.
Gathering Information and Documents:
You will be asked to provide basic information and documents to prepare a will registration in the UAE, which typically includes:
- The testator’s nationality, religion, and identity documents.
- Family declaration (marital status, children, stepchildren, etc.).
- A list of assets to be included in the will (real estate, bank accounts, stocks, companies, etc.).
- Identifying the executors and alternate executors with their details.
- Information about the beneficiaries, their entitlements under the will, and their contact details.
- Any specific gifts or special wishes you would like to include.
- If you have minor children, specific instructions regarding guardianship provisions and details of guardians.
Will Drafting:
- The POA&More team will draft a will to meet your wishes and comply with UAE legal regulations.
- The content will be verified with you to ensure accuracy and comprehensiveness.
Signature and Witnesses:
- You will be guided through the will signing process, which requires the presence of the testator and witnesses.
- In some cases (such as DIFC Wills), the signing can be done digitally online.
Will Registration:
- POA&More will guide you through the will registration process in the UAE with the relevant authority.
- They will ensure your will is legally registered and binding.
Fees Payment:
POA&More will provide a transparent breakdown of any fees associated with the will registration process. Official fees vary depending on the jurisdiction (Dubai or Abu Dhabi Courts) and the type and complexity of the will.
Receiving the Certificate:
Upon successful completion of will registration in the UAE, you will receive a certificate confirming the registration of your will.
Read more: Most Trusted Will Drafting Services in Dubai 2025
Will registration charges in UAE
Will registration in the UAE fees are affected by several key factors, including:
- Single or Mirror Will: The fees for mirror wills (made by spouses and reflecting the same wishes) are higher than for single wills.
- The overall complexity of the will: Wills that include multiple assets in different countries, special conditions, or complex financial arrangements require more time and effort than simple wills and may therefore be more expensive.
- Number and type of assets: The more assets included in the will (whether real estate, stocks, cash, or other), the higher the cost. The type of assets may also affect the fees (for example, wills covering multiple properties may have higher fees).
- Including guardianship of minors: If the will includes the appointment of a guardian for minor children, this may increase the cost.
Will registration in the UAE requirements
Will registration in the UAE requires a set of conditions and procedures that differ slightly between Muslims and non-Muslims, and between different emirates (such as Abu Dhabi and Dubai). In general, the requirements can be summarized as follows:
Requirements for Will Registration in the UAE:
Legal and Mental Capacity: The testator must be of full mental and legal capacity and at least 21 years of age.
Legal Property: The bequest must be owned by the testator at the time of the will (with certain exceptions for future assets).
Not being bankrupt or insolvent: The testator must not be bankrupt or insolvent, unless rehabilitated.
Free Will: The will must not contain anything that violates public order or public morals.
Documents Required for Will Registration in the UAE:
- Identity Proof: The testator’s passport (and a copy thereof), and Emirates ID (if resident).
- Proof of Ownership: Copies of the testator’s ownership deeds (whether real estate or movable property).
- Proof of Religion: This is especially true for non-Muslims, to determine the applicable law.
- Testator’s Presence: The testator must be present in person to sign before a notary public or competent authority.
- Legal Translation: If the will is not in Arabic, a legal translation is required, along with a valid translator’s ID.
- Approval of the Competent Authorities: If the bequest is a mortgaged property, approval of the competent authority is required.
Conditions Will Registration in the UAE for Non-Muslims:
- Choice of Law: Non-Muslims have the right to choose the application of their country of origin’s law to their estate in the UAE, with the exception of real estate located in the UAE, which may be subject to UAE law.
- Appointment of Executor: The will must include the appointment of an executor, specifying how the bequest will be disposed of.
- Witnesses: The will must be signed by the testator or bear his seal or fingerprint in the presence of two adult witnesses who are not beneficiaries of the will.
- Conditions for a Valid Will for Non-Muslims:
- The legatee must be permitted to own or benefit from the bequest.
- The legatee must not be under guardianship due to profligacy or negligence, unless the will is for charitable purposes, in which case the trustee must obtain the approval of the competent court.
- It must not include erasures, scratches, insertions, or additions.
- Registration Authorities for Non-Muslims: Wills may be registered at the Dubai International Financial Centre (DIFC) Wills Service Centre, the Abu Dhabi Judicial Department (ADJD), or the Dubai Courts Wills:.
Conditions for Will Registration in the UAE for Muslims:
A Will to a Non-Heir: A Muslim may bequeath one-third of the estate to a non-heir.
A Will for Charitable Purposes: A will for charitable purposes is valid according to Sharia.
Acceptance of the Will: The legatee must accept the will after the testator’s death.
Procedures for Will Registration in the UAE
- Submitting the Application: The application is usually submitted through the website of the competent authority (such as the Abu Dhabi Judicial Department or Dubai Courts).
- Scrutiny of the Application: The competent employee will scrutinize the application and documents.
- Payment of fees: A message is sent to the customer informing them of the approval of the application or amendment request, and they then pay the prescribed fees.
- Book an appointment for attestation: An appointment is booked for will attestation, which may be via video call.
- Obtaining the attested will: After completing the interview, the document is digitally attested.
Ensure the Validity of a Will in UAE
- Capacity: The testator must be of full legal capacity, sane, and at least 21 years of age.
- Free Will: The will must be the result of the testator’s free and conscious will, without any coercion, fraud, or threat.
- Writing and Notarization: The will must be written and officially notarized. UAE law does not recognize oral wills.
- Clarity: The wording of the will must be clear and understandable, and not open to interpretation or ambiguity in determining the distribution of property or rights.
- Appointment of an executor: The will must include the appointment of an executor and specify how the bequeathed money will be disposed of.
- Non-violation of law and public order: The will must not violate the laws and regulations in force in the UAE.
- Legislation: The bequest must be the property of the testator at the time of death and legally permissible to dispose of.
- Legislation: A will may be made to a specific living person or a fetus, to a specific or unlimited group, or for charitable purposes permitted by Sharia.
- One-third limit: A bequest may not exceed one-third of the estate, and the remainder must be distributed in accordance with the provisions of Islamic law. Unless the adult heirs approve of it after the testator’s death, it is executed on the share of those who approved it.
- Not making a bequest to an heir: A bequest to an heir is not permissible except in exceptional cases, such as with the approval of the remaining adult heirs, or if it is required by a preponderant interest approved by the court.
- Acceptance: The legatee must accept the bequest after the testator’s death (or during his lifetime and continue to accept it after his death). A bequest to an unspecified person, however, does not require acceptance.
Important Points to Remember When You Register a Will in the UAE
- Your will should include clear and specific points to ensure its proper implementation:
- Distribution of assets: Clearly outline how all your property and assets will be distributed, including real estate, bank accounts, investments, and personal belongings.
- Appointment of guardian (guardianship of minors): If you have minor children, you must appoint a guardian (or guardians) to care for them in the event of your death. This point is crucial to prevent the application of Sharia guardianship laws that may not be in line with your wishes.
- Appointment of executor (executor): Appoint a trusted person (or several people) to be the executor of your will. This person will be responsible for managing and distributing your estate as stipulated in the will.
- Debts and liabilities: List any debts or liabilities that must be settled before the estate can be distributed.
- Assets outside the UAE: If you have assets outside the UAE, you may need to have a separate will for those countries, or ensure that your UAE will effectively cover them.
- Given the complexity of inheritance laws in the UAE, it is highly recommended to hire POA&More, which specializes in will registration in the UAE. POA&More will ensure that your will complies with local laws, protects your interests and wishes, and minimizes any potential disputes in the future.
Read more: How Long is a Last Will and Testament Valid in UAE
Will registration process
Will Registration in the UAE procedures vary depending on whether the testator is Muslim or non-Muslim, and the emirate in which the registration takes place (such as Abu Dhabi or Dubai). In general, the process involves the following steps and documents:
- Capacity: The testator must be of full mental and legal capacity and at least 21 years of age.
- Ownership: The bequest must be owned by the testator.
- Legitimacy: The bequest must be lawful and not violate public order or public morals.
- Existence and Designation: The bequest must be real, of a specific amount, or capable of being designated upon death. Future assets may be bequeathed if they are capable of being designated.
- Freedom from Forgery: The will must not contain any erasures, scratches, insertions, or additions.
- Appointment of an Executor: The will must include the appointment of an executor, stating how the bequested assets will be disposed of.
- Acceptance of the Will: The legatee must accept the will after the death of the testator (or during his lifetime and continue to accept it).
- Drafting a Will: Given the complexity of inheritance laws in the UAE, it is highly recommended to hire POA&More, which specializes in will registration in the UAE. POA&More will ensure that your will complies with local laws, protects your interests and wishes, and minimizes any potential disputes in the future.
- Submitting the Application: The application is usually submitted via the website of the relevant authority (such as the Abu Dhabi Judicial Department or Dubai Courts).
- Scrutinizing the Application: The competent employee will review the application and attached documents.
When the Will conflicts with the Shariah law
A will conflicts with Islamic law in several cases, becoming invalid or requiring correction to comply with Sharia law. The most important of these cases are:
- A will may not exceed one-third of the estate after paying debts and funeral expenses.
- A will may not exceed one-third of the estate after paying debts and funeral expenses.
- If the will exceeds one-third, the excess may not be executed without the consent of the heirs.
- The legatee must be known and present at the time of the will, if designated.
- If the legatee dies before the testator, the will is invalid.
- If the legatee intentionally kills the testator, the legatee is not entitled to the will.
Why choose POA&More to provide will registration in the UAE?
- Legal Expertise: They have a team of legal experts specializing in wills and estate planning in the UAE.
- Comprehensive Solutions: They offer a full range of services to ensure all aspects of your estate are covered.
- Simplified Process: They strive to simplify the will preparation and registration process for a hassle-free experience.
- Legal Compliance: They ensure your will complies with local regulations, making it legally binding and enforceable.
Frequently asked questions
Is it necessary to register a will?
Although UAE law does not strictly require Will Registration in the UAE in all cases, it is necessary and highly recommended to ensure your wishes are carried out after death and to protect your assets and loved ones.
What happens if the will is not executed?
If a will is not executed in the UAE, there will be legal and procedural consequences. These consequences depend on whether the deceased was Muslim or non-Muslim, and whether a registered will exists.
When is a will not be executed?
In the United Arab Emirates, a will is not enforceable in certain cases, according to the provisions of the Personal Status Law and related laws. The most prominent of these cases are:
- Revocation of a will.
- Death of the legatee.
- Rejection of the will.
- Murder of the testator.
- Death of the legatee or its entitlement to a third party.
- Exceeding one-third of the estate.
- The will is made to an heir.
- The incapacity of the testator.
- The legatee is not specified or is nonexistent.
- Incorrect conditions.
- The will is not documented or proven.