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How Long is a Last Will and Testament Valid in UAE – Dubai

How long is a last will and testament valid? The last will is one of the most important legal documents that guarantees the rights of individuals after their death, and explains how their estate is distributed and their affairs are managed. In the United Arab Emirates, the state pays great attention to organizing the provisions of the will, and protecting the rights of the testator and the legatee. Therefore, in the following lines, the POA&More team explains to us a comprehensive guide on how long is a last will and testament valid.

 

How long is a last will and testament valid

How long is a last will and testament valid? There is no specific period in the UAE law for the validity of a will, as the will remains valid and effective unless it is cancelled or changed by the testator, or if it is in violation of the law or Islamic law. The testator may at any time cancel or amend his will, and this is done in the same way that the will was created.

 

How long is a last will and testament valid in UAE

how long is a last will and testament valid

How long is a last will and testament valid? A will is one of the most important legal acts that allows a person to determine the fate of his estate after his death. In the United Arab Emirates, a will is of great importance, as it is regulated by Federal Law No. 28 of 2005 regarding personal status. There is no explicit text in the UAE law that specifies the period of validity of a will, but it can be said that a will remains valid unless it is invalidated or cancelled by the testator, or by the court if it is in violation of the law.

aRead more: How to Make a Will in UAE – Expert Will Drafting Services

Factors that can invalidate or revoke a will in UAE

When talking about how long is a last will and testament valid in the UAE, there are several factors that may lead to the invalidation or cancellation of a will. Here are some common cases:

 

Failure to meet the formal requirements

  • Writing: The will must be in writing, otherwise it will be considered invalid.
  • Signature: The testator must sign the will, otherwise it will be considered invalid.
  • Witnesses: The will must be witnessed by two adult, sane witnesses, and they must sign it, except in exceptional cases specified by personal status laws.

 

Defects in the will

  • Coercion: If it is proven that the will was made under coercion, it is considered invalid.
  • Unlawful influence: If it is proven that someone has unlawfully influenced the testator to compel him to write the will in a certain way, the will is considered invalid.
  • Error: If the will is based on a fundamental error, it is considered invalid.

 

Invalidity of the Will

  • Revocation of the Will: The testator has the right to revoke his will at any time, and if he does so, the will is considered invalid.
  • The death of the testator and the legatee at the same time: If the testator and the legatee die at the same time, and it is not known which one died first, the will is considered invalid.
  • Consumption of the bequeathed money: If the bequeathed money is consumed before the death of the testator, the will is considered invalid.
  • The legatee kills the testator: If the legatee kills the testator, the will is considered invalid.

 

Improvements to inheritance

  • Murder: If the heir kills the testator, he is deprived of the inheritance, and thus does not deserve what the testator bequeathed.
  • Apostasy: If the heir apostatizes from Islam, he is deprived of the inheritance, and thus does not deserve what the testator bequeathed.

 

Provisions of Islamic law

  • Exceeding one-third: The testator may not bequeath more than one-third of his estate, and if he does so, the will is considered invalid in the portion exceeding one-third, unless the heirs permit it.
  • Bequest to an heir: The testator may not bequeath to an heir, and if he does so, the bequest is considered invalid, unless the heirs permit it.

Read more: Last will from ADJD for Muslims

What happens if a person dies without a Will in the UAE?

how long is a last will and testament valid

In the event that a person dies in the UAE without a will, their estate is dealt with according to the country’s inheritance laws. These laws are largely based on Islamic law, with some additional considerations for positive laws. Therefore, when discussing how long is a last will and testament valid, the estate is distributed as follows:

  • Wife/husband: gets a specific share of the estate, depending on whether or not there are children.
  • Children: inherit the rest of the estate, and it is distributed equally between them in the absence of a will.
  • Parents: if the deceased has children, each parent gets a specific share of the estate.
  • Other relatives: in the absence of children or parents, other relatives such as siblings or grandparents can inherit.

Read more: Non-Muslims Will Writing

Procedures for dividing the estate

  • Listing of heirs: the heirs or their legal representatives must submit a request to the court to list the heirs and determine their legal shares.
  • Proof of death: the death of the person must be proven by an official death certificate.
  • Estate Administration: The court appoints an estate administrator to manage the estate and distribute it to the heirs according to the legal shares.
  • Estate Distribution: After the estate administration is completed, the administrator distributes it to the entitled heirs.

 

When does a will become invalid after death?

There are several cases that can make a will invalid after death in the United Arab Emirates. These cases are mentioned in the UAE Personal Status Law, so within the discussion of how long is a last will and testament valid, we explain in the following lines the cases that can make a will invalid after death in the UAE:

  • The testator’s revocation of the will: If the testator cancels or amends the will before his death, the will becomes invalid. The revocation of the will must be clear and explicit, and can be done either in writing or orally.
  • The death of the legatee before the testator: If the person appointed in the will dies before the death of the testator, the will is considered void.
  • The will is returned by the legatee: The person appointed in the will has the right to refuse to receive the will after the death of the testator. In this case, the will is considered invalid.
  • The legatee kills the testator: If the person appointed in the will kills the testator, the will is considered void.
  • Bankruptcy of the testator: If the testator is bankrupt at the time of his death, the will becomes invalid, as debts have priority over bequests.
  • Destruction of the bequeathed property: If the property specified in the will is destroyed or damaged before the death of the testator, the will is considered void.

 

What happens if husband dies without a will in UAE?

how long is a last will and testament valid

In the event of the husband’s death without a will in the Emirates, his estate is distributed according to the country’s inheritance laws. These laws are based primarily on Islamic law, with some amendments that are consistent with modern social and economic conditions. Therefore, within the discussion of how long is a last will and testament valid, we explain in the following lines how the estate is distributed in the Emirates:

  • Wife: She gets a quarter of the estate if the husband has children, and an eighth of the estate if he does not have children.
  • Children: The rest of the estate is divided equally among the children, with the male being given twice the share of the female.
  • Parents: If the deceased husband has children, each parent gets a sixth of the estate. If he does not have children, the mother gets a third of the estate, and the father gets the rest.
  • Other relatives: In the absence of children or parents, the estate is distributed to other relatives according to a specific order in the law.

Read more: Cost of Making Will in Dubai in 2025

Advantages of POA&More in making the last will in the UAE

POA&More POA Dubai is distinguished in making the last will in the Emirates by several advantages, including:

  • Experience: The company has extensive experience in the field of preparing  wills in Dubai, as it has been working in this field for many years, and has a team of qualified experts and specialists in this field.
  • Efficiency: The company makes the will as quickly as possible, while ensuring its accuracy and integrity.
  • Transparency: The company is committed to transparency in all stages of making the will, as the client is informed of all procedures, conditions and requirements.
  • Flexibility: The company provides its services throughout the Emirates, deals with all nationalities, and provides multiple options for clients to choose what suits them.
  • Support: The company provides support and assistance to clients in all stages of making the will, and answers all their inquiries.
  • Cost: The company offers competitive and reasonable prices for its services.

Sources

[Wikipedia]

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