Last Will from Dubai Court for Non-Muslims is a legal act in which a person determines how his or her estate will be distributed after his or her death. The laws issued in the Emirate of Dubai include many provisions on how to organize the will for non-Muslims, in accordance with their religions and beliefs. Therefore, the team at POA&More Company provides us with a comprehensive guide on last will from Dubai Court for Non-Muslims.
Understanding the Last Will from Dubai Court for Non-Muslims
In Dubai, non-Muslims can regulate their personal affairs including wills in Dubai and inheritance through the last Will from Dubai Court for Non-Muslims, including:
Personal Status Law:
- The Personal Status Law in Dubai provides a comprehensive legal framework for non-Muslims to regulate matters of marriage, divorce, inheritance and wills.
- The law allows individuals to determine the law applicable to their personal affairs, whether it is the law of their home country or another law of the individual’s choice.
Personal Status Court:
- The Personal Status Court in Dubai has established a special division to deal with non-Muslim cases, ensuring that there are judges specialised in applying the relevant laws.
- Individuals can apply for court orders relating to wills and inheritance and to enforce them.
DIFC:
- DIFC provides its own legal system with provisions relating to wills and inheritance.
- Individuals can choose to have the law of the International Financial Centre apply to their wills and inheritance.
Registering Wills:
- Non-Muslims can register the last Will from Dubai Court for Non-Muslims with the Dubai Courts to ensure that they are executed in accordance with their wishes.
- Registering a last Will from Dubai Court for Non-Muslims requires submitting a set of documents, including ID, passport and death certificate (in case of a will after death).
Read more : Last Will and Testament UAE
Legal Framework for the Last Will from Dubai Court for Non-Muslims
The following are the basic requirements for a last will from Dubai Court for Non-Muslims:
- Capacity: The testator must have the legal capacity to make a will, i.e. he must be an adult of sound mind and not under duress.
- Writing: It is preferable for the last will from Dubai Court for Non-Muslims to be written and signed by the testator and two witnesses, and it can be registered in the Dubai Courts or the Dubai International Financial Centre.
- Clarity: The last will from Dubai Court for Non-Muslims must be clear and detailed, so as not to raise any ambiguity or confusion about the distribution of the estate and the appointment of the executor of the will.
- Legality: The last will from Dubai Court for Non-Muslims must be in compliance with the provisions of the law, and not include any legal or Sharia violations.
Read more: How to Make a Will in UAE – Expert Will Drafting Services
What is the difference between DIFC will and Dubai court will?
The POA&More team will explain the difference between a DIFC Will and a Dubai Court Will, focusing on the aspects that matter to you as a beneficiary about last Will from Dubai Court for Non-Muslims:
Jurisdiction:
- DIFC wills: Has its own laws and procedures independent of the local courts in Dubai. A will issued by it is subject to the laws of the center and is enforced through its courts.
- Dubai Court: Subject to the local laws of the Emirate of Dubai, including the Personal Status Law. A will issued by it is enforced through the Dubai Courts.
Applicable Law:
- DIFC: Allows non-Muslim individuals to choose the law they wish to apply to their will, whether it is the law of their home country or any other law they deem appropriate.
- Dubai Court: Applies the Personal Status Law of the United Arab Emirates to wills, which is largely based on Islamic Sharia.
Scope of Application:
- DIFC: Specializes in wills for non-Muslim individuals.
- Dubai Court: Specializes in wills for all individuals, Muslims and non-Muslims.
Registration and Enforcement Procedures:
- DIFC: It has simplified and efficient will registration procedures, and provides a specialized judicial system for the execution of wills.
- Dubai Court: It may require slightly longer and more complicated procedures, especially for complex wills.
Fees and Costs:
- DIFC: The fees for registering and executing a last will from Dubai Court for Non-Muslims may be relatively higher compared to Dubai Court.
- Dubai Court: The fees are usually lower, but the costs of legal proceedings may increase if the last will from Dubai Court for Non-Muslims is complex or if there are disputes over its execution.
Flexibility and Control:
- DIFC: It provides greater flexibility for individuals in determining how their estate is distributed, especially for non-Muslims who may not wish to adhere to the provisions of Islamic law.
- Dubai Court: It may be more restrictive in this aspect, as the last will from Dubai Court for Non-Muslims must comply with the provisions of the Personal Status Law.
International Recognition:
- DIFC: Has a good international reputation, which may facilitate the execution of a last will from Dubai Court for Non-Muslims abroad if the testator has assets in other countries.
- Dubai Court: Also has international recognition, but the execution of a last will from Dubai Court for Non-Muslims abroad may require some additional procedures.
Read more: Non-Muslims Will Writing
Key Legal Provisions Affecting Non-Muslim Wills in Dubai
There are several legal provisions affecting the last Will from Dubai Court for Non-Muslims. The most important of these are:
Law No. (15) of 2017 on the Management of Non-Muslim Estates and the Execution of Their Wills in the Emirate of Dubai:
- Aims to enable non-Muslims to prepare their wills and develop their litigation procedures.
- Provides for the establishment of a special registry for wills and estates for non-Muslims.
- Defines the conditions for the validity of a will and how to implement it.
- The law explains how to deal with the estate of a deceased non-Muslim in the absence of a will.
Inheritance Law No. (18) of 2017:
- Defines the rules for distributing inheritance to non-Muslims residing in Dubai.
- The law takes into account the provisions of Islamic Sharia when distributing inheritance to Muslims.
Read more: How Long is a Last Will and Testament Valid in UAE
Advantages of making the last will from the Dubai Court for non-Muslims through POA&More
Advantages of writing a will in Dubai Courts for Non-Muslims through POA&More POA Dubai:
- Legal protection: Registering last Will from Dubai Court for Non-Muslims in Dubai Courts ensures that it is executed according to the wishes of the testator, avoiding any disputes or disagreements that may arise after death.
- Identification of heirs: last Will from Dubai Court for Non-Muslims allows the testator to identify the heirs and distribute the estate among them in the manner he deems appropriate.
- Appointment of the executor of the will: The testator can appoint an executor of the will who will manage the estate and execute the will in accordance with the provisions of the law.
- Protection of minors: The testator can, through the will, appoint a guardian for minor children, to ensure their care and meet their needs after his death.
- Guardianship of funds: The testator can, through the will, determine how to manage, preserve and develop the funds of minors.
- Flexibility: last Will from Dubai Court for Non-Muslims provides the ability to add conditions or amendments to it to suit the circumstances and needs of the testator.
- Confidentiality: The court guarantees the confidentiality of the information contained in the will and that it will not be disclosed except to the concerned parties. Simplification: POA & More simplifies the procedures for writing and registering the last Will from Dubai Court for Non-Muslims, and provides the necessary support to the testator throughout the process.
Frequently asked questions
What happens if a person dies without a will in UAE?
In the event that a person dies without a will in the UAE, their estate is dealt with and distributed according to the country’s inheritance laws. These laws are largely based on Islamic law, with some variations and modifications to suit the local context. In general, the estate is distributed as follows:
- Wife/husband: receives a specific share of the estate, depending on whether the deceased had children or not.
- Children: share the remainder of the estate equally, with males receiving twice the share of females.
- Parents: each receives a specific share of the estate.
- Other relatives: In the absence of children or parents, the estate is distributed to other relatives according to a specific order in the law.
Is Sharia Law applied to non-Muslims?
No, Sharia law does not apply to non-Muslims in Dubai. In Dubai, as in the rest of the UAE, there are two legal systems:
- Sharia law: This system deals with Muslims in matters of personal status such as marriage, divorce and inheritance.
- Civil law: This system deals with non-Muslims in all matters, including personal status.
