Can Muslims have wills in the UAE?
The subject of Wills can be quite complex, especially for the UAE Muslims. The legal environment is impacted by religious and cultural considerations as the country follows a blend of Islamic Sharia Law and Civil Law. This blog seeks to shed light on the aspect of wills for Muslims in the UAE.
Understanding Muslim & Non-Muslim Wills in the UAE
In the UAE, there are different interpretations of Muslim & Non-Muslim wills. Wills for Muslims are generally based on Islamic Sharia law, especially from the principles derived from the Quran & Hadith.
Non-Muslims can register their wills according to the law of their home country and distribute their assets according to their personal wishes.
Sharia Law & Wills in Dubai
Wills in Dubai, especially the Sharia law prescribes fixed shares for their heirs. As per the Sharia will, the beneficiaries are prescribed in the Quran which consists of legal and non-legal heirs. The division of the assets is based on how it is outlined in the Quran, which includes family members such as spouses, children & parents.
The division is such that it ensures each heir receives a predetermined share. If a Muslim prefers to create a will in order to express their wishes, then there is limited testamentary freedom. The UAE allows Muslims to create a Will but in accordance with the Sharia law.
Only one-third of a Muslim estate can be bequeathed outside the prescribed Sharia inheritance rule. This way wills in Dubai, especially wills for Muslims can be bequeathed to non-heirs or can be given as charity according to one’s wish.
Can Muslims have a Will in the UAE?
Role of Sharia Law – Yes, Muslims do have the option to create a Will in the UAE. This means that Muslims have the option to distribute their assets as per the regulations mentioned in the Sharia distribution rule. This also means that they cannot allocate more than one-third of their estates in the Will to non-heirs.
UAE’s Legal System – While the Sharia law governs Muslim inheritance, a recent change in laws allows Muslim expats to register their will in the UAE. The UAE Ministry of Justice has a dedicated department for the registration of Wills, and in 2015 it introduced a system allowing Muslims to register their wills in Dubai court. This has significantly helped individuals to outline their wishes and ensure a smooth transition of their assets to their chosen beneficiaries.
Process of making a Will in the UAE
By now we do understand that the Will-making process is full of complexities hence it is advised to both, Muslims and Non-Muslims to consult legal professionals when drafting their Wills. The government authorities have given a certificate of recognition to some professionals in order to allow them to carry out this activity.
There are two prominent Wills in the UAE – The DIFC Will and the Abu Dhabi Will
DIFC Wills: The legal professional chosen by you will help you to prepare a Will draft as per your requirement. Once the draft is approved by you they will schedule an appointment with DIFC WSC for online registration. The process also allows one to complete the registration through a video call with a DIFC WSC officer. In the case of DIFC registrations, you would need 2 witnesses and 1 testator over the call. The Will shall be then electronically signed and witnessed.
Abu Dhabi Wills: In the case of Abu Dhabi Wills, a team of qualified professionals helps you prepare the Will draft. Once the same has been approved by you, the Will be then translated to Arabic. An online appointment will be scheduled with ADJD for online registrations. Once the Will is signed by you, a copy of it is uploaded on the ADJD portal before the conference call happens. The testator’s identity is verified over the call and the Will is read out. This completes the registration process and the registered Will is sent to the email address of the testator.
What assets can one include in their Will in the UAE?
One of the most crucial decisions one has to make for their Will registration is to choose between the Abu Dhabi Will and the DIFC Will as it covers an important aspect of asset coverage. The DIFC Will cover all your assets within the UAE as well as certain foreign jurisdictions. However, in the case of Abu Dhabi Will, it only covers assets within the UAE region.
Here is a list of examples of the assets that will be covered in your UAE Will:
- Bank accounts
- Land
- Residential/commercial property
- Vehicles
- Cash
- Jewellery and other accessories
- Insurance policies
- End-of-service benefits
In Conclusion, drafting a Will is an essential step for anyone regardless of one’s caste, religion, or financial status. Drafting a Will ensures your accumulated wealth is protected and distributed according to your wishes. Allocating your assets in the Will is also crucial for the well-being of your loved ones as it will provide them with clarity and peace of mind ensuring that your assets are in safe hands and your legacy is preserved along with honoring your intentions.
It is also important to review and update your Will regularly in case of any changes in the circumstances or your personal preferences. Creating a Will ensures that your wealth is protected and distributed to your loved ones even after your passing and that their well-being is taken care of. It also helps you to be reassured that your wishes are accurately documented and legally binding.
This is not only a privilege that is given to you by the governing authorities but also one’s fundamental right to protect their wealth, hence one should understand the privileges of Will creation and use it to their best ability for the better future of their loved ones.
Proper planning of the assets along with legal guidance and ensuring that it is in accordance with UAE laws while making terms for dependents and personal wishes. Lastly one should seek professional help in navigating through these restrictions while protecting their family’s financial future.
