Can an expat register their will in their home country for UAE assets?
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Ask: I am a resident of Dubai and have some investments and properties in the UAE. Would I need to create a separate will here for these? Or can I include it in the will in my home country?
Answer: According to your queries, it is assumed that you are a non-Muslim and residing in Dubai. Therefore, the provisions of Federal Decree Law No. 41 of 2022 on the Civil Status of Persons, Law No. 15 of 2017 on the Administration of Inheritance and Execution of Wills of Non-Muslims in the Emirate of Dubai are applicable and the DIFC Wills and Estates Registration Rules. .
In the UAE, a non-Muslim can register a will as per his choice. This is in accordance with Article 11(1) of the UAE Law on the Personal Status of Non-MuslimsWhat states,
“A legate may leave a will with all his assets in the State to any person of his choice in accordance with the controls established by the Development Regulations of this Decree Law.”
In addition, a non-Muslim person can also register a will in his or her country of origin that includes the executors and/or beneficiaries of his or her investments, properties, movable and immovable assets, shares in entities, bank accounts. , credentials/passwords for your bank accounts, emails, social media and other matters, jewelery (the ‘Estate’) based in the UAE.
However, in the event of the death of a person who has executed a will that includes their assets in the UAE, the beneficiaries or executors named in their will in their home country must be notarized and legalized. the original will from the relevant local authorities and the UAE Embassy/Consulate located in the deceased person’s country of origin. Thereafter, in the UAE, such legalized original will must be endorsed by the UAE Ministry of Foreign Affairs and International Cooperation and finally, upon completion of the legal translation of said will, it must be endorsed by the Ministry of Foreign Affairs from the UAE. Justice.
Thereafter, the beneficiaries or executors of the deceased person must open an inheritance case in the Personal Status Court having jurisdiction in the UAE regarding the distribution of their UAE-based estate according to the contents of the will. The Personal Status Court which has jurisdiction to hear the matter can then transfer the Estate in the UAE to the beneficiaries as mentioned in the will.
Alternatively, a person may consider registering a separate will in Dubai for their UAE-based estate. Article 6(a) of the Dubai Wills Lawit states:
“A registry known as ‘Registry of Wills of Non-Muslims’ has been created in Dubai Courts and DIFC Courts for the purpose of registering wills of non-Muslims.”
A non-Muslim in the UAE can also register his will in accordance with the provisions of the DIFC WPR Rules.
Based on the above, you, as a non-Muslim resident of Dubai, can register your will at the Dubai Personal Status Court, at the Notary Public or at the DIFC Wills Service Center. Alternatively, you may also consider registering a will in your home country for your estate in the UAE.
News Source: Khaleej Times
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