Benefits of Registering a Will in Dubai [7 Key Benefits]

The benefits of registering a will in Dubai are vital in their impact, as it is a necessary legal step to ensure the distribution of the estate after death in a manner that aligns with the deceased’s wishes and respects applica

This process allows individuals to control the fate of their assets, protect the rights of heirs, avoid family disputes, and ensure compliance with the laws of the UAE. In the following article, we will discuss these benefits in more detail.

What is the definition of a will and its types?

Before discussing the benefits of registering a will , let us first define what a will is according to Article 28 of the UAE Personal Status Law (Law No. 28 of 2005). A will is a disposition concerning the estate that takes effect after the death of the testator. There are different types of wills, which include:

1. Absolute will: meaning that the will does not contain any restrictions or conditions and is fully valid.
2. Conditional Will: This indicates that the will includes specific additions or conditions that may relate to specific individuals or assets.
3. A will is subject to a valid condition: meaning that the will is suspended on a specific condition, and this condition must be acceptable and recognized by Sharia. If the condition contradicts Sharia rulings or Islamic objectives, the will is invalid, but the will remains valid.

The execution of the will is limited to one-third of the testator’s estate after fulfilling associated rights. The will can be applied to any amount exceeding one-third if agreed upon by adult heirs.

What are the benefits of registering a will ?

Registering a will in the United Arab Emirates has many benefits, the most significant of which include:

●Compliance with the Federal Law of the United Arab Emirates

Registering a will in the UAE ensures compliance with Federal Law No. 28 of 2005 on Personal Status, which governs inheritance and wills. According to this law, inheritance is organized according to Islamic law if there is no will. For foreigners, they can register their wills so that their estate is distributed according to the laws of their home country, allowing them to bypass local laws based on Islamic principles. For example, Article 17 of the Personal Status Law states that non-Muslims can follow the laws of their home country regarding wills and inheritance, thus enabling them to choose the legal system that suits them and avoid the application of Islamic law provisions.

●Protection of women and children’s rights

Inheritance is distributed according to Islamic law, which defines each individual’s share. However, registering a will provides individuals, especially non-Muslims, the flexibility to allocate specific shares to family members in a manner different from the rules applied in Islamic law (sharia). Article 249 of the Personal Status Law gives individuals the right to dispose of their property through a will, while the rules of Sharia apply to the remainder. If a person wishes to distribute more than one-third of his estate, he must obtain the consent of the heirs. Therefore, one of the main benefits of registering a will is to ensure the rights of women and children and provide them with adequate shares.

●Avoiding family disputes

One of the benefits of registering a will is to defuse potential family disputes that may arise regarding estate distribution after a person’s death, especially in the absence of a clear will where assets would then be distributed according to Islamic law or applicable laws in force in the deceased’s country. This may lead to lengthy and complex disputes that could cause family divisions. Herein importance of a registered will lies, which UAE law allows to be officially documented before Sharia courts or notaries public, clearly specifying how assets should be distributed fairly according to the deceased wishes, making it difficult for the disputing parties to contest or demand changes to what has been stipulated. Additionally, Article 246 of the Personal Status Law  states that a will is binding if it meets the legal requirements.

●Protection of real estate and investment assets

Real estate is one of the most important assets that individuals seek to protect and ensure that its optimal distributed. For example, Dubai is an excellent investment destination for foreigners who can own real estate; therefore, registering a will is crucial to protecting these investments. Here arise the benefits of registering a will , particularly for investors.

UAE law allows foreigners to register their wills in Dubai’s specialized Courts or in the Dubai International Financial Centre, which also offers a legal system based on English common law. This means that foreign investors can determine how their Dubai real estate assets should be distributed after their death according to their home country’s laws if they wish, protecting their investments from forced distribution under Islamic law.

●Tax and Financial Planning

Although the United Arab Emirates does not impose inheritance tax, individuals who own assets in other countries may be required to pay estate taxes in their home countries. Registering a will allows a person to plan their finances better, both in the UAE and in their home country, to reduce tax liabilities. By registering a will, an individual can organize the distribution of their assets in ways that minimize potential tax costs for heirs. Additionally, One of the most benefits of registering a will is that it can include instructions on settling debts and financial obligations, ensuring that heirs are protected from unexpected liabilities. This is a significant benefit of registering a will.

●Benefiting from Legal Exemptions

UAE law grants numerous legal benefits to individuals who register their wills, particularly concerning the protection of their assets and investments. Registering a will can provide additional protection for financial assets, such as real estate and business investments, and ensures their distribution according to the individual’s wishes rather than following local laws that may lead to undesirable asset division. Furthermore, registering a will helps reduce legal and administrative costs associated with estate distribution. This is one of the benefits of registering a will that many people may overlook. For example, some costly judicial procedures can be avoided if the will is clear and precisely defined.

●Organizing Business Affairs

In cases where an individual owns companies or business ventures, registering a will can specify who will manage these businesses after their death. UAE law allows individuals to organize the transfer of company shares or business assets among heirs, ensuring business continuity and preventing unexpected liquidation or division. Article 245 of the Personal Status Law states that specific assets can be allocated to designated heirs without the need for automatic division of the estate. This assists business owners in planning effectively to ensure their businesses continue after their passing.

●Ensuring Personal Wishes Are Honored

Finally, one of the most important benefits of registering a will is that it provides individuals with peace of mind, ensuring that their wishes are executed accurately after their death. The will can include instructions regarding personal matters such as funeral arrangements, charitable donations, or designating properties for specific purposes. UAE law recognizes wills that encompass such arrangements and ensures their execution according to what is specified. This flexibility gives individuals the opportunity to ensure that their personal wishes will be respected and carried out after they are gone.

Frequently Asked Questions

1.What is the cost of a will in the UAE?

For a single will, the official fees at the Dubai International Financial Centre range from AED 5,000 to AED 10,000.

2.Is the approval of all heirs required for the will?

The approval of heirs for the will is not a condition for its validity, as long as the will is within one-third or less of the estate.

The benefits of registering a will carry dimensions that encourage many to commit to its registration due to its significance as a safety valve that ensures fair distribution of heirs’ rights and prevents disputes among beneficiaries. This aligns with the UAE’s ongoing efforts to elevate legal and societal resolutions to the highest levels.

Contact Us for Will Registration in Dubai

Our office specializes in providing comprehensive will registration services in Dubai, ensuring that your wishes are legally recognized. As a Private notary in Dubai, we have extensive experience in will registration and have helped many clients draft and register their wills, which are tailored to individual requirements and local regulations.
We seek to provide independent services along with wills in Dubai, UAE, contact us through the details provided on our Contact Us Page.