What is the value of my will in the UAE and Dubai?
A lot of expats in the UAE are wrongly informed about setting up their will. People that I know have sought advice from lawyers, who have provided the wrong information. This is mainly because there is no immediately consequence until the will is executed.
I will try to inform in my blog the correct information which applies to expats in the UAE and will help expats to correctly set up a will.
HH Sheikh Maktoum Al Maktoum President of the DIFC has provided the legal basis required for the Establishment of the DIFC Wills and Probate Registry (for non-Muslims). He has passed a resolution. The result of this Resolution is that:
1) DIFC has introduced a short form Will which the Testator can adopt purely for his / her Dubai assets and which will be construed under the DIFC laws (which adopt Common Law standards) and provided that the Testator is a non-Muslim;
2) Upon unfortunate demise, the Wills, will be probated through the DIFC Courts;
3) The DIFC Courts’ judgments will be immediately executable upon Government Departments and Banks in Dubai although we would imagine that initially this process could take a bit of time say a few months, but it will still be much shorter than having to file an appeal at the Dubai Courts against the Sharia Succession Order.
DIFC fees for registration of a Will are Dhs 10,000 a Will and Dhs 15,000 for mirror Wills (2) for a couple. The DIFC Courts through their newly formed Dispute Resolution Authority announced that the Resolution has been implemented as from 1st May 2015. Their website has now gone live as at 31 March 2015.
For Muslims that have assets in Dubai and UAE this still means that they must follow the sharia law. No matter what a lawyer or legal consultants tells you, if you are a Muslim in the UAE the Sharia will apply to you upon death. How are things arranged in Sharia law? I will give 2 scenarios:
Scenario 1: The man passes away and the wife and children survive
-1/8 of the assets go to the wife
-The mother and father of the husband will receive 1/6 of the assets
-The rest will go to the children and the son(s) get double the amount than that daughter(s) get
Scenario 2: the man passes away and there are no children
-The wife will get 1/4 of the assets
-The mother of the husband will get 1/3
-The father of the husband will get the rest
Posted on Sun, October 25, 2015
by Simon Snelder filed under