Legal guides written by Dr. Hassan Elhais:
- The Legal Principle on Spousal Maintenance was set by the Court of Cassation.
- UAE Tightens Rules on Underage Marriage Approvals: A Structured Legal Analysis
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Legal guides written by Dr. Hassan Elhais:
The Dubai International Financial Centre (DIFC) Wills and Probate Registry (WPR) govern wills and testament law in Dubai, for non-Muslims who own assets in the Emirates. Under Sharia law, which governs inheritance matters for Muslims, the distribution of assets is fixed, and typically, male heirs will receive a larger portion than female heirs. However, the Wills Service of DIFC allows non-Muslims who own assets in Dubai to pass on their property and/or appoint guardians for their children, according to their wishes.
Engaging a lawyer is critical in drafting a Will & Testament to ensure the document is legally valid, precise, and covers all necessary aspects of your estate. Lawyers with expertise in the UAE's legal system can guide you on how to conform to local regulations, avoid common pitfalls, and ensure a fair distribution of your assets. In situations involving complex estate matters, such as diversified assets, considerable debts, or potential disputes among heirs, a lawyer can provide requisite guidance and expertise.
For non-Muslims, the Wills Service Centre provides options for a full Will, a guardianship Will, or a property Will under DIFC laws. These wills are recognized by the Dubai Courts, and must be written in English. At least two witnesses are required during sign-up. Note that Sharia law applies if there is no valid will in place at the time of death. For Muslims, the distribution of assets is governed strictly by Sharia law. It is essential to adhere to these laws to ensure the legitimacy of your Will & Testament in Dubai.
Yes, foreigners can make a will in the UAE, encompassing assets owned within the country. However, they should consider doing so with the Wills Service Centre to ensure it is administered under DIFC courts, rather than under Sharia law, which is the default law in the absence of a will.
It is highly recommended to engage a lawyer for drafting a will. It is a complex process that requires knowledge of the local legal system. Mistakes can not only result in dispute but may also make the will invalid.
Yes, you can specify the appointment of a guardian for your minor children in your will. This eliminates uncertainty regarding their care in the event of your untimely demise.
If a foreigner owning assets in Dubai predeceases without leaving a recognized will, these assets will be distributed according to the principles of Sharia law.
While a will made in your home country can be helpful, it may not fulfill the necessity to have a will in Dubai. It is recommended to have a separate will made under the DIFC for your assets in the UAE.
For legal assistance, consider the Dubai International Financial Centre's Wills Service Centre and Local UAE courts. You can also seek advice from the UAE's Ministry of Justice and reach out to professional legal consultancies and law offices specializing in Dubai inheritance law.
If you need assistance with drafting a will, consider contacting a lawyer or legal firm that specializes in Wills & Testaments in Dubai. Schedule an appointment to discuss your specific needs, questions, and concerns regarding your assets. It's essential to prepare your key documents, compile an inventory of your assets, and identify your benefactors before your interaction with the lawyer.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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