What Are the Legal Requirements for Drafting a Will in Dubai?

 Drafting a will in Dubai is a critical legal step for both residents and expatriates to ensure that their assets are distributed according to their wishes after death. The process is governed by UAE laws, and consulting experienced lawyers in Dubai is essential to ensure that the will complies with local regulations and protects your estate.

For expatriates in Dubai, there are two main options for drafting a will: under UAE law (Sharia law) or through the DIFC Wills and Probate Registry, which follows common law principles. The choice of legal framework depends on the individual’s preferences and the complexity of their assets and family situation.

When drafting a will under UAE law, it's important to note that Sharia law generally governs inheritance matters for Muslims, which means that assets are distributed according to predetermined shares among family members. However, non-Muslim expatriates have the option to draft a will that reflects their own wishes regarding asset distribution, guardianship of children, and other personal matters.

For non-Muslims, the DIFC Wills and Probate Registry offers an alternative that allows the will to be governed by their home country’s laws, giving them greater control over how their assets are distributed. This system is particularly beneficial for expatriates who wish to avoid the automatic application of Sharia law to their estate.

The key legal requirements for drafting a valid will in Dubai include:

  1. Written Will: The will must be in writing and clearly state the individual's wishes regarding the distribution of assets, guardianship of children, and other instructions.

  2. Legal Capacity: The individual must be of sound mind and legal age (18 years or older) at the time of drafting the will.

  3. Witnesses: The will must be signed in the presence of two witnesses who are not beneficiaries.

  4. Registration: To ensure the will is legally enforceable, it must be registered with the appropriate authority, such as the DIFC Wills and Probate Registry or the Dubai Courts.

Engaging lawyers in Dubai is crucial in ensuring that the will is properly drafted, executed, and registered. They can guide you through the process, ensuring that your assets are protected and your wishes are legally binding after your death

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