Elnaggar & Partners offers tailored UAE Wills for individuals, families, and business owners. With over 13 years of experience, we understand the unique challenges of managing local and international assets. Our expert team will ensure testator’s wishes are clearly defined and legacy is protected with our bespoke Wills & Probate services.
Expert Guidance for All Expatriates:
- We specialize in UAE inheritance laws for both Muslim and non-Muslim residents/non-residents to assist for Wills & Probate in the region
- Leverage our knowledge of DIFC/ DUBAI COURT/ ADJD Wills, Foundations, SPVs, and offshore structures to safeguard testator’s family and assets.
- Our lawyers have extensive experience in estate administration and resolving Will and Estate matters.
Trusted Partner at Every Step:
- Our lawyers are registered with esteemed regulatory bodies, ensuring compliance with UAE regulations.
- We have a proven track record of successfully registering Wills and handling probate procedures.
- Our team of authorized Wills Draftsmen, and UAE estate planning lawyers, provide expert counsel tailored to testator’s specific needs.
Our Services:
- Drafting and registering all types of DIFC Wills: Property Will, Guardianship Will, Business Owner Will, Financial Assets Will, Cryptocurrency Will and Full Will (individual or mirror)
- Drafting and registering ADJD Wills
- Drafting and registering Dubai Court Wills
- Incorporating DIFC, ADGM and RAKICC foundations
- Administering the Deceased’s Estate in the UAE
- Obtaining a Grant of Probate/Succession Certificate
- Drafting and registering UAE power of attorney
Trust Elnaggar & Partners to craft a comprehensive UAE Will that reflects testator’s wishes and protects his loved ones. Our estate planning experts will answer your questions regarding Wills & Probate, explain the different Will options, and guide you toward the best solution for your situation. Reach out to us at info@elnaggarlegal.com
Frequently Asked Questions
1. What is a Will, and why do I need one in the UAE?
A Will is a legally binding document that designates the individuals or entities who will inherit testator’s property and assets after his death. In the UAE, having a Will is crucial, particularly for expatriates, as it ensures that testator’s assets are distributed according to his wishes, navigating the complexities of UAE and Dubai Will regulations.
2. Is it necessary to register the Will in the UAE?
Yes, it is necessary to register a Will in the UAE to ensure its legal validity and enforceability. While a Will must be in writing, signed by the testator in the presence of witnesses, and meet other formal requirements, registration with an authorized body is crucial to guarantee that the Will is recognized and can be executed according to the testator’s wishes.
3. Who can make and register a Will?
Anyone aged 21 or above, of sound mind, whether Muslim or Non-Muslim, resident or non-resident, can make and register a Will in the UAE. Registration is done through official bodies like DIFC Wills Service Centre, Abu Dhabi Judicial Department, or Dubai Courts, ensuring the Will is legally recognized and enforceable across the UAE
4. Where can we register the Will in Dubai or the UAE?
You can register the Will at the Registrar's office in your district. Therefore, expatriates have several options: they can register their Wills with the Dubai Courts, the Dubai International Financial Centre (DIFC) Wills Service Centre, or the Abu Dhabi Judicial Department (ADJD). Each of these platforms provides different options tailored to the needs of non-Muslims, ensuring that their Wills are recognized and enforced in accordance with UAE law.
5. Is Stamp Duty payable on Wills in Dubai or the UAE?
There are no stamp duty requirements for a Will. Registration fees and administrative costs apply for Will registration, but there is no specific "Stamp Duty" levied on Wills themselves.
6. What are the mandatory statutory payments to be made for registering a Will in the UAE?
The primary mandatory payments for registering a Will in the UAE are government registration fees, which vary by jurisdiction. Additional costs may include legal drafting fees and translation charges, but these are not statutory requirements.
7. What are the documents required for the registration of a Will in the UAE?
The specific documents vary slightly by jurisdiction and type of the Will (DIFC, ADJD, Dubai Courts), but the core requirements are consistent
Testator Identification:
- Valid passport (copy and original for verification).
- Emirates ID (for residents, if applicable)
Beneficiary, Executor and Guardian (if appointed) Details:
- Full names, relationships, and contact information of all beneficiaries.
Asset Documentation:
- List of assets (e.g., property deeds, bank statements, investment portfolios).
Will Draft:
- Professionally drafted Will in English or Arabic (depending on jurisdiction).
- Certified Arabic translation if submitted to ADJD or Dubai Courts.
Witnesses:
- Two adult witnesses (non-beneficiaries) must attend registration and sign (depending on the jurisdiction).
- Witnesses’ ID copies (passport/Emirates ID) may be required
8. Is a prior appointment required for registering a Will in the UAE?
Appointments are mandatory across all UAE jurisdictions for Will registration. The process is streamlined for DIFC and ADJD, with fully virtual options available, while Dubai Courts may require in-person steps.
9. What is the process of registering a Will in the UAE?
The process varies slightly between jurisdictions (DIFC, ADJD, Dubai Courts) but generally follows these steps:
- Choose the Registration Authority.
- Gather Required Documents.
- Draft the Will with legal assistance, ensuring compliance with local rules.
- Submit documents, book the appointment.
- Pay fees.
- Attend the appointment (virtual or in-person).
- Retain the authenticated Will for probate purposes
10. What are the benefits of registering a Will in Dubai or the UAE?
Registering a Will in the UAE ensures testator’s assets are distributed according to his wishes, bypasses default Sharia inheritance principles, safeguards guardianship arrangements for minor children, and provides a legally binding framework to prevent family disputes, offering peace of mind and clarity for testator’s beneficiaries.
11. How do UAE inheritance laws affect expatriates?
UAE inheritance laws vary for Muslim and non-Muslim residents. For Muslims, Sharia principles generally applies, while non-Muslims can choose the law of their home country.
12. What happens if I don't have a Will in the UAE?
In the absence of a valid Will in the UAE, the distribution of testator’s estate will be governed by default inheritance laws: under the 2023 legal reforms, non-Muslims are subject to a statutory allocation—50% to the surviving spouse and 50% equally among children—while Muslims remain subject to mandatory Sharia principles with predetermined shares. This may lead to frozen assets, court-appointed guardianship, prolonged probate proceedings, and potential disruption to business continuity.
15. Can I include a charitable donation in my Will?
Absolutely, testator can allocate part of his estate to charitable causes in the Will. Our team can help drafting a Will that specifies the charities testator wishes to support, ensuring that his philanthropic goals are honoured.
16. How often should I update my Will?
It’s advisable to review and update the Will whenever significant life events occur, such as marriage, divorce, the birth of a child, or acquiring new assets. Regular updates ensure that the Will remains accurate and reflects current circumstances and wishes.
17. Are there any restrictions on what I can include in my Will in the UAE?
While testator has a broad discretion in drafting the Will, certain restrictions apply, particularly concerning family obligations and dependents. Our legal experts can guide on what can and cannot be included in the Will to ensure it complies with UAE laws.
18. Can my Will be challenged in court?
Yes, a Will can be contested in court, especially if there are concerns about its validity, undue influence, or the mental capacity of the testator. Our experienced lawyers can help drafting a robust Will to minimise the risk of challenges.
19. What is the role of an executor in my Will?
An executor is a person appointed in the Will who is responsible for managing and distributing testator’s estate according to his wishes. Their duties include gathering and valuing testator’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries as specified in the Will. The executor also ensures that all legal and administrative procedures are followed throughout the process.
20. How do I start the process of drafting a Will in Dubai or the UAE?
To start drafting a Will, simply contact us at info@elnaggarlegal.com. Our team will guide you through the entire process, from understanding your needs to drafting and registering, your Wills in the UAE.
21. Why should I choose Elnaggar & Partners for my Will and probate needs?
With over 13 years of experience, Elnaggar & Partners is a trusted partner in UAE estate planning. Our team, including registered Wills Draftsmen, provides tailored solutions for Will Drafting services. We are registered with esteemed regulatory bodies and have a proven track record of successfully handling Wills in the UAE. Our registered Wills Draftsmen ensure testator’s legacy is protected with the highest level of expertise.
