Who has the legal right to make a will in the UAE?
A look at the procedure for making and implementing a will
Question: I am a non-Muslim man and I have a wife and two children. Do I have the legal right to make a will, as I want to give all of my property and shares in the company to my wife only. Can the will be authenticated before the official authorities? What is the legal procedure for making and implementing such a will?
Answer: You certainly have the legal right to make a will and leave all your shares solely to your wife.
Such a will can be registered through the Notary Public at Dubai Courts and DIFC Courts in the registers that are prepared for this purpose.
You can cancel or revoke, change or add to your will at any time during your lifetime, as long as you are still of sound mind.
The will will be ratified automatically and be able to be executed after death. All wills that are made in the UAE must undergo probate. Through the process of probate, the court reviews the instructions in the will and ensure that they are rightly executed.
Article 11 of the Federal Law No 41 of 2022 regarding Personal Status Law for non-Muslims gives the foreign testator the right to leave a will to whomever deemed adequate, concerning his/her assets and defines the situations of its absence.
The foreign testator has the right to leave a will to whomever deemed adequate, concerning all the assets belonging thereto in the state.
In case of absence of a will, then half of the inheritance shall be entitled to the husband or wife and the other half shall be equally distributed among the children with no difference between males and females.
In case the deceased has no children, then the inheritance shall equally belong to the parents thereof, or half of such inheritance shall be transferred to one the parents in case the other one is not present and the other half shall be granted to the siblings.
In case of absence of the parents, then the inheritance shall be equally distributed between the siblings without distinction between males and females.