Non-Muslim wanting to make a will seeks clarification
With the will, can I leave my assets to someone other than spouse, children, he asks
Question: I am a non-Muslim and I want to make a will to include names other than my wife and children. Do I have the legal right to do so? Will the will be ratified by the court? Can it be implemented after death? What are the legal procedures that must be followed?
Answer : A non-Muslim may leave a will with all of his assets in the UAE to any person of his/her choice according to Article 11 of the Federal Law No. 41 of 2022. The Personal Status Law for Non-Muslims states that “the foreign testator has the right to leave a will to whomever deemed adequate, concerning all the assets belonging thereto in the state. Based on this, you have the right to make a will to anyone other than your wife and children. It will be ratified by the Dubai Courts and also implemented after the death of the testator.
Procedures to register and ratify the will are as follows: You have to submit the application via the Dubai Courts website (The Notary Public). There is a form that should be completed. The employee in charge will check the application for approval or amendment. An SMS message will be sent to you informing you of the approval or the need to modify the application. You then have to pay the fees and book an appointment to notarise the will via a video call or as the notary public requests.
Article 11 of the above mentioned law sets forth rules for the distribution of inheritance in the absence of a will in which it stipulates the distribution of inheritance among surviving family members, taking into account spouses, children, parents and the testator’s brothers and sisters where it shall be divided on equal basis without differentiation between males and females.