Question: I am a non-Muslim man. Two years ago, I made a will for my wife with all my money, and I authenticated the will before the competent authorities. Recently, I have divorced my wife and want to cancel the will. My question: Do I have the legal right to cancel the will and make a new will for my children, and also attest it before the competent authorities, and what are the legal procedures necessary for that? Does my ex-wife have the legal right to object the cancellation of the will, knowing that she has an original copy of the will? Please advise
Answer: You have the right to revoke your will and to attest it even if your ex-wife doesn’t accept this. The cancellation is better to be done in front of the authority you had made it, weather in front of the Notary Public of Dubai Courts or the DIFC through an application of cancellation. After revoking a will, the testator can make another will in its place, or not write a will at all.
Article (29) of the Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) Of 2022 on the Civil Personal Status, regarding the Lapse of the Will, states the cases by which the will shall lapse and in:
- Where the Will is revoked by the testator, provided that this revocation shall be registered on the Register.
- Where a new will that contradicts the original will is registered.
- Where the testate property is disposed of in a manner that involves transfer of ownership.
- In the event of death of the beneficiary of the will during the lifetime of the testator.
- In the event of destruction of the testate property.
- Where the testator becomes bankrupt during his lifetime.
- In the event of renunciation of the will by its beneficiary or his guardian.
- Where the testator is killed by the beneficiary of the will.
