Expatriates residing in the UAE typically want to know whether a will executed in their home country provides any protection for their properties and assets in the UAE. The UAE’s legal framework outlines how foreign wills should be applied in the UAE for non-Muslims to understand. The present article, therefore, provides non-Muslim owners of property in the UAE, who hold assets in both local and foreign locations, with basic legal frameworks and requirements regarding the effectiveness and enforcement procedures governing foreign wills in the UAE.
Does a Foreign Will Cover Assets in the UAE?
Yes, a will made in your home country may cover your assets in the UAE, provided certain legal conditions are met. However, there is no automatic procedure. Once again, the foreign will would be recognized and enforced by the courts of the UAE on the condition that it meets the requirements set forth in accordance with UAE laws, especially Federal Decree Law No. 42 of 2022 (UAE Civil Procedures Code).
Legal Frameworks That Apply
For non- Muslim will made in home country will be governed by the following legal UAE Frameworks:
- Federal Decree Law No. 42 of 2022 (Civil Procedures Code)
- Federal Decree Law No. 41 of 2022 on Civil Personal Status
- Dubai Law No. 15 of 2017 – Relating to the Administration of Estates and Execution of Wills of Non-Muslims in Dubai
- DIFC Wills and Probate Registry Rules (WPR)
- ADGM Courts Wills Regulations
Conditions for Enforceability of Foreign Wills in UAE
As per Article 222 of the UAE Civil Procedures Code, a foreign judgment or will can be enforced in the UAE provided the following conditions are fulfilled:
- Jurisdiction: The UAE courts have no exclusive jurisdiction over the subject matter. The foreign court must have valid jurisdiction under its own rules.
- Valid Judgment: It must be a will from a court or authority legally competent to do so, and the judgment must be conclusive and enforceable, i.e., not under appeal.
- Proper Notice: All the parties concerned have to be duly summoned and properly represented.
- Res Judicata: The foreign judgment must have the force of res judicata. It should be final and conclusive. Proof of finality must be provided, for instance, by a certificate.
- No Conflict with UAE Law: Foreign Will or Judgment should not oppose UAE public order or morals nor conflict with any judgments existing in UAE.
You may want to know: Why Expats in UAE Must Have a Will To Avoid Legal Complications
Steps to Enforce a Foreign Will in UAE
- Notarize and Legalize the Will: The Will is to be properly notarized in the home country. Thereafter, it must be completely legalized, which includes the attestation from the Ministry of Foreign Affairs of your country and also that of the UAE Embassy located at your home country.
- Attestation of UAE: The will, once in the UAE, must be attested by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC).
- Translating into Arabic: It has to be translated legally into Arabic by a certified translator and then attested by the UAE Ministry of Justice.
- Prove to Court of the UAE: The translated and attested will is ready to be presented to the Personal Status Court in any emirate where the property is situated for purposes of probate and execution.
Alternative: Register a Local Will in the UAE
Many expats choose to register a separate will in the UAE instead of enforcing a foreign will because it simplifies the process. Non-Muslims in the UAE can register their will through the following frameworks:
- The Federal Decree Law No. 41 of 2022 establishes the rules for civil personal status inheritance matters that affect non-Muslims.
- Dubai Law No. 15 of 2017 provides non-Muslims who own assets in Dubai with a defined legal process to register wills and establish estate plans.
- The DIFC Wills Service Center functions as an independent common law jurisdiction which provides non-Muslims with will registration and probate services.
- The ADGM Courts based in Abu Dhabi operate as a common law jurisdiction that delivers the same services as DIFC does for residents of Abu Dhabi.
The local options create a straightforward probate process which ensures your UAE assets will be distributed according to your wishes.
You may want to know: Non-Muslim expats: How to get a will for assets in the UAE
Key Legal Considerations
- Timeliness: Probate and enforcement procedures take time. This can help prevent complications for your beneficiaries and can help you avoid delays in the process.
- Dual Wills: If you have property in both your home country and the UAE, you may want to make two wills—one for each country. This helps to prevent legal issues between jurisdictions.
- Legal Advice: You should always seek advice from a UAE lawyer and a lawyer from your home country to make sure that the will you are making is in compliance with the laws of both jurisdictions.
Conclusion
In general, a foreign will can cover the assets located within the UAE, but it has to be in conformity with the legal and regulatory frameworks of the UAE. Or, if you are a non-Muslim, making a local will in the UAE would be a quicker and safer option.
How HHS Lawyers in Dubai Can Assist You
At HHS Lawyers in Dubai, our estate lawyer in the area of wills, inheritance and probate for non-Muslim expatriates in the UAE. No matter whether you require assistance in enforcing a will abroad or making a new will that is in conformity with the UAE laws, our Dubai lawyers will ensure that your assets are well protected and your loved ones are well taken care of.
Please contact us for wills and estate planning advice in the UAE.
