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Question: I am a non-Muslim with a wife and two children. I am also a partner in a 40% private company. Do I have the right to make a will for my wife? What is the process for ratifying this commandment? If I die, will my wife have the right to enter the UAE under this will?
A: Non-Muslim expatriates in the UAE can register their wills with the DIFC Courts of competent jurisdiction in the UAE, the Abu Dhabi Judiciary (for Abu Dhabi residents only), the Notary Public – Dubai Courts or the DIFC Wills Service Centre. The execution of the will will be in writing, using meaningful verbal expressions or intelligible symbols if the testator is unable to write.
Wills may be made for named or unnamed persons; living persons established or unborn infants; or identified or unidentified groups, and may be made for charitable purposes. The wording of a will can be non-restrictive or restrictive. A will can state that it will take effect at a future date and may be conditional on fulfilling any requirements or as the case may be. Also, a will may apply to the entire estate or any part of it.
Related Laws
Section 6(a) of the Dubai Wills Law states: “The Dubai Courts and the DIFC Courts have established a register called the ‘Non-Muslim Wills Register’ for the registration of non-Muslim wills.
Section 11(1) of the Abu Dhabi Non-Muslim Personal Status Law states: “Foreigners [non-Muslim] Can leave all his/her assets in the UAE to whomever he/she chooses. “
Furthermore, Article 13 of the Abu Dhabi Non-Muslim Personal Status Law addresses the registration of wills with the Abu Dhabi Judiciary. Under the above-mentioned laws, you have the right to make a will for your wife for all your property and assets in the UAE and have the right to register it with the UAE Courts in Dubai or the Dubai International Financial Centre.
Your wife, as the legal heir, has full rights to inherit the company and the assets you own upon your death. Ownership of testamentary property, assets, etc. will pass to the beneficiaries of the will by order or judgment of the competent court.
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