I. FOR UAE CITIZENS
The UAE’s Federal Decree-Law No. 41 of 2024 is a Personal Status Law laying down detailed provisions for UAE citizens if the party in the personal relationship is a Muslim. Although the law provides for comprehensive provisions covering various aspects, it allows judges to implement Sharia Law while deciding a case not covered under the Provisions. The Law also provides detailed provisions for Wills.
Definition of Will & its Execution
-A will takes effect upon the death of a testator and can be absolute, restricted or subject to valid conditions.
-The will can be formed through a written document, verbal communication, or signals in cases where the testator is unable to speak or write.
-The will is executed within the limits of one-third of the estate of the testator and any excess requires the consent of the legal heirs.
-A will made before a competent authority can only be amended or revoked through the same process.
-The validity of the will depends upon its compliance with the provisions of the law, public order and morals.
Mandatory will (Al-Wasiya Al Wajibah)
– A mandatory will is a provision created for a testator’s son’s children or daughter’s children in case such son or daughter has passed away.
-Such grandchildren are entitled to their share by what they must have been awarded had their parents not pre-deceased the ascendant.
-However such mandatory will shall not be applicable if such share was awarded to the grandchildren by the ascendant before his death.
Rights of Devisees, Heirs and Non-Heirs
-Article 181 of the law provides that a Devisee may be a specific living individual or a foetus, a limited or unlimited category, a charity cause, a mosque or endowment or a legal person permitted by law to accept wills.
-A will only becomes effective upon acceptance of the will by the devisee wherein the devisee has the right to reject the will subject to conditions provided in Article 186.
-Article 182 provides that a will is valid even if there is a difference in persons’ religion, whether they are spouses, relatives, or others.
-A will cannot be made to an heir except when the same is approved by other adult heirs. Such will shall be enforceable from the share of the consenting adult and not others.
Nullification of Will
A will can be nullified in the case:
– Revocation by testator through word or deed,
– Death of specified devisee before the testator,
– Devisee’s rejection of the will after the death of the testator,
– Testator’s murder by Devisee, and
– The specified bequest is destructed or legally belongs to a third party.
II. WILLS FOR NON-MUSLIMS AND FOREIGNERS IN THE UAE
The inheritance of an expatriate in absence of a will was earlier regulated by the Personal Status Law of 2005 and Civil Transaction Law of 1985 which used to result in the application of the Sharia Law to the process of inheritance.
Amendment To Personal Status Law in 2020
The UAE government with the objective to attract the best talent across the world took a major step to ensure the distribution of the property of an individual is as per the law of his or her native country.
In 2020, the UAE government introduced Federal Decree Law to amended the 2005 Personal Status Law making several revolutionary changes to the inheritance laws of the UAE. This law was aimed to attract foreign workforce and to respect the diverse demography of the UAE which constitutes 88% foreign nationals.
The amendment allowed the use of the law of the testator’s state at the time of his or her death. Even if the expatriate leaves no will to this effect, the amendments have mandated the application of the native law of such a person. The amended law provides that the expatriates can choose to apply the law of their own country to the inheritance process subject to a few provisions of the Civil Transaction Law. The personal law of the foreign country to deal with inheritance will only be applicable if it is not against the public policy or morals of the UAE.
Registration of Wills
The Federal decree 29 of 2020 mandated the respective Emirates to create a specific registry named “Non-UAE National Wills”. Dubai for instance has the Dubai International Financial Center (DIFC) which allows expatriates to register their wills with the center which ensures an effective mechanism providing speed, efficiency, and certainty of judicial enforcement of these wills. On the other hand, Abu Dhabi through its Abhu Dhabi Global Market (ADGM) courts offer services for registration of non-Muslim wills.
For more information, you may contact:
Thomas Paoletti
Francesca Romana Valeri
Fauzia Khan
