Dubai Law No. (15) of 2017 regarding the Administration of Non-Muslims’ Legacy and Federal Decree-Law No. (41) of 2022 on Civil Personal Status outline the regulations and requirements for the registration and verification of wills for non-Muslims in the emirates of Dubai.

Article 11 of the civil personal status law permits individuals to nominate beneficiaries for their estate within the UAE, depending upon the stipulations outlined in the executive regulations. In the absence of a valid will, Article 11(2) stipulates that inheritance shall be allocated, with 50% allocated for the surviving spouse and the remainder distributed equally among the children.

However, unless otherwise specified in a registered will, the aforementioned law’s Article 13 (3) outlines the exception criteria, which state that exceptions may permit foreign heirs to apply the inheritance laws of their home country. Additionally, Article 13 outlines the registration procedures for wills, emphasizing the significance of registering them in a specific register as prescribed by executive regulations. Under Article 13 (2), the spouses may be allowed to specify their estate distribution during the time of their marriage by completing a will registration form. 

Dubai Law No. 15 of 2017 applies to non-Muslims residing in Dubai, including those within the Dubai International Financial Centre (DIFC). This law guarantees the administration and execution of all non-muslim wills and legacies in accordance with its principles. Furthermore, Article 4 of this law deals with specific situations such as real estate management in Dubai and the validation of bequests made by non-Muslims.

Under Article 6 of Dubai Law No. 15 of 2017, the non-muslim wills and probate registry was established, and it operates within the Dubai Courts and the DIFC Courts. This non-muslim wills and probate registry is important for ensuring the validity and enforceability of registered wills. Further, the law states that testators are required to meet some legal requirements in order to qualify for registration.  The legator must sign the will in the presence of two witnesses, be non-Muslim, adhere to the law’s prescribed conditions, appoint an executor, and determine the method of bequest disposal.

In order to protect the confidentiality of the testamentary process, Article 8 specifies some requirements for registering wills in the authorised registry. These requirements include assuring the testator’s ability, prohibiting unauthorized influence, and compliance with morality and public order. Additionally, the appointment of an executor is mandatory to oversee asset distribution according to the testator’s wishes. In accordance with Article 12 states that within a particular time and conditions, the beneficiaries may have the right to accept or reject a registered will. These provisions are made to protect minors, incapable individuals, and designated organisations, ensuring a transparent and reasonable process of estate distribution.

In addition to this, the execution of a will may necessitate a written court order from the competent court upon registration, particularly when the will is registered in the designated registry in accordance with Article 18. This guarantees that the distribution of assets and the execution of the testator’s wishes are controlled by judicial review, therefore protecting the interests of all parties involved.

The competent court may have the authority to appoint an administrator to manage the testator’s estate. Administrators are obligated to supervise asset distribution, pay liabilities, and ensure the terms outlined in the will are followed. Furthermore, the competent court has the authority to make decisions related to the distribution of legacy funds. Which can include settling debts, distributing assets to beneficiaries, or temporarily holding shares until final decisions are made.

Non-muslims managing estates and wills in Dubai must understand the relevant laws. Following these rules and consulting a qualified lawyer, non-muslims may execute their testamentary wishes in the emirate.

Disclaimer: