A Will registration in Dubai is a legal document; that is which decides how the cash and assets of an individual will be divided upon his death. It is a complex matter everywhere. However, for an expat in the UAE there’s added complications and potential pitfalls; if the disposition of the cash and the other assets are not addressed timely and efficiently by the testator.
If an expat dies without a Will registration in Dubai; then their surviving family can be thrust needlessly into the middle of a complicated and stressful legal process. That is by default (operation of law) the bank account of the deceased gets freeze immediately; dependent visas get cancelled, life insurance claims may go into covering the liabilities; or it is counted as part of property to be appropriated by the Local Courts as per the Local Inheritance Laws (Sharia Laws). A court case appealing the automatic appropriation of the estate of the deceased can take as long as five years; and result in massive legal payouts and bulk of lands might go to long family as per Sharia law.
What type of wills registration in UAE?
- Abu Dhabi Court Will – the Will is register with the Abu Dhabi Wills registry.
- Dubai Court Will – the Will is register with the Dubai Court Wills registry.
- DIFC Will – the Will is register with the DIFC’s Wills & Probate Registry (WPR).
Will registration in Dubai DIFC
DIFC wills are register in the DIFC’s Wills as well as Probate Registry (WPR); that is base in the DIFC Free zone; with an independent legal jurisdiction, complete with its own court system. The DIFC register Will is kept in a secure file for 120 years after your date of birth. DIFC Wills are also base on UAE’s personal status law and base on the UK’s common Law.
Kinds of will registration in Dubai DIFC:
Following are the kinds of Wills registration in Dubai DIFC:
Full Will registration in Dubai DIFC:
This will covers / govern the matters regarding the disposition of all the types of assets; that is Property, Business and the guardianship of the minor kids.
Guardianship Will registration in Dubai DIFC
This Will and succession planning in Dubai only allow the appointment of the guardians; that is for the minor kids who are habitually residing in the UAE.
Business Owners Will registration in Dubai DIFC
This type of succession planning in Dubai allows the nature of only the businesses; and the share holding in businesses to the exclusion of property and guardianship matters.
Property Will and succession planning in Dubai:
This type of a Will allow the disposition of only real estate property; to the exclusion of the businesses as well as guardianship matters.
Financial Will and succession planning in Dubai:
This type of a Will and succession planning in Dubai allow the disposition of the bank as well as brokers accounts; sole and joint, to the exclusion of the property, business and the guardianship matters.
Mirror Will and succession planning in Dubai
This type of a Will and succession planning in Dubai allow married couples to make virtually identical; where one person in a couple leaves their estate to the other in the event of their passing away.
Requirements for registering a will in DIFC
- The wills maker is not a Muslim and has never been a Muslim.
- The wills maker is over 21 years of age.
- Any children for whom the wills maker wants to assign custodians for must be usually resident of the UAE.
Registration of DIFC will and succession planning in Dubai:
The DIFC Will is register at the DIFC Wills Service Center upon the payment of Registration fee. The cost of registering a Will varies from one another depending upon what type of Will the testator requires to make; and the same can be share upon receiving the preferred Will option provided by the Testator.
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Enforcement of DIFC will and succession planning in Dubai:
Upon the demise of the Testator, the executor of the Will requires to obtain the Probate Order from the DIFC Courts to allow him to administer the estate of the deceased. The process of obtaining the Probate Order takes up to 3 to 4 weeks. Once the probate order is obtain; then the Executor is free to administer the estate of the decease in accordance with the terms of the DIFC Courts Will.
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