Understanding Bail in the UAE: Your Rights, the Process & How Alqada Assists

17 July
0 Comment

In Dubai, having a will isn’t optional if you want a say in who gets your assets. Without one, the courts apply UAE laws by default - often following Sharia rules, which might not match what you had in mind. This applies whether you’re a local or an expat. That’s why it’s important to know the process and have your will officially registered.

Why Work with Alqada Claim Recovery Services?

Alqada supports clients with will preparation in Dubai, making sure everything meets legal standards. We work with local legal advocates and legal consultants to handle the details and help prevent issues later on.

Understanding the Law

In the United Arab Emirates, inheritance matters, fall under Federal Law No. 5 of 1985 (the Civil Transactions Law). Muslims are given inheritance according to Sharia law. Non-Muslim residents, however, are given the choice to use the laws of their country of origin - but only if they have a will that is written accurately and registered.

New regulations in the UAE’s Personal Status Law in 2020 allow non-Muslim people to use this choice as long as they comply with the requirements of the process. A qualified lawyer in Dubai that is familiar with your will can check if it is consistent with court and registration standards particularly at places like the DIFC Wills Service Centre.

Where Can You Register a Will in Dubai?

Non-Muslim residents generally choose between two authorities:

DIFC Wills Service Centre: This option operates under common law principles and is suitable for wills covering assets in Dubai.
Dubai Courts: Wills filed here must comply with UAE personal laws. Careful drafting is critical to ensure the will is recognized.

Choosing the right authority depends on your situation. It’s wise to seek advice from a legal firm in Dubai before making a decision.

What Should a Will Include?

A legally sound will in Dubai should clearly identify:

The assets covered - real estate, bank accounts, shares, etc.
The beneficiaries entitled to those assets.
The executor who will manage the distribution.
Guardians for any minor children.

A well-drafted will minimizes the risk of disputes. Legal consultants and advocates in Dubai can help draft a document that meets every requirement.

Why Professional Drafting Matters

It is possible to write your own will, yet very small wording or format errors can lead to trouble in the future - or even rejection by the courts. This is why it would be logical to leave it to a professional, a legal lawyer, and with experience in dealing with family and civil laws. A properly drafted will also helps avoid disputes between beneficiaries later on.

Signing and Witnessing the Will

In order for a will to be legally enforceable in Dubai, it has to be signed before authorized witnesses. The signing processes and the number of witnesses can differ based on whether the will is registered with the DIFC Wills Service Centre or Dubai Courts. Both authorities have their own formalities, and even a slight mistake- such as the use of unqualified witnesses or the omission of adhering to the correct format- can make the will invalid.

Due to this, it's highly recommended that a Dubai legal expert be in charge of the signing procedure. This guarantees that all witnesses have been attended to, signatures are placed properly, and the will stands if ever challenged. Law firms in Dubai usually incorporate this into their will drafting services in most situations, so it becomes easy and risk-free for the client.

The Registration Process

Once signed, the will needs to be registered for it to be legally binding. The DIFC Wills Service Centre requires you to book an appointment for the official signing and registration in front of their officers. This step finalizes the will under DIFC jurisdiction.

On the other hand, if registering with Dubai Courts, the process may include notarization, attestation, and in some cases, certified legal translations of the document, especially if it’s not drafted in Arabic.

Dubai advocates and legal consultants are the ones who mostly take care of these formalities when they represent their clients. Therefore, they make sure that all the legal necessities have been fulfilled by them doing everything from document preparation right up to appointment booking, thus, no case of delay or non-acceptance of the will from the authorities can occur.

Reviewing and Updating the Will

A will is certainly not a draft sometime and leave it product. The will normally needs to be revised after the occurrence of common life events like getting married, divorced, a child is born, new property is purchased, or there is a change in the financial status of the person. When changes in your life are not consistent with changes in your will, the document may no longer be what you actually wanted, which might lead to confusion, a debate, or even a legal case in the future.

Just in case you have not updated your will according to the changes in your life, then it is still advisable that you should review it frequently as well. The laws and the regulations are subject to changes and what was legal previously may require some modifications to be aligned with the current legal norms in Dubai.

A periodic review with a reputable legal advisor in Dubai can make your will current, valid and the desires of your person and the law taken into account. An easy, brief investigation will assist you to evade costly errors or unforeseen impacts on your heirs.

Many legal firms in Dubai suggest that you should go over your will every couple of years or when a big change in your personal or financial life has happened. This step, which can protect your interests if still very necessary, is luckily very easy to do.

Common Misunderstandings

“My home country laws will apply automatically.”
They won’t - unless you have a registered will stating this.
“I only need a will if I have a large estate.”
Not true. Even modest assets or the care of children are good reasons to have one.
“Criminal lawyers don’t handle wills.”
Actually, many Dubai lawyers deal with inheritance and family law matters as part of their broader legal practice.

Conclusion and Call to Action

In order to ensure that your will is valid in Dubai, you must take the correct legal procedure, i.e. you must know the rules, you must prepare it correctly and you must register it. The collaboration with the reputable legal advisors aids you in covering all the steps and misconceptions.

How Alqada Supports You

Alqada Claim Recovery Services offers end-to-end support for will preparation and registration in Dubai. Our team handles everything - drafting, legal review, and registration- to help you comply with local laws and protect your assets.

Get in touch with us to arrange a consultation.