Wills in Abu Dhabi ensure your assets are distributed according to your wishes after your passing. Our guide explains what a will is, who can create one, why it’s necessary, how to draft it, and the costs involved. It also covers the legal requirements for non-Muslims and Muslims, registration processes, and common mistakes to avoid.
What Is a Will in Abu Dhabi?
A will in Abu Dhabi is a legal document that outlines how a person’s assets are distributed after death. It names an executor to manage the estate and ensures compliance with UAE laws. For non-Muslims, wills follow Federal Law No. 28 of 2005, while Muslims adhere to Sharia principles unless specified otherwise. Wills cover property, bank accounts, and guardianship for minors.
Who Is Eligible to Write a Will in Abu Dhabi?
Anyone over 21 with assets in Abu Dhabi is eligible to write a will. Non-Muslims and Muslims can draft wills, but non-Muslims have more flexibility under the Abu Dhabi Wills Registry for Non-Muslims. Eligibility requires mental capacity and legal residency or asset ownership in the emirate. For example, expatriates owning property in Al Reem Island or Yas Island qualify.
Why Is a Will Necessary in Abu Dhabi?
A will is necessary in Abu Dhabi to avoid disputes and ensure assets are distributed as intended. Without a will, Sharia law applies, potentially dividing assets differently from your wishes. For instance, a non-Muslim’s estate may go to relatives they didn’t intend to benefit. A will also secures guardianship for children under 21, preventing court interventions.
What Are the Legal Requirements for a Will in Abu Dhabi?
The legal requirements for a will in Abu Dhabi include being over 21, mentally sound, and signing the document before two witnesses. Non-Muslims register wills at the Abu Dhabi Judicial Department, while Muslims follow Sharia unless opting for civil law.
The will must list assets, beneficiaries, and an executor. For example, a will detailing a villa in Saadiyat Island must specify its distribution.
What Are the Requirements for Non-Muslims?
Non-Muslims must register their will at the Abu Dhabi Wills Registry for Non-Muslims. The will requires two witnesses over 21, not beneficiaries, and must be in English and Arabic. It should cover all UAE assets, like properties or bank accounts, and name an executor. Registration ensures enforceability under Federal Decree-Law No. 41 of 2022.
What Are the Requirements for Muslims?
Muslims follow Sharia law for wills unless they choose civil law registration. The will must comply with Islamic inheritance rules, allocating fixed shares to heirs. For instance, a son receives twice a daughter’s share. Muslims opting for civil law register at the Abu Dhabi Judicial Department, requiring witnesses and bilingual documentation.
How Do You Draft a Will in Abu Dhabi?
Draft a will in Abu Dhabi by following these five steps:
- List Assets: Include properties, bank accounts, and investments. For example, specify a villa in Khalifa City or shares in ADNOC.
- Name Beneficiaries: Identify who inherits each asset, such as a spouse or child.
- Appoint an Executor: Choose a trusted person over 21 to manage the estate.
- Sign with Witnesses: Sign before two non-beneficiary witnesses over 21.
- Register the Will: Submit to the Abu Dhabi Judicial Department for non-Muslims or courts for Muslims.
Consult a lawyer to ensure compliance with UAE laws.
How Much Does It Cost to Register a Will in Abu Dhabi?
The cost to register a will in Abu Dhabi ranges from AED 5,000 to AED 15,000. Basic single wills cost around AED 5,000, while mirror wills for couples cost AED 7,500 to AED 10,000. Complex estates with multiple properties, like those in Al Raha Beach, may incur fees up to AED 15,000. Additional notary and translation fees apply, typically AED 500 to AED 1,000.
What Are the Common Mistakes to Avoid When Writing a Will?
Avoid these four common mistakes when writing a will:
- Not Registering: Unregistered wills lack legal enforceability. Register at the Abu Dhabi Judicial Department.
- Vague Language: Ambiguity, like “divide equally,” causes disputes. Specify assets and shares clearly.
- Ignoring Updates: Life changes, such as marriage or property purchases, require will revisions.
- No Witnesses: Wills without two non-beneficiary witnesses are invalid.
Where Can You Get Help to Write a Will in Abu Dhabi?
Get help to write a will in Abu Dhabi from these three main sources:
- Law Firms: Firms like HK Advocates specialize in UAE wills, offering drafting and registration services.
- Abu Dhabi Judicial Department: Provides templates and guidance for non-Muslims and Muslims.
- Wills Registry for Non-Muslims: Assists expatriates with registration and legal advice.
Contact professionals to ensure your will meets all legal standards.
