A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death and names one or more persons, the executor, to manage the estate until its final distribution.
Though it has at times been thought that a “will” was historically limited to real property. At the same time, “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), the historical records show that the terms have been used interchangeably. Thus, the word “will” validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.
In the United Arab Emirates, inheritance for Muslim nationals is guided by Sharia laws(a system of Islamic law based on the Quran), while the national law for non-Muslim expatriates shall govern the successional rights of the heirs.
The Government of Dubai’s official website states that ‘The UAE courts will adhere to Sharia law in any situation where there is no Will in place. If you do not have a Will, your loved ones can’t enforce or carry out your wishes. Sharia law requires that your assets, including your bank accounts, will be frozen until liabilities have been discharged and then distributed by a predetermined formula- even jointly held assets will be frozen until the issue of inheritance and succession is determined by the local courts.
DIFC Wills & Probate Registry
On Sunday, 3rd May 2015, the Dubai International Financial Centre (DIFC) opened its own Wills and Probate Registry (the “Registry”). It is a very important development for non-Muslim expatriates, as it ensures that if a will is registered with the Registry, Sharia law will not apply to the individual’s assets in the UAE. ONLY NON- MUSLIMS MAY REGISTER THEIR WILL WITH THE REGISTRY.
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