Law to govern wills of non-Muslims
NON-MUSLIMS CAN REGISTER WILL UNDER INTERNATIONALLY RECOGNISED COMMON LAW
A“clear legal framework” that regulates inheritance, wills and probate for non-Muslim expats in Dubai was announced yesterday providing renewed legal protection to expatriates who are living for longer periods in the emirate and accumulating larger, long-term assets, including investment portfolios and property.
Law No. 15 was issued by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.
The law, which is applicable to the wills and assets of non-Muslims based in Dubai, including the Dubai International Financial Centre (DIFC), creates a clear legal framework for non-Muslims to create wills according to their wishes, and manage their assets… thereby creating increased confidence in Dubai’s investment landscape,” an official statement said.
Non-Muslim expatriates in Dubai were yesterday given renewed legal protection to execute legal wills that dispose of assets and property according to their last wishes.
A new law issued yesterday prescribes a “clear legal framework” that regulates inheritance, wills and probate for non-Muslim expats in Dubai who are living for longer periods in the emirate and accumulating larger, long-term assets, including investment portfolios and property.
The new law affirms that nonMuslim expats living and working in Dubai can register a will in English under internationally recognised Common Law.
The move follows the creation of a non-Muslim will registry in Abu Dhabi announced in May this year.
For Muslims, the courts automatically apply Sharia and distribute assets to predetermined beneficiaries.
Law No. 15 was issued yesterday by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.
“The law, which is applicable to the wills and assets of non-Muslims based in Dubai, including the Dubai International Financial Centre (DIFC), creates a clear legal framework for non-Muslims to create wills according to their wishes,” an official statement said.
“It also outlines clear legal procedures that will encourage residents to register their wills and manage their assets in Dubai, thereby creating increased confidence in Dubai’s investment landscape.”
The new law applies in both Dubai Courts and Dubai International Financial Centre (DIFC) Courts where senior officials have the legal authority to develop the regulations, policies and procedures for the registry.
The law also spells out “the liabilities and obligations of the beneficiaries of wills, the responsibilities and limitations of will executors, the regulations governing inheritance and the distribution and management of the estate as well as appeal procedures. Disputes arising from wills and probate for nonMuslims will be adjudicated by Dubai Courts or DIFC Courts, depending on the place where the wills are registered”, the government said.
“Any non-Muslim wills registered at Dubai Courts or DIFC Courts prior to the law will remain valid. The law annuls any other legislation that challenges or contradicts its articles and is valid from the date of publication and will be published in the Official Gazette.”
The right of survivorship, where assets are passed on to the surviving joint owner upon the death of the other, does not apply in the UAE.
The DIFC Wills and Probate Registry (DIFC WPR) for NonMuslims, which covers assets in Dubai and Ras Al Khaimah, had 2,900 registered wills since opening in May 2015, Gulf News reported last September, with an average of 150 wills being registered each month. In an interview with Gulf
News at the time, Sean Hird, director of the DIFC WPR, said options were available should expats prefer to specifically name those to whom their assets in the UAE should go to when they die.