# Writing a will in the UAE



## alexalexa (Oct 10, 2008)

Hello,

my husband and I are living in Dubai but we are both expats. He is thinking of writing a will, just in case, since the law here is not always in favor of the wife. Any advice on how a will has to look like to be valid over here etc?

Thank you


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## Andy Capp (Oct 5, 2008)

There's a thread on this forum somewhere about it, do a search under "wills" I guess, and Elph knows all about these things...


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## Elphaba (Jan 24, 2008)

Hi Alexalexa

I did provide some information a while ago, but I can't find the thread.

All assets held in the UAE are subject to Sharia law, but you can make matters a little more in your favour by having a will (written under the rules of your home country) translated into Arabic and attested by the courts.

Both you and your husband should have wills.

I advise on these matters on a professional basis, so feel free to PM me for more info as to how to proceed.

-


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## alexalexa (Oct 10, 2008)

Hi Elphaba,

I researched before and only found a thread where the discussion got a bit confusing (Spanish, UK law)...... I'll pm you.

Thanks a lot.


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## mr.alsuwaidi (Dec 3, 2008)

alexalexa said:


> Hello,
> 
> my husband and I are living in Dubai but we are both expats. He is thinking of writing a will, just in case, since the law here is not always in favor of the wife. Any advice on how a will has to look like to be valid over here etc?
> 
> Thank you


Hi alexalexa 
I think the will is different than the law. And not because it is Arabic country or what the media say there are no Justas for woman. the law in uae its favor to the wife more than a man.
Down some uae law about the will… 

( and I apologize if will find some mistake the translation)

Provisions 

* Article 240 *
Wills disposition of the estate added to after the death of the testator. 
*Article 241 *
Wills is an absolute, or added or suspended on the condition is true or restricted it. 
*Article 242 *
If the condition contrary to the will coupled with the legitimate objectives or provisions of this law, constitutional requirement Wills correct. 
* Article 243 *
Implement the will of one third of the legacy of the testator, after the performance rights with respect to, and has subsequently become one third share of the limits authorized by the heirs of adults. 
*Article 244 *
Every act of a disease or death in order to contribute favoritism, the provisions of the will apply whatever the name given to it. 

Elements of the will and conditions

*Article 245 *
Staff recommendation: The recommended formula is recommended and recommended. 
*Article 246 *
Wills held the words or in writing, if the testator is unable With reference were understandable. 
*Article 247 *
Were not heard at the recommendation of denial or claim back only through the evidence established religion. 
*Article 248 *
1 - true custodians who have the capacity to contribute even issued death satisfactory, taking into account the provisions of Articles (174) and 176) of the Act. 
2 - true custodians of custody for the blue Balqhrb explode or leave the court. 
3 - recommended amending the will or reversed in whole or in part. 
4 - is to miss the testator of money recommended by the designated back him about the will. 
*Article 249 *
Become a true testament to those who owned recommended even with a different religion. 
*Article 250 *
Will not for the male only if authorized by the heirs of the remaining adults in the share of putting passed.

Terms of probate 

*Article 251 *
1 - true testament to a specific person, or to compel a Mcetkn. 
2 - true testament to the category of Msahorp or unconfined. 
3 - true testament to mainland figures religiously award. 
* Article 252 *
1 - required in the will to a certain person, acceptance of them after the death of the testator, or if his life and continue to accept after his death. 
2 - If the embryo is recommended or a minor, or it Mahjura, whom the state is willing to accept the money, with its permission judge. 
3 - does not need the will to a certain person not to accept a response does not respond. 
4 - be accepted by, institutions and enterprises who legally represented, with the consent of the judge to respond. 
* Article 253 *
1 - is not required to accept the will after the death of the testator. 
2 - Scott is recommended after his period of thirty days testamentary accepted it, the commandment loaded term commitment extends to fifty days, unless there is significant objection of the response. 
* Article 254 *
Recommended a full-fledged response of both the will or the other. 
* Article 255 *
Recommended if he died after the death of the testator without acceptance by him in response, moved the will to the heirs of the recommended him were not loaded commitments. 
* Article 256 *
1 - has recommended a specific date recommended by the death of the testator condition of admission. 
2 - The legacy of dead and recommended them to place before the division. 
3 - divided equally, if recommended by the multi-recommended them what the testator was not required inequality. 
4 - exclusive neighborhood of the twins Balmousy of pregnancy if a woman one of them dead. 
* Article 257 *
1 - include the recommendation to the category of non-inventory received, who were on the death of the testator and will be found. 
2 - limited number of non-specific category: the death of other parents, or despair of the birth of those who remained alive. 
3 - if there is despair existence of any one of them recommended, recommended by the legacy back. 
*Article 258 *
Benefit of those non-group Balmousy specific, and changed whenever the use of quotas and signed the birth or death. 
Divided yield recommended by the non-employed who can not be confined to existing them. 
*Article 259 *
Recommended sold to non-designated Khaev if the loss or diminution in value, and buying Butmenh as recommended by the benefit to them. 
*Article 260 *
1 - the will to act cold figures started to award interests. 
2 - yield recommended by the disposal of institutions ahead of its nearest namesake until its existence. 
* Article 261 *
Shall be recommended by the property of the testator, and was replaced by projects. 
*Article 262 *
1 - be recommended or appointed common. 
2 - includes all the recommended funds recommended common present and future. 
*Article 263 *
Implement the will share a common if it is within one third of the estate. 
* Article 264 *
1 - recommended be appointed or transferred drugs, gay or value judgment, in kind or benefit, benefit or drug or transferred for a certain period or certain. 
2 - something recommended a particular person, and then recommended by the department to another equally between them unless he proves that he went so reverse of the first commandment. 

Wills benefits and lending

*Article 265 *
1 - If the value of the designated recommended Bmnfth or use less than one third of the estate, delivered the eye of the recommended him to benefit by the will. 
2 - If the value of the designated recommended Bmnfth or use, and instead use the specific term of more than one third of the estate, the best among the heirs leave a will, and recommended giving him the equivalent of one third of the estate. 
3 - if the will is recommended benefit over the life of him, Wills estimated value of the eye. 
4 - true testament to lend him the recommended amount of money known not been carried out with this amount increased to leave only a third of the estate heirs. 
* Article 266 *
Recommended a benefit a particular property, to use or exploit, albeit in contrast to the situation outlined in the will not harm the eye condition.
as per the will and legacy
*Article 267 *
If such a will share a legacy of the heirs of the testator, recommended a deserved share of the heir to the duty plus. 
* Article 268 *
If the will is the legacy of the lion's share of the non-designated heirs of the testator or as recommended share earned a share plus one on duty that was equal heirs to inherit and share of inheritance, plus the lesser duty that they Mtfadilin. 
*Article 269 *
Is recommended as a share of its share heir, male or female within the third and has carried out a third share of the estate passed by adults.

the invalidity of the will
*Article 270 *
Override the will in the following cases: 
1 - Back on his will, the testator expressly or significance. 
2 - The death of his case recommended the life of the testator. 
3 - the recommended response if the will is the life of the testator or after his death. 
4 - A recommended a testator whether the testator is an active partner or an original or causing to be provided at a reasonable person committing the act, a serious criminal responsibility, and whether the killings occurred before or after the commandment. 
5 - recommended by the loss of entitlement or appointed by the others. 
6 - regression recommended or recommended to him Islam is not due to him. 
Article 271 
Recommended him to acquire the status of the heir to the testator makes outstanding leave entitlement other heirs.

due Wills

*Article 272 *
1 - If a surviving children and has a son or daughter died son or daughter to be with him before or grandchildren of those left in the third will amount tapes and the following: 
A - due to the will of those grandchildren, which is inherited by their share of his deceased father for the imposition of the death of their father after the death of the origin not to exceed one third of the estate. 
B - does not deserve these grandchildren will be Arthyn were out of their father or very Jeddah, or had recommended to them or gave them life without offset the amount they deserve due to this recommendation, the less they recommended that it should be complemented by more than was recommended that the excess will optional , And recommended some of them only testament to the other side as its share. 
C - This commandment for the children of a son and the boys and girls who took one or more of the share of women said such luck. Of all the obscure branch and other branch without taking the share of each of the origin only. 
2 - due by the will of the commandments in the optional third update of the estate. 
3 - depriving renegade killer and the will of the benefit due in accordance with the provisions of this law in the will.

vie Wills

*Article 273 *
If the third judge to meet Wills equal rank, was not permitted heirs adults has increased a third, to be recommended to the apportionment of rivals, if one is a little Mahasp value, taking its share of Msthakha designate, and take other share of the other third.


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## Elphaba (Jan 24, 2008)

That really doesn't help.


To clarify - following the death of a husband resident in the UAE, Sharia Law is NOT in the wife's favour. She is not the automatic beneficiary of all assets as she would usually be in many other countries. His assets are allocated according to Sharia law and the decision of the courts.

Under Sharia Law an individual has free will regarding allocation of one third of their assets, so even with a properly attested will, the wife may received just one third of the assets with the rest going to male relatives. I am not going to go into all the details here, but I give seminars on just this issue.

Expats should be aware of the implications and take such action as they are able. 

On the death of a husband, his bank accounts, whether in sole or joint names will be frozen to no withdrawals can be made until the courts apportion assets. This is the law. If cars are in his name they can be impounded. Without proper organisation, as wife could find herself with no money and no car. Assuming the wife and children on on his visa, their visas will usually be revoked within 30 days.

It is a complex and important issue, and proper advice should be taken to protect families and assets.


-


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## mr.alsuwaidi (Dec 3, 2008)

Elphaba said:


> That really doesn't help.
> 
> 
> To clarify - following the death of a husband resident in the UAE, Sharia Law is NOT in the wife's favour. She is not the automatic beneficiary of all assets as she would usually be in many other countries. His assets are allocated according to Sharia law and the decision of the courts.
> ...



I agree with you completely Elphaba, It is a complex and important issue 
I don’t know exactly if the sharia law will be implementing in non Muslim. Yes the wife will receive third of the assets and the rest will go to the children. Its long detail..


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## Elphaba (Jan 24, 2008)

mr.alsuwaidi said:


> I agree with you completely Elphaba, It is a complex and important issue
> I don’t know exactly if the sharia law will be implementing in non Muslim. Yes the wife will receive third of the assets and the rest will go to the children. Its long detail..


Sharia Law is applied to the assets all expats that are held in the UAE, no matter their religion.

A wife should receive one third of the assets by that is not guaranteed. If the children are young, or female, the remainder may well go to the husband's closest male relative.

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## carlos carlos (Dec 29, 2008)

Elphaba said:


> Sharia Law is applied to the assets all expats that are held in the UAE, no matter their religion.
> 
> A wife should receive one third of the assets by that is not guaranteed. If the children are young, or female, the remainder may well go to the husband's closest male relative.
> 
> -


Is that applies also to joint name company and properties as well?


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## Elphaba (Jan 24, 2008)

carlos carlos said:


> Is that applies also to joint name company and properties as well?


Sharia law applies to all assets in the UAE. Professional advice should be taken.


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## maryos (May 30, 2008)

Elphaba said:


> On the death of a husband, his bank accounts, whether in sole or joint names will be frozen so no withdrawals can be made until the courts apportion assets. This is the law. If cars are in his name they can be impounded. Without proper organisation, as wife could find herself with no money and no car. Assuming the wife and children on on his visa, their visas will usually be revoked within 30 days.
> 
> -


If accounts are in joint names and it is the wife who dies, would the same happen?


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## Elphaba (Jan 24, 2008)

maryos said:


> If accounts are in joint names and it is the wife who dies, would the same happen?



No.


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## zen0726 (Jan 15, 2009)

Elphaba said:


> Hi Alexalexa
> 
> I did provide some information a while ago, but I can't find the thread.
> 
> ...


Hi, Elphaba! 

My husband and I are both from UK. We have properties in both countries. It's a terrifying thought that I would be left without access to our bank accounts and the right to make decision on our properties should the worst scenario happen. It would be much appreciate if you could advise on which law firm to go and the process of registering wills with the local courts. How do I get in touch with you via email??

Thanks and regards
Candy Hicks


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## Elphaba (Jan 24, 2008)

zen0726 said:


> Hi, Elphaba!
> 
> My husband and I are both from UK. We have properties in both countries. It's a terrifying thought that I would be left without access to our bank accounts and the right to make decision on our properties should the worst scenario happen. It would be much appreciate if you could advise on which law firm to go and the process of registering wills with the local courts. How do I get in touch with you via email??
> 
> ...


Hi Candy

There are a numbe rof issues for you to consider and I can advise on these. You will need to make 5 posts in order to activate the personal messaging facility, following which I can PM you my work email.



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## Kezie (Jan 13, 2009)

If you both have Wills writen already take them to the british embassy to be translated if not get them written up then take them


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## Elphaba (Jan 24, 2008)

Kezie said:


> If you both have Wills writen already take them to the british embassy to be translated if not get them written up then take them


No, that is not the process. The Briush Embassy will not translate your UK will into Arabic. Please refer to my previous posts and contact me for advice.

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## Orion47 (Aug 9, 2009)

Hi Elphaba

I have been looking at inheritance law for the UAE.

I have found a number of references to assets and in particular real property held in the UAE potentially being subject to Shar'ia law.

Can you help me with this.

It seems from what you said above if a Brit dies with a valid UK will and owns a property in Dubai the non UAE estate can be dealt with through the will but the UAE assets will be subject to Shar'ia law.

Is this definite in every case as looking at some other sites the comments about this situation are more guarded?


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## Elphaba (Jan 24, 2008)

Orion47 said:


> Hi Elphaba
> 
> I have been looking at inheritance law for the UAE.
> 
> ...


I always advise my clients of the worst case scenario as that is what people should work to. Potentially Sharia law can be applied to assets in the UAE, although you have a better chance of your wishes being taken into consideration if you have properly worded will and do all the right things. There is little precedent in law as to date, few expats have died whilst owning property as foreign ownership is relatively new.

-


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## Orion47 (Aug 9, 2009)

Elphaba said:


> I always advise my clients of the worst case scenario as that is what people should work to. Potentially Sharia law can be applied to assets in the UAE, although you have a better chance of your wishes being taken into consideration if you have properly worded will and do all the right things. There is little precedent in law as to date, few expats have died whilst owning property as foreign ownership is relatively new.
> 
> -


Thanks for that reply.

What are *all the right things?* and I mean in reference to a valid UK will being used in Dubai

Again I see references to having the actual will translated and attested by a Dubai court.

or that Executors need to have the grant of Probate legalised in the UK and tranlated into Arabic by an official interpreter before it is used in the UAE

or is there something else to do?

Just trying to get some clarity in an area that seems shrouded in mystery and conflicting information.

Thanks again


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## Elphaba (Jan 24, 2008)

Orion47 said:


> Thanks for that reply.
> 
> What are *all the right things?* and I mean in reference to a valid UK will being used in Dubai
> 
> ...


Impossible to say without knowing the specifics of someone's situation.

It is not necessary to have a will translated before death. If the event of death in the UAE, a will can be translated & attested within days.

If there are assets in the UAE, then a UAE court has to make a decision regarding distribution. Likewise, if there are assets in the UK, then UK law comes into play.

You can only really get proper advice from a qualified and experienced lawyer who is in possession of the full facts of your personal situation. Sadly, I come across incorrect information all the time, from clients, at seminars and from readers.

PM me if you want to take this further.

-


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## Orion47 (Aug 9, 2009)

Elphaba said:


> Impossible to say without knowing the specifics of someone's situation.
> 
> It is not necessary to have a will translated before death. If the event of death in the UAE, a will can be translated & attested within days.
> 
> ...


That's really helpful. Thanks.

Having looked around a number of internet sources and will providers in the area I was getting the impression (intentionally?) that wills must be translated into arbaic and registered here to make them valid. One firm is offering this for 2000AED.

I previously lived in France for quite a long time. My experience there was that many 'professionals' prey on new arrivals whilst they are vulnerable.

Just doing some preliminary research!

I may get back to you soon enough


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## Elphaba (Jan 24, 2008)

Orion47 said:


> That's really helpful. Thanks.
> 
> Having looked around a number of internet sources and will providers in the area I was getting the impression (intentionally?) that wills must be translated into arbaic and registered here to make them valid. One firm is offering this for 2000AED.
> 
> ...




As a professional adviser and moderator, I will assume that 'preying' comment isn't aimed at me. I give a lot of free advice here. I also write for a national newspaper.

To clarify - for a will to be recognised in the UAE court it needs to be translated, but as you are unlikely to die here, why go to the expense of having that done before it is required. Another case of misleading information I'm afraid.

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## Orion47 (Aug 9, 2009)

Elphaba said:


> As a professional adviser and moderator, I will assume that 'preying' comment isn't aimed at me. I give a lot of free advice here. I also write for a national newspaper.
> 
> To clarify - for a will to be recognised in the UAE court it needs to be translated, but as you are unlikely to die here, why go to the expense of having that done before it is required. Another case of misleading information I'm afraid.
> 
> -


I am really sorry if that was the feel of what I said. A problem with this type of medium sometimes. I certainly did not mean to sleight you in any way.

Can I say thank you for your replies and input  and for doing your bit to help demystify this area. 

On the point of preying I can cite an example. I have seen, what must be false, testimonials (on another forum) from a person who is apparantly a customer of a will writer. When I say 'must' its my opinion clearly, but seeing someone who has posted just 12 times all of which are lavishing praise for the expertise, knowledge etc etc of said will writer and no other posts at all - well!

Anyway I have a bit more confidence about the subject now.

Going back to the translation point it is logical to have the will or would it be the grant of probate translated etc, when the need arose. I can't help but agree now you have said it. 

Thanks again.


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## legaleagle (Oct 15, 2009)

Sharia law does not apply to all assets in the UAE (unless you are Muslim) - verifiable and incontrovertible fact. Other facts - wills speak from death and no amount of translation, stamping by your embassy etc makes any difference. That is entirely unnecessary. A will - if you are non-Muslim, is capable of dealing with most of your UAE assets, but not necessarily all your assets, and does not avoid probate. Probate is the process whereby a will is declared valid (or not, dependent on who prepared it) and executors are given the right and authority to proceed with the administration of the deceased's estate. By the time this process is complete, several months have usually elapsed. Meantime, assets cannot be sold, accessed or transferred for the benefit of beneficiaries and this can and often does cause considerable hardship. Professional advice is indeed essential, to cover all the bases with a thorough, joined up and effective estate plan.


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## Goodoil (Apr 22, 2010)

*Goodoil*

Hi Elphaba, I'm not sure who you are or how to contact you. I am a freelance journalist and have been commissioned to write an article on "writing a will in the UAE" for an Abu Dhabi-based newspaper. I am looking for an experienced professional to interview and quote in the article. You seem to have a very broad understanding of the subject, would you be available to speak with me?

QUOTE=Elphaba;87199] That really doesn't help.


To clarify - following the death of a husband resident in the UAE, Sharia Law is NOT in the wife's favour. She is not the automatic beneficiary of all assets as she would usually be in many other countries. His assets are allocated according to Sharia law and the decision of the courts.

Under Sharia Law an individual has free will regarding allocation of one third of their assets, so even with a properly attested will, the wife may received just one third of the assets with the rest going to male relatives. I am not going to go into all the details here, but I give seminars on just this issue.

Expats should be aware of the implications and take such action as they are able. 

On the death of a husband, his bank accounts, whether in sole or joint names will be frozen to no withdrawals can be made until the courts apportion assets. This is the law. If cars are in his name they can be impounded. Without proper organisation, as wife could find herself with no money and no car. Assuming the wife and children on on his visa, their visas will usually be revoked within 30 days.

It is a complex and important issue, and proper advice should be taken to protect families and assets.


-[/QUOTE]


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## Elphaba (Jan 24, 2008)

Goodoil said:


> Hi Elphaba, I'm not sure who you are or how to contact you. I am a freelance journalist and have been commissioned to write an article on "writing a will in the UAE" for an Abu Dhabi-based newspaper. I am looking for an experienced professional to interview and quote in the article. You seem to have a very broad understanding of the subject, would you be available to speak with me?
> 
> QUOTE=Elphaba;87199] That really doesn't help.
> 
> ...


[/QUOTE]

Feel free to contact me by Private Message, but you will need 5 posts to activate that function. 

I wonder if we write for the same newspaper? I write the On Your Side column in the Personal Finance section of The National, but am an Independent Financial Adviser. 

-


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## Goodoil (Apr 22, 2010)

Hi, Yes we do. In fact we swapped emails over a story I wrote on the cost of having a baby. Not sure I could quote you as a source if that's the case. I'll check with the editors.


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## stewart (Jun 21, 2009)

alexalexa said:


> Hello,
> 
> my husband and I are living in Dubai but we are both expats. He is thinking of writing a will, just in case, since the law here is not always in favor of the wife. Any advice on how a will has to look like to be valid over here etc?
> 
> Thank you


I changed mine but did it through my legal advisor back home, just to make sure I my body goes home if I hang my pool cue on the wall.
He informs me that it is a fully legal will and valid here in the UAE


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## Elphaba (Jan 24, 2008)

stewart said:


> I changed mine but did it through my legal advisor back home, just to make sure I my body goes home if I hang my pool cue on the wall.
> He informs me that it is a fully legal will and valid here in the UAE


Not quite.

Depends on if you own real property in the UAE. If you die with assets here you will then have to have your UK will translated and attested to be taken into consideration in the courts. You may also have to consider the implications of Sharia law.

-


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## Elphaba (Jan 24, 2008)

Goodoil said:


> Hi, Yes we do. In fact we swapped emails over a story I wrote on the cost of having a baby. Not sure I could quote you as a source if that's the case. I'll check with the editors.


Suggest you email me as I can give you contact info for our in house lawyer who writes wills in the UAE.

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