Will Registration
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Will Registration
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General Requirements for Will Registration
Will registration requirements can differ by jurisdiction. Below, we outline the essential steps and criteria for registering a will, with a particular focus on the UAE. These guidelines may be adapted depending on the country where the will is registered.
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1. Drafting the Will
The will must be written in accordance with the legal requirements of the jurisdiction where it is being registered. It should clearly detail the testator’s wishes for distributing their assets after death.
2. Testator Eligibility
The testator must meet the following criteria:
- Be at least 18 years of age or the legal age in the relevant jurisdiction.
- Be of sound mind, fully understanding the implications of drafting the will and its content.
3. Appointment of Executor
The will must designate an executor who will be responsible for executing its provisions after the testator’s death. This person could be a family member, lawyer, or a trusted individual.
4. Witnesses
In most jurisdictions, the will must be signed in the presence of at least two witnesses who are not beneficiaries under the will. These witnesses must sign the document to verify that the testator signed it voluntarily and in their presence.
5. Notarization (If Required)
While not always mandatory, it’s recommended in certain jurisdictions to have the will notarized. A notary public will authenticate the identities of the testator and witnesses, ensuring the legal validity of the will.
UAE-Specific Will Registration Requirements
In the UAE, will registration varies for Muslims and non-Muslims. Non-Muslims can register their wills with either the DIFC Wills and Probate Registry or the Abu Dhabi Wills Registry, depending on their residence.
For Non-Muslims:
1. DIFC Wills and Probate Registry (Dubai)
Eligibility:
The testator must be non-Muslim, at least 21 years old, and a resident or owner of assets in the UAE.
Drafting the Will:
The will must be written in English and specify asset distribution, guardianship of children, and other relevant matters.
Witnesses:
Two adult witnesses (not beneficiaries) must be present when the will is signed.
Registration:
The will must be submitted in person at the DIFC Wills Registry or registered online via their platform.
2. Abu Dhabi Wills Registry
- This process is similar to the DIFC registry but is tailored for non-Muslims residing in Abu Dhabi.
- The will can be registered online or at the Abu Dhabi Judicial Department.
- Two witnesses must sign the will before it is registered either online or in person.
For Muslims:
Under Sharia Law, Muslims in the UAE generally do not need to register a will unless they wish to allocate more than one-third of their estate outside the bounds of Islamic inheritance law.
Identification Documents
A valid passport or Emirates ID for the testator and witnesses.
Asset Details
While optional, providing a list of the testator's assets and properties is recommended for clear instructions.
Payment of Fees
Registration fees vary depending on the jurisdiction. For example, the DIFC Wills Registry charges based on the type of will being registered.
General Steps for Will Registration
1. Prepare the Will
Ensure the will is drafted correctly, adhering to all legal guidelines.
2. Sign the Will
The will must be signed in front of witnesses, and notarization may be required.
3. Submit the Will
Submit the will for registration at the appropriate registry (e.g., DIFC, Abu Dhabi, or local courts).
4. Receive the Certificate
Once registered, the relevant registry will issue a certificate confirming the will’s official registration.
Notarization
The document may first need to be notarized by a notary public in the country of issuance.
Foreign Affairs Ministry
Following notarization, it is usually required to get the document attested by the Ministry of Foreign Affairs (or equivalent) in the same country.
UAE Embassy/Consulate
The document then needs to be attested by the UAE Embassy or Consulate in the country of issuance.
Ministry of Foreign Affairs (MOFA)
Once in the UAE, the document must be attested by MOFA to ensure it is recognized within the UAE.
UAE Attestation
Ministry of Foreign Affairs (MOFA)
Once in the UAE, the document must be attested by MOFA to ensure it is recognized within the UAE.
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