Writing a will in the UAE

[alexalexa]

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

[Andy Capp]

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

[Elphaba]

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]

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.

[mr.alsuwaidi]

Originally Posted by alexalexa

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.

[Elphaba]

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]

Originally Posted by Elphaba

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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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..

[Elphaba]

Originally Posted by mr.alsuwaidi

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]

Originally Posted by Elphaba

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

[Elphaba]

Originally Posted by carlos carlos

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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