the courts have agreed to respect the wills in regards to "moveable" assets such as furniture, jewellery, household goods, personal possessions, money in UAE bank accounts, etc.
owning property, an immoveable/real asset, is different. as is often the case with vehicles.
if you are married and want more info about Sharia inheritance laws let me know. you can also search the forum and you'll find more info, perhaps even a previous post i made on another thread about this.
perhaps you read too quickly through my post. i stated that we used a lawyer here in the Dubai. she is a British lawyer and therefore very familiar with Canadian inheritance law as it very similar.Sammylou,
GREAT info!! Would you mind letting us know where you read about courts agreeing with the above ? Not that I am doubting far from it, but my previous understanding was that courts would not recognize wills and if they are now that's INDEED great news! It was that understanding that had put me off.
I do have concerns about the form of the will whether it needs to be authenticated in the UAE if it was done somewhere else that kind of thing. Or should it be done here. In other words, how the the formality works ? You mentioned that you used your lawyer in Canada (probably under common law). How did you recognize your will here in the UAE ? Do you need to do that ?
Perhaps the process you have defined above is followed if the will is produced in Canada?!? It would make sense then to have it recognized by the Foreign Affairs department in Canada and then the UAE - sort of like your degree attestation if you get your degree from Canada.In my case, any document as far as I know issued in Canada must be notarized by a lawyer and carry the stamp of Foreign Affair Canada (Ottawa) according to the rules of authentication put forward by UAE for recognizing documents issued in other jurisdictions. What they say is really simple. You need to notarize and have the entity of your country guarantee that document is valid.
Therefore, under the rules for Canada; A Canadian document would need to be notarized by a Canadian law practitioner since Foreign Affairs Canada has a list of valid lawyers who have authority to notarize documents in Canada (common law not civil law if we are talking about Quebec).
With that, you get it translated by a sworn translator in Arabic in the UAE and re-notarize it at Foreign Affairs UAE where they add another stamp of recognition.
Without the Foreign affairs UAE stamp, the authorities told me that my documents had no value and could not produce legal effects in the UAE.
yes, i had the will drafted here. out of the mouth of my lawyer, the only step in having this will legally recognized by the courts is to have it translated into Arabic and notarized here in Dubai by the Dubai Courts Notary Public. no mention of the UAE Foreign Affairs or attestation process in Canada. however, perhaps i was unclear, part of creating the will is having it witnessed by the lawyer and attested by the Canadian embassy here in Dubai. i see that i failed to mention that above as it was an included service being provided by the lawyer in order to deliver our will. they were providing us with the final product; a legal Canadian will that is submissible in Dubai court provided you have taken the extra steps in regards to the translation. you can visit this link from the Dubai government on the process, updated this year: Preparing your will and retirementI know she did hers here and I made a mistake while writing giving the impression that she did it overseas.
She mentions that if you want to validate your will done elsewhere you need to follow a specific process to notarize it using dubai notary.
The disconnect is there because as far as I know you need to involve UAE foreign affairs in the notarization process.
one last piece of clarification now regarding the whole notion of attestation as i have just clarified this with my lawyer as we are finalizing the draft.
their service provides attestation in the sense that it will be legally witness and signed by the lawyers at their office. at that point alone it will be a legally recognized Canadian will. it does not need to be sent to the consulate here in order for Canada to recognize it as a legal will.
only if the will is required to be presented in Dubai court during probate is it then required [by the Dubai government] to be attested here by the Canadian Consulate, then translated to Arabic, then sent to the Dubai Notary.
hope this clarifies any lingering confusion anyone may have had.