Question:
A questioner from Dubai asks: I am a non-Muslim man. I have a private company, a real estate, a wife and two children. My question is, do I legally have the right to make a Will where I want a will only for my wife, all my money in addition to my shares in the company. What are the necessary procedures for making such a Will, and is it ratified by the court? Please advise.
Answer:
To answer this question, I would advise the questioner that:
1. You have the right to leave all your assets and properties to your wife as per Article 11 of the Federal Law No 41 of 2022 regarding personal status law for non-Muslims, which states that ("The foreign testator has the right to leave a Will to whomever deemed adequate, concerning all the assets belonging thereto in the State."
"In case of absence of a Will, then half of the inheritance shall be entitled to the husband or wife and the other half shall be equally distributed among the children with no difference between males and females.
"In case the deceased has no children, then the inheritance shall equally belong to the parents thereof, or half of such inheritance shall be transferred to one the parents in case the other one is not present and the other half shall be granted to the siblings. In case of absence of the parents, then the inheritance shall be equally distributed between the siblings without distinction between males and females.)"
2. Regarding the Will Registration, you have the right to register the Will through the Dubai Courts notary public or the DIFC Courts (DIFC Wills Service Center).
Article 13 of the same law states that ("The Wills of the Foreigners shall be registered in the Register that is prepared for this purpose according to the procedures in force at the Department).
The Law No. (15) Of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai, states in its Article 6 that (A register known as the “Register of Wills of non-Muslims” will be created at the Dubai Courts and at the DIFC Courts for the purpose of registering Wills of non-Muslims.
"The form of the Register, the information to be entered therein, and the procedures and rules for registration thereon will be determined pursuant to a resolution of the President.")
