Making a will in the UAE: Safe transfer of assets to heirs
Making a will in the UAE: Safe transfer of assets to heirs
For several years now, individuals from various countries are investing in real estate and other assets in the UAE. Many of them, however, overlook an important aspect of property ownership — passing their savings to future generations.
If a property owner dies intestate, the transfer of assets will be decided by a UAE court under Sharia law.
Potential heirs will have to prove their right to the inheritance in court, and this is a complex and costly procedure. All documents required for court proceedings (documents for real estate and other assets and evidence of kinship with the testator) must be legalized outside the UAE. The next step is to go to a local court and engage a lawyer to assist with the estate’s distribution. This may take months, if not years, and such litigation entails significant financial outlays.
Potential heirs will have to prove their right to the inheritance in court, and this is a complex and costly procedure. All documents required for court proceedings (documents for real estate and other assets and evidence of kinship with the testator) must be legalized outside the UAE. The next step is to go to a local court and engage a lawyer to assist with the estate’s distribution. This may take months, if not years, and such litigation entails significant financial outlays.
The UAE has special economic zone Dubai International Financial Centre (DIFC). It is governed by special legislation based on British law and have it's own court. Wills made in this zone have effect not only in the zone, but throughout the UAE.
How to avoid problems in settling an estate in the UAE and reduce the time and costs involved
BaOne offers a comprehensive solution for making a will and transferring assets to heirs. Our experts offer consultations in a variety of areas as well as assisting with the drafting and registration of wills and the transfer of assets. Thanks to our 30 years of international experience and the professionalism of the BaOne team, clients can rely on the quality of our services and the legality of the estate transfer process.
BaOne offers a comprehensive solution for making a will and transferring assets to heirs. Our experts offer consultations in a variety of areas as well as assisting with the drafting and registration of wills and the transfer of assets. Thanks to our 30 years of international experience and the professionalism of the BaOne team, clients can rely on the quality of our services and the legality of the estate transfer process.
Requirements of DIFC court
DIFC
Wills of non-Muslims may be registered
Wills of Muslims may be registered
UAE resident visa required
UAE Pass (digital key of a UAE resident) required
Assets located in the UAE are covered
Assets located outside the UAE are covered
Two independent witnesses must be present when a will is certified
Guardians may be appointed
An executor may be appointed
Fees for BaOne’s services
Type of will
Full will
Covers all movable and immovable property and assets as well as the appointment of guardians for children.
Property will
May include up to 5 real estate properties (or shares in 5 properties) located in the UAE.
Business will
May include up to 5 separate blocks of shares in any company located in the UAE.
Financial will
May include up to 10 separate bank accounts or shares in 10 separate accounts registered in the name of the testator alone or jointly with someone else. The accounts must be in a bank or financial institution registered and doing business in the UAE.
Guardianship will
Provides solely for the appointment of guardians for children.
Why BaOne?
- 1Safeguarding your legacyWe ensure that the persons you designate will receive the appropriate shares of your estate, while minimizing the risks that cash or property will be misappropriated.
- 2Time savingsBaOne’s services in the UAE save you time involved in planning your estate, allowing you to concentrate on other important matters.
- 3Simple and efficient process of making a willOur package of services allows you to do everything remotely, with minimal personal involvement. BaOne professionals will help you make a will and manage all formalities involved in registering documents in government information systems and legalizing your will.
- 4Cost savingsLitigation involves additional costs, including lawyers' fees and court fees. BaOne offers you substantial savings, while ensuring that your estate is settled expeditiously and without leaving any loose ends.
- 5ConfidentialityClient confidentiality is a priority for us. When you use the services of BaOne professionals in the UAE, you can be sure that an estate will be settled in the framework of a private agreement, without public legal proceedings.
Services in making and legalizing a will in the UAE
- Providing information on standard forms of wills, court jurisdictions in the UAE, the validity of wills and current restrictions on various types of wills in various court jurisdictions
- Compiling a list of information to be requested from the client, given the selected type of will and court jurisdiction (list of property and heirs, data on the executor of the will and on the guardian and witnesses, if applicable)
- Requesting information from the client on the terms of inheritance (including the number of wills) and determining the shares of inheritance
- Drafting the will, incorporating previously approved terms as well as provisions empowering certain individuals: the executor of the will and the guardian of minor children (optional)
- Written agreement with the client on all provisions of the will and the procedure by which heirs will accede to the estate, approval of the text of the will
- Arranging for the type of will approved by the client to be translated into Arabic by professional translators certified in the UAE
- Help in registering an heir’s personal profile on the digital portal of the UAE court, data collection and assistance in completing application forms for will registration Coordinating the filing of an application and monitoring its status
- Notifying the client of the application’s status; consulting on the schedule of payment of official state duties, given the selected court and the type of will; arranging for the court to be notified of paid state duties following confirmation from the client
- Coordinating the pre-hearing review, fulfilling the court’s requests for additional documents and data, notifying the client of the status of the review and any required corrections
- Monitoring the status of legal action and the scheduling of an online hearing in the court of choice; informing heirs of the details of the hearing and obtaining confirmation of their potential involvement in the proceedings
Interpreting is done by professional interpreters officially certified in the UAE.
- Consulting services
- Making changes in a will that has been registered and entered in the electronic register on the portal of the UAE judicial authority
Content and cost of making and legalizing various types of wills
Starting at AED 15,000
Starting at AED 8,000
Starting at AED 8,500
Starting at AED 7,000
Additional terms and conditions
- Our fees do not include 5% VAT
- Our fees do not include official DIFC court registration fees: from AED 5,000 (a will for personal assets) to AED 15,000 (a will for joint assets); court fees are paid independently by the client
- Wills registered by a DIFC court are in English only
Full will
Starting at AED 15,000
Language: English
Willed assets: Any movable or immovable property, cash on accounts, securities and other financial assets on financial accounts as well as other assets
Guardianship: Option of specifying the duration of guardianship, primary and additional guardians and detailed conditions of guardianship
Carrying out the provisions of the will: Appointment of one or more individuals to carry out the testator’s wishes
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
A full will is the most complex type of will. It may include:
A will may be registered in the office of the court or online.
Any form of registration requires the presence of two independent witnesses.
Willed assets: Any movable or immovable property, cash on accounts, securities and other financial assets on financial accounts as well as other assets
Guardianship: Option of specifying the duration of guardianship, primary and additional guardians and detailed conditions of guardianship
Carrying out the provisions of the will: Appointment of one or more individuals to carry out the testator’s wishes
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
- Our fees do not include 5% VAT
- Our fees do not include duties and court fees; the client pays court fees and DIFC fees independently
A full will is the most complex type of will. It may include:
- Bequeathing any forms of movable or immovable property located in the UAE
- Additionally bequeathing assets located outside the UAE (requires additional analysis)
- Appointing a temporary or long-term guardian for children until they attain the age of majority (21 years)
- Appointing one or more executors when rights of inheritance come into force
- Establishing the right to bestow any assets (cash on bank accounts, financial assets, works of art, etc.) and designating various persons as heirs to some or all assets
A will may be registered in the office of the court or online.
Any form of registration requires the presence of two independent witnesses.
Property will
Starting at AED 8,000
Language: English
Willed assets: Up to 5 real estate properties (or shares in 5 properties) located in the UAE
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
Willed assets: Up to 5 real estate properties (or shares in 5 properties) located in the UAE
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
- Our fees do not include 5% VAT
- Our fees do not include duties and court fees; the client pays court fees and DIFC fees independently
Financial will
Starting at AED 8,500
Language: English
Willed assets: Up to 10 separate bank accounts or shares in no more than 5 companies registered in the UAE
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
Willed assets: Up to 10 separate bank accounts or shares in no more than 5 companies registered in the UAE
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
- Our fees do not include 5% VAT
- Our fees do not include duties and court fees; the client pays court fees and DIFC fees independently
Guardianship will
Starting at AED 7,000
Language: English
Confirmation of the guardianship of one or more minor children
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
Confirmation of the guardianship of one or more minor children
BaOne’s services: Turnkey will, including court registration
Changes: Changes may be made at no additional cost until the will is registered electronically by the UAE court of choice
Additional terms and conditions
- Our fees do not include 5% VAT
- Our fees do not include duties and court fees; the client pays court fees and DIFC fees independently
FAQ
You can leave your movable and immovable assets in the UAE to anyone of your choice by registering a will with the wills office of DIFC courts. You can also appoint guardians for your children and indicate specific monetary amounts and other items to be bequeathed in your DIFC will.
Any non-Muslim with residency status in the UAE who has attained the age of 21 may register a will in DIFC courts. The process of writing wills and having them notarized after the death of the testator is clearly and unambiguously set out in instructions based on the principles of common law and the laws of other leading common-law jurisdictions, such as the United Kingdom and Singapore.
Any non-Muslim with residency status in the UAE who has attained the age of 21 may register a will in DIFC courts. The process of writing wills and having them notarized after the death of the testator is clearly and unambiguously set out in instructions based on the principles of common law and the laws of other leading common-law jurisdictions, such as the United Kingdom and Singapore.
Dubai International Finance Center (DIFC) is a financial hub in a Dubai free economic zone with its own jurisdiction and regulations. This zone has broad autonomy and its own legal status within Dubai, enabling it to offer preferential economic and legal conditions for entities doing business there.
The zone may have economic and legal regimes substantially different from those in the rest of the country, including their own regulations and judicial system.
The Government of Dubai has granted DIFC exclusive rights to register wills for non-Muslims under the rules of English law.
The zone may have economic and legal regimes substantially different from those in the rest of the country, including their own regulations and judicial system.
The Government of Dubai has granted DIFC exclusive rights to register wills for non-Muslims under the rules of English law.
Heirs must first go through consular legalization — a complex procedure involving many stages — to verify that documents sent abroad comply with the laws of the country that prepared or issued them.
Consular legalization of Russian documents for the UAE involves several stages:
In Russia, consular legalization takes over a month after all inheritance documents are obtained, and these become available no earlier than six months after the testator’s death. Consular legalization is a costly and time-consuming procedure.
Consular legalization of Russian documents for the UAE involves several stages:
- Preparation of notarial copies of documents
- Professional translation into Arabic, including notarized authentication of the translator’s signature (i.e., notarization of the translation)
- Certification by the Legalization Office of the Russian Ministry of Justice and the Consular Department of the Russian Ministry of Foreign Affairs, including payment of state duty
- Certification by the Russian Ministries of Justice and Foreign Affairs and payment of state duty
- Certification by the Consular Section of the Embassy of the UAE in Moscow and payment of consular fees
In Russia, consular legalization takes over a month after all inheritance documents are obtained, and these become available no earlier than six months after the testator’s death. Consular legalization is a costly and time-consuming procedure.
In the absence of a will, UAE courts will apply Sharia law to the estates of all non-Muslims who live or own assets in the UAE. This means that your assets will be distributed among your spouse, children and other lawful heirs (e.g., parents, siblings) as prescribed by the laws of Sharia. A foreign will that is at variance with these laws will be regarded as invalid and inadmissible by a UAE court.
Yes, you can distribute your assets in the UAE as you wish among persons of your choice (family or third parties) via the courts of free economic zone DIFC. This type of inheritance involves no compulsory shares or quotas that may apply in other jurisdictions.
We recommend, however, that you comply with your national law to avoid potential challenges from persons recognized as heirs under national law governing the order of inheritance.
We recommend, however, that you comply with your national law to avoid potential challenges from persons recognized as heirs under national law governing the order of inheritance.
A single will provides for the inheritance of assets owned individually by the testator.
Mirror wills are two wills executed by married couples in which each spouse mirrors the other’s rights as a beneficiary.
Mirror wills are two wills executed by married couples in which each spouse mirrors the other’s rights as a beneficiary.
This depends on a number of factors: your financial situation (quantity of assets and movable and immovable property), marital status (number of minor children and other beneficiaries) and your personal wishes regarding the content of the will and the distribution of your estate. It usually takes about a week to prepare a will (after a meeting with the client).
The details will be found on our website, and you are welcome to contact us for clarification.
A new will must be made, automatically annulling and replacing the previous one.
A BaOne professional will take care of this. Wills are available in electronic form after their official registration by the DIFC court of choice.
There are currently no taxes on inheritance in the UAE. Keep in mind, however, that a change in ownership of certain assets (real estate, shares, etc.) may entail registration fees and state duties (ask us about specific types of property/assets).
A will may provide for temporary and/or long-term guardianship of your children (the age of majority in the UAE is 21) in the event of the death of both parents.
The age of majority in the UAE is 21.
A relative, friend, attorney or private fund/trust may act as the executor of a will (a UAE resident visa is not required).
Yes, an executor can be replaced at any time, but the updated will must be re-registered and entered in the state register of the UAE court.
Yes, there are no restrictions preventing an executor from acting as an independent witness for purposes of certifying a will.
It is recommended, although official written consent is not required for the appointment of an executor.
No, the executor does not have to be present.
No, a resident visa is not required, but in our experience, the appointment process goes faster if the guardian lives in the UAE.
In DIFC court, anyone can be named as an heir in your will, including non-family members and legal entities (a fund, company, etc.).
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Address: Sheikh Rashid Tower, Dubai World Trade Centre, Dubai, UAE
www.BaOne.ae
Tel.: +971507417119
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