The UAE law has long recognised notarised wills of non-Muslims.
Article 17(1) of the UAE Civil Code no 5 of 1985 provides that: ‘Inheritance
shall be governed by the Law of the deceased at the time of his death’.
However, article 242 of the Personal Status Law provides: ‘If the will is
coupled with a condition contrary to the Islamic intents or the provisions
hereof, the condition shall be void while the will will be valid.’ This has, in
rare cases in the past, led to property being distributed by local courts of
first instance in a manner inconsistent with the wishes of the deceased, and
can lead to assets located in the UAE being frozen, and lead to protracted
litigation.
For those concerned about having their will dealt with in UAE
courts, there is now another option. Resolution 4 of 2014 provides for the
establishment of the DIFC Wills and Probate Registry (for non-Muslims).
Registration of a valid will with the DIFC Registry will ensure the direct
distribution of Dubai-based assets in accordance with the registered will.
Individuals need to hire a lawyer to get their will drafted and
we will be happy to assist in this matter.