Have assets in Dubai? Draft will at DIFC office

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Since your immovable property is in the emirate of Dubai, it is suggested to register a will with the DIFC Wills.
Since your immovable property is in the emirate of Dubai, it is suggested to register a will with the DIFC Wills.

In the UAE, there are provisions for non-Muslims to opt for law of their country related to the personal affairs

By Ashish Mehta

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Published: Wed 13 Dec 2017, 7:18 PM

Last updated: Thu 14 Dec 2017, 8:13 AM

I am a non-Muslim Indian working in Abu Dhabi. I own a residential apartment in Dubai and living there. I have cars and other investments in the UAE. Can I can draft the will, get it attested by the Indian Embassy in Abu Dhabi and then get it notorised. Is this correct as per the UAE law?
Pursuant to your queries, in the UAE there are provisions for non-Muslims to opt for law of their country related to the personal affairs regarding marriage, wills and inheritance. Article 1(2) of the Federal Law No. 28 of 2005 concerning personal status allows an expat non-Muslim to apply the provision of personal law of his home country.
It states: "The provisions of this law shall apply to the residents/citizens of the UAE unless the non-Muslims of them are subject to special provisions applicable to their sect and denomination, as long as none of them insists on applying his law."
Since your immovable property is in the emirate of Dubai, it is suggested to register a will with the DIFC Wills and Probate Registry, which was set up in Dubai in 2015 to serve the needs of the non-Muslim expatriate community who own a real estate property in Dubai.
You are a non-Muslim who owns a real estate property in Dubai, therefore you may register your will with the DIFC Wills and Probate Registry. Alternatively, you may get your will attested by a Notary Public or Consulate General of India in Dubai.
KNOW THE LAW
In the UAE, there are provisions for non-Muslims to opt for law of their country related to the personal affairs regarding marriage, wills and inheritance.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, P.O Box 11243, Dubai.



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