UAE: Can a will made in one's home country cover properties, assets in the Emirates?

Question: I own property and assets both in the UAE and in my home country. Is it possible to make a will in my home country that covers my UAE assets as well? Would such will be legally recognised and be enforceable in the UAE? Are there any legal challenges I should be aware of, and how does the process work?

Answer: Based on your queries, it is assumed that you are non-Muslim. In that case, several legal frameworks may apply to you, including the UAE Civil Procedures Code, UAE Personal Status Law for Non-Muslims, the Dubai Wills Law, and DIFC WPR Rules.

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In the UAE, a judgment issued by a court of a foreign country may be enforceable. However, for it to be legally recognised and enforced in the UAE, certain conditions must be met.

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Chapter 4 (from Article 222 to Article 225) of the Federal Decree Law No. 42 of 2022 Promulgating the Civil Procedure Code (the ‘UAE Civil Procedures Code’) states related to Execution of Foreign Judgment, Orders and Instruments in the UAE.

Article 222 and 224(1) of the UAE Civil Procedures Code reads as below:

Article 222 of the UAE Civil Procedures Code:

“1. An order may be made for the enforcement in the State of judgments and orders made in a foreign country on the same conditions laid down in the law of that country for the execution of judgment and orders issued in the State.

2. An order for execution shall be applied for by means of petition submitted by the concerned party including the data specified in Article 44 of this Code to the Execution Judge. The Judge shall issue their order within five working days from the date of its submission, and the order shall be subject to appeal by the direct appeal in accordance with the rules and procedures prescribed for appealing judgments. An execution order may not be made until after the following matters have been verified.

a. The Courts of the State have no jurisdiction to try the dispute in which the order or judgment was made, and that the foreign courts which issued it have jurisdiction there over in accordance with the rules governing international judicial jurisdiction laid down in their law.

b. The judgment or order was issued by a Court having jurisdiction in accordance with the law of the country in which it was issued and duly endorsed;

c. The parties to the action in which the foreign judgment was issued were summoned to attend and were duly represented;

d. The judgment or order has acquired the force of res judicata in accordance with the law of the Court that issued it, provided that the applicant submits a certificate that the judgment has acquired the force of a final order or the same was stipulated in the judgment itself;

e. It does not conflict with a judgment or order already made by the Court in the State, and contains nothing that conflicts with morals or public order in the State.

3. The Execution Judge shall have the right to collect the documents supporting the request before issuing their decision.”

Meanwhile, Article 224 (1) of the UAE Civil Procedures Code states:

“An order may be made for the enforcement in the State of notarised documents and Memoranda of the Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instructions issued in the State.”

Furthermore, Article 226 to Article 232 of the UAE Civil Procedures Code mentions special provisions the courts in UAE may follow while handling personal status matters.

Additionally, the beneficiary (ies) or the executor of a will may initiate probate proceedings in the court of competent jurisdiction in the home country and obtain a probate order to execute the will.

Based on the aforementioned provisions of law, the beneficiaries or executor of a will granted by a testator must ensure the will is properly notarised and legalised. This includes completing all necessary attestations, including attestation by the UAE embassy in the country where the Will is registered.

Once these steps are completed, the will must then be attested by UAE Ministry of Foreign Affairs and International Co-operation. It must be translated into Arabic, and the translation must be attested by the Ministry of Justice. Only then can the will be submitted to a Personal Status Court of UAE in the emirate which has jurisdiction over the matter.

Alternatively, a non-Muslim may register a separate will for the assets in the UAE in accordance with (1) Federal Decree Law No. 41 of 2022 on Civil Personal Status, (2) Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai, (3) DIFC Wills Service Center and (4) ADGM Courts.

Therefore, based on the aforementioned provisions of law you may consider registering a will outside the UAE for your UAE assets. You may consult a legal counsel in the UAE as well as in your home country for further advise.

Applicable laws: 

1. Federal Decree Law No. 41 of 2022 on Civil Personal Status 2. Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai 3. DIFC WILLS AND PROBATE REGISTRY RULES

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom 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, PO Box 11243, Dubai.