The will writing & probating of non-Muslim wills was never so easy before. This service enables non-Muslims to apply for the probating of a non-Muslim will so that the inheritance of the testator will be disposed of after his/ her decease without any further delay.
Previously the procedure of application was clear but the will writing was a big issue for non-Muslims. the people who were not from legal backgrounds they found it really unyielding to decide the parts of Will
This fear is very much self-explanatory when a human giving & diving his property/assets to his loved ones. The fear that he will be ending up doing an unjust decision about the division of his property. Therefore this issue has been very nicely and prudently solved by Abu Dhabi Judicial Department (ADJD).
An easy to understand template of the last will has been added to the website of the Abu Dhabi Judicial Department (ADJD). .
Although the testator can write and decide the will according to his own accord, this template has solved a direction issue. The template can be followed and copied fully, or an idea can also be taken from this template.
Before dissecting the template we must understand that Abu Dhabi Law No. 14/2021 On Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi has strengthened the rights of non-Muslims in the emirate of Abu Dhabi. The Prime objective of this law is to
1- Provide a flexible and developed judicial mechanism for the settlement of the personal status disputes of Foreigners.
2- Enhance the status and competitiveness of the Emirate on the international level as one of the most attractive destinations for human talents and competencies.
3- Take a pioneering initiative in the Emirate for the issuance of the first civil law regulating the family matters of Foreigners, according to international practices.
4- Guarantee the right of the Foreigner to be subject to an internationally recognized law that takes into consideration the relevant approaches of culture, language and customs.
5- Achieve and protect the best-interests of the children, particularly in case of parental separation.
6- Reduce the disputes and quarrels resulting from the Divorce.
7- Maintain the role of the mother and the father in the post-Divorce phase.
By keeping the view the objectives of this federal law we can say that a predefined will of Templet is to make life easy for the non- living in the emirate.
Let’s discuss the parts of this template, the first part is a declaration.
The testator must be of sound mind and memory and over the age of twenty-one (21) years and not being actuated by duress, fraud, mistake, or undue influence, do hereby make, publish, and declare that this Will, including the revocation provision hereinafter contained, is made to settle his properties situated or arising in the UNITED ARAB EMIRATES only. Any Wills or codicils made prior to this Will, relating to his estate in UAE will be considered cancelled after registering this will in the ADJD.
The second point ,is about the appointment of trustees where three options space is available in the columns.
The third point, is about debt & funeral expenses . the trustees are bound as per the Will to make payment of lawful debts and funeral expenses and of the expenses of winding up the estate. of the testator .
Fourth point ,is about the letter of wishes in which the trustees must fulfill the wishes of the testator. all formal or informal demand or wish list can be written in this column.
The fifth point is about Jurisdiction which is the UAE. whereas sixth is about the entitlement of insurance procedure (if any)
The seventh and most important point is about the distribution of Estate .
The trustees have been directed, to make over the whole residue and remainder of an estate, moveable and immoveable properties, all financial assets including but not limited to bank accounts, including savings, current and fixed deposits and any other accounts, motorcycles, motor cars, art and antiques, jewels, jewellery, furniture and fixtures, debentures, leasehold, bonds, security lockers, stocks, shares, investments, inheritance, mutual funds, capital, death in service benefits, gratuity payments, reserves, all insurance policies and any shareholding in any companies and any other assets to: –
The percentage (%) place has been given for at least three trustees but of course more can be added as per requirement .
The eighth column is about the power of executors & trustees in which If any part of my estate is held for a beneficiary who lacks full legal capacity, my trustees shall have the following powers: –
- To pay or apply any part of the income or capital falling to that beneficiary for his or her benefit in any manner my trustees think proper.
- To retain the same until such capacity is attained, accumulating income with capital.
- To pay over the same to the legal guardian or the person for the time being having the custody of that beneficiary, whose receipt shall be a sufficient discharge to my trustees.
- The trustees shall have the fullest powers of retention, realisation, investment, appropriation, transfer of property without consideration, and management of the estate as if they were absolute owners and not trustees, however, all proceeds are for the interest of beneficiaries only.
The trustees may appoint one or more executor of their own number to act as solicitor or agent in any other capacity and allow that trustee the same remuneration, as to which that trustee would have been entitled to, if such appointment is made.
The ninth column is about the appointment of guardian ship appointment for the children (if applicable).The columns have separates spaces for each child his name Nationality passport number & country of residence.
The Final Column is about execution & attestation in which the declaration of country domicile & country of residence will be written ending up with Emirates ID & pass port number .
Moreover , all the nine columns have been equally& parallelly translated into Arabic for official purposes .
The testator can take help from any legal translator or any Arabic speaker for this purpose.
How can we help ?
MEALC has an experienced team of will writing experts & legal translators who can duplicate your English will into Arabic without any change.
we will not only translate but also help you to review the will to avoid any legal issue in the future regarding succession.
We will submit your application on the available channel of TAMM.
By keeping the track of your application & by taking time from your Honorable judges.
Required Documents are:
Emirates ID , Passport (Original)
Proof of evidencing the ownership of bequeathed funds (Origina) and Documents to be notarized (Original)
The Government Fee is 950 AED . MEALC fee is negotiable as per the given hours & services .
Idea & composed by Sheher Bano