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Estate Planning
Islamic & Traditional Wills |

Ensure your estate is distributed according to your faith and personal wishes, providing peace of mind for you and your loved ones.

Estate Planning

Islamic & Traditional Wills

Introduction

A Will is a crucial legal document specifying how an individual’s assets should be distributed upon their death. In the UAE, particularly for Muslims, Wills must adhere to the Personal Status Law, Federal Law No. 28 of 2005, ensuring the testator’s wishes are honored.

At TAXTech Global, we assist clients with Estate Planning, including Islamic and Non-Muslim Wills. South Africans must ensure their local wills cover assets in both South Africa and the UAE. TAXTech Global helps you navigate these complexities, ensuring compliance with both legal and religious obligations across jurisdictions.

The Object of a Will

In the UAE, a Will, or “Wasiyyah,” is a legal document through which an individual (the testator) expresses their wishes regarding the distribution of their estate upon their death. A valid Will ensures that one’s estate is distributed according to their preferences and that the inheritance process is managed smoothly. 

Legal Requirements

For a Will to be legally valid, it must meet specific criteria. These include: 

Age & Mental Competence


The testator must be of sound mind and at least 21 years old. Individuals who are mentally incapacitated or minors are not legally capable of making a valid Will.

Written Document


The Will must be in writing, as oral Wills are not recognized under UAE law, and it must adhere to both religious principles and legal frameworks.

Witnesses


The Will must be witnessed by at least two adult witnesses who are not beneficiaries under the Will.

Signature


The testator must sign the Will. If unable to sign, they may authorize another person to sign on their behalf, which must be explicitly stated and witnessed.

Testamentary Freedom & Limitations

The Personal Status Law imposes limitations on testamentary freedom, such as the restriction on bequeathing more than one-third of the estate to non-heirs without the consent of all legal heirs. Wills must comply with Sharia principles, which dictate specific shares for heirs. 

Mandatory Requirements

Mandatory Requirements for a Valid Will: Ensuring Compliance with Legal and Religious Guidelines

Testator’s Identification


The Will must include the testator’s full name, nationality, and other relevant personal details.

Asset Description


It should specify all assets, including real estate, bank accounts, investments, and personal belongings.

Executors


The Will must appoint one or more executors responsible for managing the estate and distributing assets.

Beneficiaries


Beneficiaries should be clearly named and identified, including family members, friends, charities, or institutions.

Guardianship


If the testator has minor children, the Will should name guardians for their care.

Specific Instructions


Any particular conditions or instructions on how assets should be distributed must be outlined.

Types of Wills in the UAE

Muslim Will: Governed by Personal Status Law, the Will must comply with Islamic inheritance rules, which allocate shares of the estate according to fixed proportions.

Non-Muslim Will: Non-Muslim residents can opt for a Will that aligns with their personal or religious preferences under Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021. This type of Will must comply with local legal requirements.

Revocation and Amendment: A Will can be revoked or amended at any time by the testator. Any changes must be properly documented, and the revised Will must meet the same legal requirements as the original.

Challenges to a Will: Challenges to a Will can arise due to issues such as lack of capacity, improper execution, or non-compliance with legal requirements. To minimize the risk of disputes, it is advisable to seek legal counsel when drafting or revising a Will. 

Registration Locations

Dubai International Financial Centre (DIFC)

DIFC Wills and Probate Registry: Available for non-Muslim expatriates, this platform operates under DIFC laws and allows for the distribution of assets in line with common law principles.

Abu Dhabi Judicial Department (ADJD)

ADJD Wills Registry: This service caters to non-Muslim expatriates and ensures the estate is managed according to civil law principles, covering assets throughout the UAE.

Dubai Courts Wills Service

This service simplifies the registration process in Dubai, ensuring compliance with the Personal Status Law and other regulations.

Frequently Asked Questions

FAQ

This section addresses common questions for those in the UAE seeking to lodge their Final Will and Testament. It provides a general overview and does not constitute legal or Shariah advice. For personalized guidance, please contact TAXTech for an appointment. The UAE distinguishes between Muslim Wills, governed by Islamic Law, and Non-Muslim Wills, based on the Testator’s jurisdiction. While not mandatory under Sharia, Muslims are encouraged to prepare a Will, including provisions for non-heir relatives in need
“A Will is a disposal of an estate that is enforceable after death”
As per the definition of a Will, a Will is a way by which a person (known as the ‘testator’) can determine. in advance, the disposition of his estate upon his/her death i.e. to which beneficiary(ies) he/she would like to transfer ownership of his/her assets or a sum of money, subject to the limitations described below. A Will may also deal with non-financial matters and generally speaking, as per Islamic Sharia principles and traditions, a Will is not usually limited to the disposal of an estate. It may also include other wishes of the testator, such as his/her preferred burial location, funeral arrangements, debts to be paid, that his children shall perform a pilgrimage in his stead with their expenses to be paid out of the deceased’s estate or the appointment of a legal guardian to oversee, amongst others, his minor children’s finances. In addition, a Will can be made for charitable purposes.
A Will cannot include any wishes or commands that contradict Islamic Sharia. Islamic Sharia pre-determines a testator’s legal heirs (i.e. those family members that are entitled to the testator’s estate) and their respective entitlements to the testator’s estate regardless of whether or not there is a Will. However, notwithstanding this, a testator is entitled under Sharia principles to bequeath up to one-third of his estate under a Will to non-family members (including non-Muslims), charities or other organisations. A Will may only bequeath more than one-third of the testator’s estate if each of the testator’s legal heirs provides their express consent to so doing, as it may result in them receiving less than their legal entitlement to the estate. The value of the one-third portion is determined once all debts relating to the estate are satisfied, because debts have priority over the term of a Will. A Sharia-compliant Will cannot bequeath any part of the testator’s estate to a legal heir as their entitlement to the estate is already determined by Sharia and to do is viewed as favouritism. It is possible to do so if, as above, each of the testator’s legal heirs provides their express consent to the bequest. Where the consent of the legal heirs is sought to either bequeath more than one-third of the estate and/or bequeath to legal heirs, it is possible that some of the legal heirs may provide their consent and others will not. Should this be the case, the Will shall not be enforced vis a vis those who did not provide consent, and they will receive their full legal share of the estate. Those who give their consent shall receive their respective share(s) from the remainder of the estate after the enforcement of the Will.
Under UAE law, a Will has no specific form, but the language should clearly reflect the desire of the testator to bequeath his estate. A Will can be concluded verbally, in writing, or even by sign language if the person is incapable of speaking or writing3. A Will can be absolute, contingent, or restricted by certain conditions, albeit the conditions would need to be in accordance with Sharia principles. The testator can name whoever he/she wishes to be the executor of the Will or he can leave it open to all of the heirs to carry out his/her wishes and commands. The executor must declare his/her acceptance otherwise the court can appoint whoever it sees fit to oversee the execution of the Will.
The beneficiaries named in a Sharia-compliant Will can be Muslim, non-Muslim or even a charity or corporate entity. As noted above, a legal heir may only be named as a beneficiary to the extent that the other legal heirs agree to so doing consent.
The beneficiary of a Will must accept the Will upon the death of the testator, either explicitly or implicitly, within 30 days of being notified of the existence of the Will. Where the beneficiary is not an individual (i.e. an entity, charity or institution), a legal representative is required to express acceptance on its behalf. A Will may be accepted in whole or in part. Ownership of the bequeathed assets is transferred to the beneficiary(ies) instantly upon the death of the testator, unless the beneficiary refuses the Will. Consequently, if the beneficiary passes away before expressing their acceptance or refusal of the Will, title to the bequeathed asset pass on to his/her heir(s).
A Will must be made by a person of legal age, that is, at least 21 years of age. The beneficiary of a Will must be alive at the time of death of the testator. The bequeathed asset(s) under the Will must be lawfully owned by the testator. If the value of the bequeathed asset(s) under the Will exceeds one-third of the total value of the testator’s estate, it will not be valid unless, and until the testator’s legal heirs have provided their consent.
A testator must submit a request to the Personal Status Court and such request must include: his/her name; the names of the beneficiaries; and the bequeathed assets5. The judge must verify that the testator is free of all legal or religious impediments and that the assets which are the subject of the Will are lawfully owned by the testator, after which a certificate is issued which evidences that the Will is officially registered at the court.
A testator can retract his/her Will at any point during his/her life, whether in whole or in part. A Will may also be revoked (in whole or in part) if a beneficiary dies before the testator, if a beneficiary explicitly rejects the Will, or if any bequeathed asset perishes or is lawfully claimed by a third party.

Islamic Wills

Plan for Tomorrow: Draft Your Shariah-Compliant Will.

01.

Introduction

Writing a will is an act of foresight, compassion, and Islamic duty. Ensure your assets are distributed in accordance with Allah’s commandments, while protecting your family and maintaining harmony.

02.

Why You Need an Islamic Will?

Shariah Compliance: Ensure your estate is managed according to Islamic law.

Family Protection: Appoint guardians for minor children and prevent disputes over your estate.

Flexibility: Allocate up to one-third of your wealth to causes you believe in or non-heirs.

03.

The Process

Consultation: Understand your unique situation and preferences.

Drafting: We craft a will in line with Shariah and South African law.

Review & Finalization: Ensure your will is comprehensive, accurate, and legally sound.

Secure Your Islamic Will Today!

Let us help you write a will that ensures peace of mind.

Traditional Wills

Plan for Tomorrow: Draft Your Comprehensive Will

01.

Introduction

Writing a will is an essential step in safeguarding your legacy and ensuring your loved ones are provided for. Take control of how your estate is distributed and protect your family’s future. 

02.

Why You Need a Will?

Legal Compliance: Ensure your estate is managed in accordance with South African law.

Family Protection: Appoint guardians for minor children and prevent potential disputes over your estate.

Flexibility: Customize how your assets are allocated to beneficiaries and charities, as per your wishes.

03.

The Process

Consultation: Understand your unique situation, preferences, and family dynamics.

Drafting: We create a will that aligns with your intentions and complies with legal requirements.

Review & Finalization: Ensure your will is comprehensive, accurate, and legally sound.

Secure Your Will Today!

Let us help you write a will that gives you and your family peace of mind.