Ensure your estate is distributed according to your faith and personal wishes, providing peace of mind for you and your loved ones.
Islamic & Traditional Wills
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.
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.
For a Will to be legally valid, it must meet specific criteria. These include:
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.
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.
The Will must be witnessed by at least two adult witnesses who are not beneficiaries under the Will.
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.
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.
The Will must include the testator’s full name, nationality, and other relevant personal details.
It should specify all assets, including real estate, bank accounts, investments, and personal belongings.
The Will must appoint one or more executors responsible for managing the estate and distributing assets.
Beneficiaries should be clearly named and identified, including family members, friends, charities, or institutions.
If the testator has minor children, the Will should name guardians for their care.
Any particular conditions or instructions on how assets should be distributed must be outlined.
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.
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.
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.
This service simplifies the registration process in Dubai, ensuring compliance with the Personal Status Law and other regulations.
Plan for Tomorrow: Draft Your Shariah-Compliant Will.
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.
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.
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.
Let us help you write a will that ensures peace of mind.
Plan for Tomorrow: Draft Your Comprehensive Will
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.
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.
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.
Let us help you write a will that gives you and your family peace of mind.
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