A Beginner’s Guide To Creating A Will In Abu Dhabi

Creating a will is a crucial step in ensuring that your wishes are carried out and your loved ones are provided for after your passing. In Abu Dhabi, as in many other jurisdictions, understanding the legal requirements and procedures for drafting a will is essential for peace of mind and effective estate planning. This beginner’s guide aims to provide an overview of the key steps and considerations involved in creating Abu Dhabi wills specifically tailored to the legal framework.

Understanding the legal framework:

In Abu Dhabi, wills are governed by Federal Law No. 5 of 1985 concerning Civil Transactions Law and its amendments. According to this law, non-Muslim expatriates have the freedom to dispose of their assets through a will in accordance with their personal wishes, while Muslim expatriates are subject to Sharia law regarding inheritance. Understanding these legal nuances is crucial for ensuring that your will complies with local regulations and is legally enforceable.

Identifying assets and beneficiaries:

The first step in creating a will is to identify your assets and beneficiaries. This includes properties, investments, bank accounts, and personal belongings that you wish to distribute among your loved ones. It’s essential to make an inclusive list of all your assets and determine how you want them to be distributed, taking into account the needs and preferences of your beneficiaries.

Appointing executors and guardians:

In your will, you can appoint one or more executors who will be responsible for administering your estate and ensuring that your wishes are carried out according to your instructions. Additionally, if you have minor children, you can nominate guardians who will be responsible for their care and upbringing in the event of your passing. Choosing trustworthy and responsible individuals for these roles is crucial for the smooth execution of your estate plan.

Drafting the will:

Once you have gathered all the necessary information, you can proceed to draft your will. While it’s possible to create a will on your own using standard templates or online resources, seeking professional legal advice is highly recommended, especially in complex situations involving multiple beneficiaries or significant assets. A qualified lawyer can help you understand the legal requirements and ensure that your will accurately reflects your wishes and complies with local laws.

Executing and registering the will:

After drafting your will, you must sign it in the presence of two witnesses who are not beneficiaries or related to beneficiaries by blood or marriage. Once signed, the will should be registered with the Abu Dhabi Judicial Department to ensure its validity and authenticity. Registering your will provides an additional layer of protection against disputes and challenges in the future.