“No freedom is secure if your property rights are not secure.”
For every person, the management and distribution of his life-long earnings, such as property after his demise is a matter of real concern. For this purpose, having a will is a perfect option for ensuring security. However, our best family lawyers in Dubai are often encountered with this interesting question – Can you exclude your spouse from your will in UAE? Let’s find out!
Applicable law
If an expatriate dies without a will, the UAE Federal Law No. 5 of 1985 and Federal Law No. 28 of 2005 will apply and in some cases, courts can even apply the principles of Sharia Law. Recently, the country is adapting to a more progressive personal law with the introduction of Federal Law No. 30 of 2020.
Expatriates can now safeguard their property by making a formal will, recognized by the UAE legal system. Hire the top lawyer in Dubai for drafting a perfect will. If there is no registered Will, the laws of the home country of the deceased shall be applicable to the moveable assets and the real estate owned by the deceased will be distributed as per the provisions of Shariah Law.
Importantly, Dubai International Financial Centre (DIFC) has established a “DIFC wills and probate registry” which provides a platform for non-Muslims owning assets in Dubai to dispose of their property according to their wish. A will registered in Dubai Courts will cover assets & estates across the country but a will registered with the DIFC registry will give coverage only in the Emirate of Dubai.
Specifically, in Abu Dhabi Non-Muslim expats can now draw up a will devolving all the property to whomever he/she wishes. The new Federal Law no. 14 of 2021, enforceable only in Abu Dhabi, is similar to the United Nations Human Rights Declaration. The spouses can fill out the registration form of the wills of non-Muslims at the time of signing the marriage contract and decide the method of distribution of property in case of death. Consult the best family lawyer in Abu Dhabi to avoid expensive mistakes.
How to get a will registered in UAE?
The general procedure is as follows:
- Submit your application online at the website of the Judicial Department of the concerned emirate.
- After verification, if approval of the application is sent via SMS, then the applicant must pay the application fee through the website. In case a modification request is sent by the department then changes have to be made accordingly.
- The applicant has to schedule an appointment for application processing by contacting the Registration Office. The original documents including Emirate ID, Passport, will document, a document proving the bequeathed property ownership, and an official translation attested by the Ministry of Justice has to be submitted to the office where the document is drafted in non-Arabic language.
- When the will is legalized, it will be delivered by the Notary Public Department.
Therefore, you can disinherit your spouse, if the law applicable to you have provisions of will by virtue of which you can devolve property as per your wish. BSB Legal consultants, the best law firm in UAE, will protect your assets, interest, and provide you with custom-build solutions. For legal consultation contact us at info@bsb.legal or call us at +97150 8014003.