Dubai will registration for Muslims is the formal process of documenting a Wasiyat (Islamic will) with the official authorities. This procedure allows a Muslim testator to specify bequests for a portion of their estate, appoint an executor, and name guardians for minor children, all within the framework of Sharia law. The process is governed by Federal Decree-Law No. 28 of 2005 concerning Personal Status and is administered by the Dubai Courts. Registering a will provides legal certainty and ensures the testator’s wishes are known and can be executed after their death. This guide outlines the legal principles, procedural steps, and specific requirements for Muslims to register their wills in Dubai.
The Legal Framework for Muslim Wills in Dubai
The legal foundation for a Muslim’s will in the UAE is rooted in Federal Decree-Law No. 28 of 2005 concerning Personal Status, which codifies the principles of Sharia law. A will made by a Muslim is referred to as a Wasiyat. The law distinguishes between the Wasiyat (the bequest) and the Faraid (the fixed shares of inheritance). The Dubai Courts provide the official service for registering a Wasiyat. This registration does not override the mandatory rules of Faraid; instead, it provides a formal, legally recognized channel to manage the discretionary portion of the estate and other post-mortem wishes in a manner compliant with Islamic jurisprudence.
The Purpose and Scope of a Muslim Will (Wasiyat)
A Muslim will, or Wasiyat, serves several specific legal purposes under Sharia law. Its primary function is to allow the testator to make a bequest of up to one-third of their net estate to individuals who are not legal heirs under Faraid or for charitable purposes. The will is also the instrument used to appoint an executor (Wasi or Executer) to administer the estate, settle debts, and distribute the assets. Furthermore, it is the only legal document through which a Muslim can appoint a guardian for their minor children. The will cannot be used to alter the fixed shares of the legal heirs defined in the Quran.
The Dubai Courts Will Registration Service: The Primary Pathway
The Dubai Courts offer a dedicated and official service for the registration of wills by Muslims. This service is the primary and most appropriate pathway for ensuring a Wasiyat is legally valid and enforceable in Dubai. The process is designed to be secure and legally robust, requiring the testator to appear before a judge. The registration provides an official, government-backed record of the testator’s final wishes. This formal registration simplifies the future probate process for the heirs, as the will’s authenticity and validity have already been confirmed by the judiciary at the time of its creation.
Step 1: Drafting the Will (Wasiyat)
The first procedural step is the drafting of the will. The document must be clear, unambiguous, and legally compliant. For registration with the Dubai Courts, the will must be typed in Arabic. It should include the testator’s full personal details, a declaration of faith, a comprehensive list of assets and liabilities, the specific one-third bequest, the appointment of a trusted executor, and the appointment of a guardian for minor children. The drafting must be precise to ensure it is upheld by the court and does not conflict with Sharia principles.
Step 2: Booking an Appointment and Attending in Person
The registration cannot be completed remotely. The testator must book an appointment at the Dubai Courts service center, either through their official website or mobile application. On the day of the appointment, the testator must attend in person. They must be accompanied by two male Muslim witnesses who are not beneficiaries of the will. All parties must bring their original Emirates IDs and passports. The physical presence of the testator is mandatory for the judge to verify their identity and capacity.
Step 3: Verification and Registration by the Judge
During the appointment, the testator appears before a judge. The judge’s role is to conduct a formal verification. The judge will question the testator to confirm they are of sound mind, are not under any duress, and fully understand the contents of the will they are registering. The two witnesses will also be required to attest that the testator is acting voluntarily. Once the judge is satisfied with the testator’s intent and mental capacity, they will formally approve and register the will in the court’s official records.
Step 4: Receiving the Registered Will Certificate
Upon successful completion of the verification process, the Dubai Courts issue an official certificate of will registration. This certificate serves as conclusive proof that the will has been legally registered and is stored securely by the judiciary. The testator receives a copy of this certificate, which should be kept in a safe place along with other important legal documents. This certificate is the key document that the executor will present to the court after the testator’s death to initiate the probate process and begin administering the estate according to the registered Wasiyat.
The One-Third Bequest Rule: A Core Principle
A fundamental principle of Islamic inheritance law that governs a Muslim’s will is the one-third bequest rule. A testator is legally permitted to bequeath no more than one-third of their net estate (after debts and funeral expenses are paid) to anyone they choose. This portion can be given to non-heirs, such as friends or charitable organizations, or can be used to increase the share of an heir who is already entitled to a fixed portion. If a testator attempts to bequeath more than one-third, the court will reduce the bequest to the legally allowed limit. If the bequest is less than one-third, the remainder is added back to the main estate for distribution among the legal heirs.
Essential Documents for Will Registration
A specific set of documents is required to complete the will registration process at the Dubai Courts. Preparing these documents in advance is essential for a smooth appointment. The requirements are strictly enforced by the court’s staff to ensure the integrity of the registration process. Multicorp Dubai assists clients in compiling and verifying all necessary paperwork before the scheduled court appointment.
- The original Emirates ID card of the testator.
- The original passport of the testator.
- The original Family Book (Khulasat Al Qaid) of the testator.
- The original Emirates ID cards and passports of the two male Muslim witnesses.
- A typed draft of the will in Arabic.
- A list of the testator’s assets and liabilities.
- Full details (names, contact information) of the appointed executor and guardian.
The Procedural Function of Multicorp Dubai in Muslim Will Registration
Multicorp Dubai provides a specialized procedural service for Muslims seeking to register their wills in Dubai. The firm’s function begins with the expert legal drafting of the Wasiyat in precise, compliant Arabic, ensuring all clauses are legally sound and do not contravene Sharia principles. Multicorp Dubai then manages the logistical process of booking the appointment with the Dubai Courts. The firm prepares the testator and their witnesses for the hearing, explaining the judge’s questions and ensuring all documentation is in order, thereby facilitating a seamless and efficient registration experience.
Distinction from Non-Muslim Will Registration Services
It is vital to distinguish the will registration process for Muslims from that available to non-Muslims. Services like the DIFC Wills and Probate Registry are exclusively for non-Muslims and operate under a common law framework. These services allow non-Muslims to distribute their entire estate according to their wishes, thereby opting out of Sharia law. Muslims cannot use the DIFC service to override the fixed-share inheritance rules of Faraid. A will registered by a Muslim at the DIFC that conflicts with Sharia law would be deemed invalid for the portion of the estate governed by UAE law. The Dubai Courts service is the correct and only legally compliant pathway for Muslims.
Frequently Asked Questions (FAQs)
Can a Muslim register a will in Dubai?
Yes, Muslims can register a will, known as a Wasiyat, with the Dubai Courts. This service allows them to formalize bequests of up to one-third of their estate and appoint an executor, in compliance with Sharia principles.
Is the one-third bequest rule mandatory?
Yes, under Sharia law, a Muslim can only bequeath a maximum of one-third of their net estate to non-heirs or for charity. The remaining two-thirds must be distributed according to the fixed shares of inheritance (Faraid).
Can a Muslim use the DIFC Wills Service?
No, the DIFC Wills and Probate Registry is exclusively for non-Muslims. It allows them to bypass Sharia inheritance rules. A Muslim’s will must be registered with the Dubai Courts to be legally valid under Islamic law.
What happens if I die without a will as a Muslim in Dubai?
If you die without a will, your entire estate will be distributed according to the mandatory fixed shares of Sharia inheritance law (Faraid) as determined by the Dubai Courts. You will lose the ability to make the one-third discretionary bequest.
Who can be a witness for a Muslim will registration?
The Dubai Courts require two male Muslim witnesses who are not named as beneficiaries in the will. They must be of sound mind and must attend the registration appointment in person with their original Emirates IDs.