Question: I possess properties and assets both in the UAE and my home country. Is it feasible to draft a will in my home country that also governs my assets in the UAE? Would such a will be acknowledged and enforceable in the UAE? Are there any legal hurdles I should be aware of, and what does the procedure entail?
Answer: Assuming you are a non-Muslim, several legal frameworks could apply to you, which include the UAE Civil Procedures Code, UAE Personal Status Law for Non-Muslims, the Dubai Wills Law, and DIFC WPR Rules.
In the UAE, judgments issued by foreign courts can be enforced, provided certain prerequisites are fulfilled.
According to Chapter 4 (Articles 222 to 225) of the Federal Decree Law No. 42 of 2022 establishing the Civil Procedure Code, procedures for the execution of foreign judgments, orders, and documents in the UAE are outlined.
Articles 222 and 224(1) of the UAE Civil Procedures Code are as follows:
Article 222 states:
“1. Enforcement orders may be made for judgments and orders issued in foreign countries, based on the same conditions that govern the execution of judgments and orders within the State.
2. A petition for enforcement must be submitted by the concerned party to the Execution Judge, including the information specified in Article 44 of this Code. The Judge must issue their order within five working days after the submission, and this order is subject to appeal in accordance with the rules for appealing judgments. An enforcement order cannot be issued until the following conditions have been verified:
a. The UAE Courts lack jurisdiction over the dispute for which the judgment or order was rendered, and the foreign courts that issued it had jurisdiction according to their own laws.
b. The judgment or order must have been made by a court with jurisdiction under the laws of the country where it was issued, and it should be duly endorsed;
c. All parties involved in the foreign judgment must have been summoned and adequately represented;
d. The judgment or order must have become final and binding as per the law of the issuing court, which the applicant must demonstrate through a certificate or explicit statement within the judgment;
e. It must not conflict with any existing judgment or order issued by the courts in the UAE and must not violate morals or public order in the State.
3. The Execution Judge is permitted to obtain supporting documents prior to making their decision.”
Moreover, Article 224 (1) of the UAE Civil Procedures Code indicates:
“Enforcement orders may be made for notarized documents and Memoranda of the Composition certified by foreign courts, following the same conditions set by that country’s laws for the enforcement of similar documents within the State.”
Articles 226 to 232 of the UAE Civil Procedures Code outline specific rules that UAE courts may adhere to when dealing with personal status matters.
Additionally, the beneficiaries or the executor of a will can initiate probate proceedings in their home country’s competent court and secure a probate order to execute the will.
The beneficiaries or executor of a will must ensure that it is properly notarized and legalized, including all necessary attestations, such as certification by the UAE embassy in the country where the will is registered.
Once these requirements are fulfilled, the will must be attested by the UAE Ministry of Foreign Affairs and International Co-operation and translated into Arabic, with the translation attested by the Ministry of Justice. After these steps, the will can be submitted to a Personal Status Court in the UAE jurisdiction relevant to the matter.
An alternative option for non-Muslims is to register a separate will specifically for their UAE assets, conformément to (1) Federal Decree Law No. 41 of 2022 on Civil Personal Status, (2) Law No. 15 of 2017 regarding the Administration of Estates and Implementation of Wills for non-Muslims in Dubai, (3) DIFC Wills Service Center, and (4) ADGM Courts.
In conclusion, you may consider drafting a will for your UAE assets, and it is advisable to seek legal advice from professionals based in both the UAE and your home country for further guidance.
Applicable laws:
1. Federal Decree Law No. 41 of 2022 on Civil Personal Status 2. Law No. 15 of 2017 concerning the Administration of Estates and Implementation of Wills for non-Muslims in Dubai 3. DIFC Wills and Probate Registry Rules
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He has the qualifications to practice law in Dubai, the UK, and India. For more details, visit www.amalawyers.com.