Wills & Estates Planning

At Lawgical Group, we take pride in being a reputable legal consultancy that specializes in drafting comprehensive Wills designed to cater to the unique needs of our clients. With a team of experienced legal professionals, including qualified DIFC Wills Draftsmen, we ensure meticulous preparation of each Will, providing unparalleled peace of mind and security for our clients and their loved ones. Over the years, our commitment to excellence and a track record of successful service delivery have earned us the trust of numerous satisfied clients in the region.

Our Range of Will Drafting Services:

  • Dubai International Financial Centre (DIFC) Wills: Our DIFC Will service offers a comprehensive solution that covers everything from the drafting of a customized Will to the registration with DIFC Wills Service Centre. Clients benefit from the convenience of online access to their Will, along with the flexibility to amend it themselves in the future for a nominal fee charged by the DIFC Wills Registry. A Full DIFC Will can include assets from around the world, making it an ideal option for clients with global interests.Guardianship for minors habitually residing in the UAE can also be covered. The DIFC, operating under the framework of common law principles, offers a host of advantages that numerous expatriates residing in the UAE find favourable.The entire process is conducted in English, ensuring a quick, efficient, and convenient experience.
  • Abu Dhabi Judicial Department (ADJD) Will:Our ADJD Will service covers the drafting and registration of Wills that encompass assets situated within the UAE and covers guardianship for minors habitually residing within the UAE. The registered Will is bilingual in English and Arabic. The online registration process is quick and efficient. The Wills are registered with the Abu Dhabi Civil Family Court.

Why Choose Lawgical Group for Your Will Drafting Needs?

  • Expertise: Our highly skilled team of legal professionals, registered as DIFC Draftsmen, possesses extensive experience in drafting Wills. This ensures that our clients’ wishes and intentions are accurately reflected in the document, leaving no room for ambiguity.
  • Comprehensive Approach: We understand that each client’s situation is unique, and we dedicate ample time to thoroughly analyze their specific circumstances. This allows us to offer tailored solutions that precisely meet their individual requirements and wishes.
  • Convenience: Our streamlined process guarantees the efficient and timely drafting of Wills, saving our clients valuable time and effort. We handle the legal intricacies, enabling our clients to focus on what matters most to them.
  • Peace of Mind: With our expertise and attention to detail, clients can rest assured that their assets will be protected, and their loved ones will be well taken care of according to their wishes. Our Wills provide a clear roadmap for the distribution of assets, minimizing potential conflicts and ensuring a smooth transition of wealth.

Choose Lawgical Group for your Will drafting needs and entrust your legacy to a team of legal professionals dedicated to serving you with excellence, confidentiality, and compassion. Contact us today to get started on securing you and your loved ones’ future.

CONTACT US TODAY FOR YOUR COMPLIMENTARY ONLINE CONSULTATION, where we will expertly discuss your unique requirements and provide tailored advice on the best will to perfectly suit all your needs.

Q&A

A: While your Will registered in your home country may be legally valid there, it will not be automatically recognized in the UAE. Enforcing a foreign Will within the UAE can be a time-consuming and expensive process. To ensure your wishes are respected and your loved ones are protected in the UAE, it is essential to have a Will specifically tailored and registered within the country. Without a locally registered Will, your assets and distribution may be subject to the laws and procedures of the UAE, potentially leading to complications and delays.

A: There is a new Personal Status Law (Federal Decree-Law No. 41/2022 On Civil Personal Status) that came into effect on 1 February 2023, which addresses custody and guardianship matters. According to this law, in the event of divorce, both the father and mother are granted joint custody of their children. However, the law is silent on the specific provisions when one parent passes away.

In the absence of a law specifically addressing this situation, Sharia law may be applied to determine the guardianship and custody of minor children when a parent passes away without a valid Will. Under Sharia law principles, the mother does not have an automatic entitlement to legal guardianship of her own children. In such cases, a court will intervene to determine the guardianship of the children, and guardianship may be granted to the closest male relative of the deceased father. The children will likely be placed under the care of the mother. This can potentially create uncertainties and challenges for the children and their mother.

Furthermore, if there is a Will in place and both parents pass away, but the Will only designates a guardian who is resident outside the UAE, the children may be taken into institutional care until the designated guardian arrives.

To address these risks and ensure the well-being and future of your minor children, it is strongly advised to have a valid Will drafted and registered in the UAE. By doing so, you can appoint an interim guardian who is resident within the UAE and a permanent guardian who will have the legal authority and responsibility to care for your children until they reach the age of majority. This ensures that your wishes regarding the guardianship of your children are explicitly stated and legally binding, providing the necessary protection and stability for your children in the event of your passing.

A: The new Personal Status Law (Federal Decree-Law No. 41/2022 On Civil Personal Status) applies to non-Muslim UAE citizens and non-Muslim UAE residents. If you pass away without a Will, the law stipulates that half of the inheritance shall go to the husband or wife, and the other half shall be divided equally between the children, without distinction between males and females. If the deceased has no children, the inheritance shall devolve to the parents of the deceased, if alive, equally, or half of it to one of them if the other is deceased. If both parents are deceased, the inheritance shall devolve to the deceased’s siblings equally, without distinction between males and females. Without a valid Will, your assets may not be distributed according to your specific wishes, potentially causing complications and disputes among family members. By having a Will in place, you ensure that your assets are distributed according to your intentions and provide clarity to your loved ones.

A: Probate is the court related legal process through which the court decides how a deceased person’s property is divided. So, if you have a Will, the court should review that Will to determine your wishes and follow those wishes.

A: Having a valid Will registered in the UAE offers several advantages. Firstly, the probate procedure for your loved ones will be smoother and faster, reducing the time-consuming and costly aspects associated with intestate succession (passing away without a Will). In the absence of a Will, the distribution of your estate may be subject to court proceedings and potential disputes among family members. By having a clear and registered Will, you provide certainty and guidance to your loved ones, minimizing the risk of familial conflicts during an already challenging time. Moreover, a Will ensures that your assets are distributed according to your specific wishes, protecting your legacy and ensuring that your loved ones are taken care of.

A: There are two main types of Wills available for non-Muslim expats in the UAE.

DIFC Wills: The Dubai International Financial Centre (DIFC) offers five types of Wills that follow a common-law jurisdiction:

  • Full Will: This comprehensive Will includes all your worldwide assets as well as guardianship provisions for your children if they are habitually resident in Dubai or Ras Al Khaimah.
  • Guardianship Will: This Will specifically addresses the appointment of guardians for your minor children who are habitually resident in Dubai and Ras Al Khaimah.
  • Property Will: If you own up to five real estate properties within the UAE, this Will allows you to specify how these properties should be distributed.
  • Business Owners Will: If you have up to five separate shareholdings in any free zone and/or onshore company within the UAE, this Will enables you to determine the distribution of your business assets.
  • Financial Assets Will: This Will covers up to 10 financial assets, such as bank accounts, held within the UAE.

The DIFC Wills and Probate Registry offers a convenient online registration system, allowing you to make amendments to your Will in the future for a nominal fee. The probate procedure is conducted in English and is known for being efficient and streamlined.

ADJD Wills: The Abu Dhabi Judicial Department has a designated Civil Family Court where civil Wills can be registered online. An ADJD Will can include your UAE assets and the appointment of guardians for minor children who are habitually resident in any of the seven Emirates. The probate process for an ADJD Will is handled at the Civil Family Court. The registration procedure for an ADJD Will is online, and therefore quick and convenient.

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