By editor 
Creating a will in Dubai is an important step for anyone who wants greater certainty about what happens to their assets after death. However, simply writing down your wishes does not automatically make a will legally valid or enforceable. The document must meet specific legal and procedural requirements, which can vary depending on the legal framework and registration authority involved.
For anyone considering Dubai wills, understanding these requirements can help avoid mistakes and ensure that your wishes are properly recognised.
So, what makes a will legally valid in Dubai? Here are the key requirements to know.
1. The Testator Must Meet the Applicable Age Requirement
The minimum age requirement is an important consideration when making a will in Dubai. A testator, which is the person making the will, must meet the legal age requirement that applies to their chosen registration route.
Under the updated rules, individuals who are 18 years old or above can make a legally valid will, provided they meet the other applicable requirements. This means that age alone does not make a will valid. The testator must also have the required legal capacity and follow the correct procedures when preparing and registering the will.
2. The Testator Must Have Legal Capacity
The testator must have the mental and legal capacity to make the will at the time it is created and signed. They should understand the nature and consequences of the document and make their decisions voluntarily.
A will made when a person lacks the required capacity, or one affected by coercion or undue influence, may be challenged. This is why it is important that the testator understands the provisions of the will and is making them freely.
3. The Will Must Be in Writing
A will should be formally documented rather than relying on verbal instructions. The applicable law and registration authority determine the specific requirements for the document.
For DIFC Courts Wills, the Wills Service provides different types of wills covering matters such as UAE property, financial assets, business interests, and guardianship. The appropriate type depends on the assets and circumstances of the testator.
4. The Will Must Be Properly Signed and Witnessed
Proper execution is an important part of will registration in Dubai. Under the applicable DIFC requirements, the testator must sign the will in the presence of two witnesses. The witnesses must also meet the required conditions.
For DIFC Courts Wills, witnesses must be at least 18 years old and have valid identification. They must not be beneficiaries or guardians named in the will, or spouses of beneficiaries or guardians. DIFC Courts also permits the registration appointment to take place virtually, allowing the testator and witnesses to complete the signing process by video conference.
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5. The Will Must Be Registered Through the Appropriate Authority
Registering a will with the appropriate authority is an important step in ensuring that it is properly recognised and can be enforced when needed. In Dubai, the registration authority depends on the testator’s circumstances, religion, and the legal framework under which the will is being made.
For example, non-Muslims may register their wills through the DIFC Courts Wills Service, ADJD, or the Dubai Courts, depending on the applicable requirements. For muslims, they can register their wills through the Abu Dhabi Judicial Department (ADJD) under the relevant UAE legal framework. This means that choosing the right registration route is just as important as preparing the document itself.
6. The Will Should Clearly Identify the Executor and Beneficiaries
A will should clearly state who will benefit from the estate and who will be responsible for carrying out the testator’s wishes. The person appointed to manage the estate and handle the administration process is known as the executor.
The beneficiaries should also be clearly identified to avoid confusion about who is intended to receive the assets. Under the applicable requirements, a registered will should nominate an executor and clearly state how the assets covered by the will should be distributed.
7. The Will Should Be Reviewed and Updated When Necessary
Creating a will is not necessarily a one-time process. Changes in your family, assets, relationships or personal circumstances may affect how you want your estate to be distributed. For example, you may acquire new property, have children, or want to change your beneficiaries or executor.
It is therefore important to review your will from time to time and update it when necessary. Any changes should be made through the appropriate legal process to ensure the updated will remains valid and reflects your current wishes.
Protect Your Wishes with a Valid Dubai Will
A legally valid Will in Dubai requires more than simply putting your wishes in writing. Meeting the applicable age and capacity requirements, properly preparing and signing the Will, choosing the right registration authority, and clearly naming your beneficiaries and executor can help ensure your wishes are properly recognised.
Because your circumstances can change over time, it is also important to review and update your Will when necessary. Having your Will prepared, reviewed and registered by a qualified lawyer can help ensure it complies with the relevant legal requirements and continues to reflect your current wishes.