Question: Can I draft a will in the UAE for my property and other assets in India?

Answer: For non-Muslim residents of Dubai, the Personal Status Law for Non-Muslims, the Dubai Wills Law and DIFC Wills and Probate Registry Rules (DIFC WPR Rules) are applicable.

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage. This is in accordance with Article 1 (1) of the Federal Decree Law No. 41 of 2022 on Civil Personal Status (the 'UAE Personal Status Law for Non-Muslims').

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“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17). of Federal Law No. (5) of 1985 referred to above.”

Further, a non-Muslim may register a will as per his or her choice. This is in accordance with Article 11(1) the UAE Personal Status Law for Non-Muslims, which states, "A legator may leave a Will with all his or her assets in the State to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law."

Further, the registration of Will of non-Muslim individuals may be in accordance with provisions of Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai (the 'Dubai Wills Law'). This is in accordance with Article 3 and Article 6(a) of the Dubai Wills Law which reads as below:

Article 3 of the Dubai Wills Law:

“This Law will apply to all Wills and Estates of non-Muslims in the Emirate, including in the Dubai International Financial Centre.”

Article 6(a) of the Dubai Wills Law:

“A register known as the "Register of Wills of non-Muslims" will be created at the Dubai Courts and at the DIFC Courts for the purpose of registering Wills of non-Muslims.”

Further, Article 9(1) of the DIFC WPR Rules provides the requirements for registration of Will for non-Muslims. A non-Muslim resident of Dubai may register his or her Will at DIFC in accordance with the DIFC WPR Rules.

Furthermore, DIFC Wills may include the movable and immovable assets of the testator located in any part of the world. This is in accordance with Article 11 of the DIFC WPR Rules, which states,“A Will may give or dispose of Immovable and Movable Property, located in any part of the world, to which the Testator is entitled at the time of his death, whether the Testator became entitled to it before or after the registration of his Will, and shall not govern succession to any other Property.”

In the emirate of Dubai, a non-Muslim individual may register his or her Will in Dubai Courts, Dubai International Financial Centre or respective Embassy/Consulate of his or her home country based in the UAE.

A non-resident Indian based outside India can register his or her Will at the Embassy or Consulate of India in the country where he or she is residing with valid residence visa. Since it is assumed that you are a resident of Dubai, you can register your Will at the Consulate General of India in Dubai.

Prior to registration of your Will it is recommended that you consult a legal counsel who is well aware of laws of inheritance in India. Further, you may take assistance of the said legal counsel to draft a Will for you as per your requirements and in accordance with prevailing laws of India. Upon finalising the draft you may approach the Indian Consulate in Dubai along with the below mentioned documents for registration of the Will.

• Two Original final drafts of Will. One will be handed over to you upon attestation and the other to be retained by the Consulate General of India in Dubai;

• Your (executant) passport along with copy of passport and UAE visa page.

• Photograph of the executant with white background and without wearing glasses;

• Two individual witnesses who are Indians and resident in the UAE

• Witnesses' passport along with copy of the passport and UAE visa page

• Copy of the Emirati ID Card/Residence proof of the executant and the witnesses

• Copy of title deeds of properties owned by the executant in India (optional).

You, along with the witnesses, must be present before the respective officer of the Consulate General of India in Dubai to sign the Will in their presence. Further, the witnesses needs to witness the Will in the presence of the said officer.

You may engage a legal counsel to assist you with registration of your Will at Dubai Court or DIFC WPR Rules or Consulate General of India in Dubai.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to:... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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