If the deceased died intestate (without leaving a will), then the transfer of assets will be considered by a UAE court in accordance with the UAE Civil Code and sharia.
All the assets of the deceased located in the UAE will be “frozen” until his debts (including fees and penalties) are paid and the court decides to distribute such assets to the heirs.
Applying to a local court is compulsory if the deceased did not leave a will or made it outside the UAE. The heirs will first have to obtain all required succession documents where the inheritance was opened and only after that file documents with the UAE court.
Legalized copies of the following documents with their translation are required to start the work:
The following information is required to make court documents:
When making a decision on the distribution of property among the heirs, UAE courts normally apply provisions of local legislation in respect of the order of heirs and their share in the property, which may significantly differ from the practices of other countries.
For this purpose, the UAE has established a very interesting institution, the DIFC Courts Wills Service.
This service allows people who are not and have never been Muslims but have invested in the UAE and reside in the UAE to transfer their assets and/or appoint guardians for their children in accordance with instructions in their will.
A will registered at the DIFC Courts Wills Service does not require taking further legal action and can be executed in Dubai and RAK without additional administrative procedures.
Such will can be made by any non-Muslim over 21 years of age who has assets in RAK or Dubai.
The following types of will can be registered:
Full Will – covers all types of assets, as well as guardianship of the testator’s minor children;
Guardianship Will – covers guardianship of the testator’s minor children if they are resident in RAK or Dubai;
Property Will – covers real estate located in Dubai or RAK. One will can cover up to 5 real estate properties;
Business Owners Will – covers shares in companies owned by the testator. One will can cover up to 5 companies;
Financial Assets Will – covers bank and brokerage accounts. One will can cover up to 10 accounts.
Will registration fees at the DIFC Courts Wills Service range from AED 5 000 to AED 15 000 (not including 5% VAT) depending on the type of the will.
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Services
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Fees
(not including VAT) |
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Supporting intestate (without a will) succession procedure in the UAE, not including government or court fees
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from USD 30 000
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Drafting a will through the DIFC Courts Wills Service
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from USD 9 000
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Government fee for registration of a will at the DIFC Courts Wills Service
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from AED 5 000 to AED 15 000
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*Fees are valid as of the date of this proposal.