Writing and drafting the will and gift in the United Arab Emirates
The UAE Wills Law defines a will as a disposition of the estate added after the death of the testator. The will may be absolute, additive, conditional or restricted on a valid condition. If the will is accompanied by a condition that contradicts the purposes of Sharia law, or the provisions of this law, then the condition is invalid and the will is valid. The will is also executed within the limits of one-third of the testator’s estate, after paying the rights related to it, and it is valid for what exceeds one-third within the limits of the share of the adult heirs who approved it. Every act taken during a dying illness with the intention of donation or favour, shall be subject to the provisions of the will, regardless of the name given to it.
The UAE Wills Law defines the elements of a will as: the formula, the testator, the legatee, and the legatee. The will is concluded verbally or in writing, and if the testator is unable to do so, then by an understandable sign. Among the conditions for the validity of the will are the following
A will from someone who has the capacity to donate is valid, even if it was issued during a terminal illness, taking into account the provisions of Articles 174 and 176 of this law.
The will of the person under interdiction due to his stupidity or neglect of relatives is valid with the permission of the court.
The testator has the right to amend the will or revoke it, in whole or in part.
The testator’s forfeiting the specific money he bequeathed is considered a revocation of the will.
The will is valid for the person whose ownership is valid for the legatee, even if there is a difference in religion.
There is no will for an heir unless the remaining adult heirs approve it, and it is implemented in the share of the person who approved it.
At Ras Al Khaimah Law Firm, we are keen to provide legal advice for drafting and writing contracts related to wills and gifts that may arise in this field. We work to provide this advice to many clients in all regions of the United Arab Emirates, in a way that achieves optimal solutions in all the contracts in which we work. Therefore, if you have any questions regarding the will and gift in the Emirates, you can contact our lawyer to give you your legal destination.
