Conditions for a Valid Sharia Will in the UAE The provisions for a Sharia will in the UAE are found in the UAE Personal Status Law, which defines it as a disposition of property that takes effect after the death of the testator.

The conditions for a valid Sharia will in the UAE can be summarized as follows:

• The will must be issued by a living person before their death.
• The person must have control over their own property, and the disposition must remain valid until after their death.
• The testator must have the legal capacity to donate.
• The beneficiary must be a specific, living person (or a fetus in the womb).
• The beneficiary must accept the will after the testator’s death, or during their lifetime and continue to accept it after death.
• The bequeathed property must belong to the testator and its subject must be legitimate.
• The testator must not revoke their will, either explicitly or implicitly.
• The beneficiary must not predecease the testator.
• The beneficiary must not reject the will, either during the testator’s lifetime or after their death, or kill the testator.
• The bequeathed property must not be destroyed or be owed to a third party.

If you need a consultation regarding a Sharia will in the UAE, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

What Are the Components of a Sharia Will’s Legal Wording in the UAE?

The drafting of a Sharia will in the UAE requires specific key components to be included; otherwise, the will may be considered void. These components are:

• Full details of the testator: name, address, and nationality.
• Full details of the beneficiary: name, address, and nationality.
• A precise and clear description of the bequeathed property.
• The specific wording of the will, for example, “I bequeath a part of my property (specifying the part) to so-and-so (naming the beneficiary) after my death.”
• Any conditions set by the testator, provided they are valid and do not contradict Sharia principles.
• The date the will was written and the testator’s signature, followed by official notarization by a notary public.

You can obtain the best legal wording for a Sharia will in the UAE through a specialized lawyer at our firm, Samaha. Here is an example:

I, the undersigned, ________ (mentioning the testator’s details in full). I hereby acknowledge, with full legal capacity, that I have bequeathed to so-and-so (mentioning the beneficiary’s details in full) a part of my property (here specifying the bequeathed property, which could be real estate, a car, or any other valuable asset), for them to own after my death. Dubai on [Day]/[Month]/[Year]. The Testator: ________ Signature: ________

you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Read more: The New Personal Status Law in the UAE

What is the Method for Writing a Sharia Will in the UAE?

Any person has the right to dispose of their money and property as long as they are alive. After their death, the property is directly transferred to their rightful heirs according to the Personal Status Law, which is based on Islamic Sharia. However, this does not negate an individual’s authority over their wealth, as the law permits them to dispose of their estate before death, provided this disposition is to take effect after death. This is done by preparing a legally compliant Sharia will in the UAE.

The preparation of a Sharia will in the UAE requires following some important steps to ensure it contains all the necessary information to make it a legal document that can be acted upon and executed. The method for writing a will is as follows:

• Clearly indicate that the document is a Sharia will.
• The testator writes their personal details and the beneficiary’s details in a way that prevents ambiguity, including name, address, contact information, and national ID number.
• The testator must acknowledge that they have full legal capacity and that they prepared the will of their own free will without any coercion or pressure.
• The testator acknowledges that there is no other will.
• The properties and assets must be described precisely. For example, if it is a monetary amount, the exact sum should be specified. If it is real estate, the property number and its specifications should be included.
• Any conditions the testator wishes to impose on the beneficiary’s receipt of the will’s contents must be stated, provided that the condition does not violate the Sharia or legal provisions for wills.
• Mention the date and location where the will was written.
• The testator acknowledges their legal responsibility for the accuracy of the data in the will’s wording.
• The will is signed by the testator, the witnesses present, and the lawyer if one was used to prepare the will.

you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Is a Sharia Will Enforceable in the UAE?

Yes, a Sharia will in the UAE is enforceable if it meets its legal conditions. It cannot be modified or delayed. It is executed within the limits of one-third of the testator’s estate only, after all outstanding rights and debts are paid. The will is not valid for more than one-third of the estate unless an heir allows it, in which case it is executed within the limits of their share.

Read also: Request to Release a Prisoner in the UAE

Is a Will for an Heir Valid in the UAE?

A Sharia will in the UAE is not valid for an heir unless the other adult heirs consent. If they do, it is executed within the share of the consenting heir. It can also be executed even without the heirs’ consent if a compelling interest warrants it, as approved by the court.

Can a Sharia Will in the UAE Be Invalidated if It Contains a Condition that Violates the Principles of Islamic Sharia or the Law?

No, the will is not invalidated if it contains a condition that violates the principles of Islamic Sharia or the law. The condition itself is void, but the will remains valid.

If you need assistance regarding a Sharia will in the UAE,  you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.