A will is a person’s disposition of their property after death. It is a fundamental tool for distributing assets to heirs according to the deceased’s wishes. However, in certain circumstances, the invalidation of a will can void the deceased’s intent and alter the distribution of their estate among the heirs.

What is a Legal will in the UAE?

A will in the UAE is a legal disposition made by a deceased person regarding the distribution of a portion of their assets or money to their heirs or others after their death, in accordance with Islamic Sharia. There are specific rules and controls that a will in the UAE must adhere to to ensure its validity.

Reasons for the Invalidation of a Legal will in the UAE

The reasons that can lead to a will’s invalidation in the UAE vary. You can learn about and address all these reasons by consulting with a specialized personal status lawyer, such as those at Samaha Legal Consultancy. These reasons can be summarized as follows:

• Failure to Meet Legal Conditions: A will must comply with several legal conditions stipulated by the UAE Personal Status Law. These conditions include:
  1. The testator must be of sound mind when writing the will.
  2. The will must be made in a formal manner, either in a documented written form with the competent authorities or verbally in the presence of recognized witnesses.
  3. The will must not exceed one-third of the estate, unless the heirs consent to a larger portion.
• Undue Influence or Coercion: If it is proven that the testator executed the will under the influence of coercion or threats, the will is considered void. A will must be a genuine expression of the testator’s free will, without any external pressure.
• Error in Identifying Heirs or Disposing of Unowned Property: If a portion of the inheritance is allocated to a non-heir or if property not owned by the testator is designated, this error can lead to the will’s invalidation. Similarly, if the will includes a distribution system among heirs that violates the Sharia inheritance system, such as disinheriting legal heirs from their rightful share, the will is considered void.
• Lack of Legal Capacity: If the testator lacked legal capacity at the time of writing the will, whether due to age or mental illness, the will is considered void. The testator is required to be an adult, of sound mind, and have full legal capacity.
• Failure to Complete Documentation Procedures: Sometimes, a will may be made but not officially documented in court or with the competent authorities. This can weaken the will’s legal standing before the judiciary.

Procedures for Challenging a Legal Will in the UAE

If heirs or any other person doubt the validity of a will, they can resort to the judiciary to challenge it. They can contact Samaha Legal Consultancy to complete these procedures, which are as follows:

1. Filing a Lawsuit for Will Invalidation: A specialized lawyer, like those at Samaha Legal Consultancy, will file a lawsuit with the competent court in the UAE. The plaintiff will then present evidence and testimonies supporting their request for the will’s invalidation.
2. Providing Proof of the Grounds for Invalidation: The plaintiff must prove the reasons that led to the will’s invalidation, whether they relate to coercion, error, or lack of documentation.
3. The Court’s Role in Verifying the Will’s Validity: The competent court will review the will and verify the validity of the procedures followed in its creation, such as the presence of witnesses, to ensure the will is consistent with legal rules and Islamic Sharia.

What Are the Legal Consequences of a Legal Will‘s Invalidation?

If the court rules to invalidate a will, the judgment will have significant legal consequences related to the distribution of the inheritance. In this case, you can contact Samaha Legal Consultancy to understand what these consequences are and how to handle the situation correctly and legally.

1. Inheritance Distribution According to Islamic Sharia: When a will is invalidated by the court, the inheritance is distributed according to the provisions of Islamic Sharia. The share of each legal heir is determined based on the established rules of Sharia.
2. Reversal of Dispositions Related to the Will: If the will led to material or legal dispositions, such as transferring ownership or distributing funds, these dispositions are rendered void. The funds or assets are restored to the original inheritance.
3. No Effect on the Testator’s Personal Rights: If the will had designated certain assets to a person or transferred specific rights, the will’s invalidation does not affect the testator’s personal rights before their death.

Judicial Precedents for Legal Will Invalidation Cases in the UAE

Judicial rulings related to the invalidation of wills vary significantly based on the facts surrounding each case. In some instances, judicial interpretations may be sought on issues such as the effect of coercion or error in the execution of a will. For accurate and appropriate legal advice, you can consult Samaha Legal Consultancy, which has a team of expert lawyers with precise legal knowledge.

Frequently Asked Questions About Will Invalidation

What are the reasons that lead to the invalidation of a will? The main reasons for invalidating a will in the UAE include:

1. Failure to meet legal conditions.
2. Coercion.
3. Error in identifying heirs.
4. Lack of documentation.

Can heirs challenge a will? Yes, heirs can file a lawsuit for the will’s invalidation before the competent court.

Is a will affected by the absence of witnesses? Yes, in the absence of accredited witnesses or official documentation of the will, it may be considered legally invalid. You can consult a specialized lawyer, such as those at Samaha Legal Consultancy, to understand how the absence of witnesses can affect a will.

How is the estate distributed if the will is invalidated? If a will is invalidated, the inheritance is distributed according to the provisions of Islamic Sharia.