Wills, Estates and Succession Planning
The importance of concluding a legally valid Will in the UAE can’t be emphasised enough, and is an essential part of effective estate planning. At James Berry and Associates, our personalised approach to will writing services includes a review of the entire estate, and advising on the most appropriate option available. Should further assistance be required, we may also assist in a Worldwide Inheritance Advisory capacity. There are currently 2 modes of Wills we assist with; namely
- Wills registered with the ADJD (Abu Dhabi Judicial Department;) and
- Wills Registered with the DIFC (Dubai International Financial Centre.)
1. Wills registered with the ADJD (Abu Dhabi Judicial Department)
Will registration with the ADJD is a cost-effective option for both Non-Muslim and Muslim expats owning assets in the UAE. The virtual registration process is straightforward. An ADJD Will safeguards corporeal assets and includes provisions for guardianship, specifically aimed at protecting children residing in the UAE who have not yet reached the age of majority.
2. Wills Registered with the DIFC Dubai International Financial Centre)
DIFC Wills make provision for the appointment of both temporary and permanent guardians for minor children. Non-Muslim expats can include their UAE estate with a virtual registration process that can be attended to anywhere in the world. We further provide assistance for witnessing DIFC Wills.Standard provisions related to guardianship for minors apply. We also provide assistance for witnessing DIFC Wills.
Reviewing of existing wills (ADJD and DIFC)
Regularly reviewing existing wills is essential to ensure ongoing recognition and compliance with current statutory provisions. We offer legal support for amending existing wills so that they remain up-to-date and in accordance with the latest statutory provisions.
These may include:
- Revocation of Wills.
- Aligning Wills with Company Framework.
- Adding/removing Executors.
- Updating Guardianship Provisions.
- Updating Executorship
Probate and Inheritance Services
In the unfortunate event of a person’s demise, we assist in ensuring that the distribution of the estate is applied either per the testator’s final wishes, or in accordance with Sharia law. This includes estates whereby wills had been concluded through either the ADJD or the DIFC. Probate services are a crucial legal necessity.
Division of Estates per Sharia Law - UAE Law Of Inheritance
The UAE law of inheritance, particularly under Sharia Law provisions, differs from the norms familiar to expats. We act as inheritance law advisors in the UAE, navigating the legal process through local courts.
Some of the assistance provided may include:
- Management of all administrative-legal tasks.
- Drafting of Powers Of Attorney.
- Assisting with the attestation of documents through the Ministry of Foreign Affairs, and Ministry of Justice.
- Physical attendance to speed up the probate process.
- Working closely with local Counsel to ensure matters are attended to in a timely manner.
Recognition of Foreign Wills
Management of Estate Files
In cases where a person passes away without a legally valid will, we work closely with local legal counsel to manage the estate file appropriately. We engage with third-party entities to enforce the court’s decisions, ensuring a comprehensive and organised process.
Priced According to Your Needs
1. Our professional fees for consultations (Mondays to Fridays 09:00am to 15:00pm) conducted either in-person at our offices, alternatively by way of Zoom video conference are charged at AED 1,600.00 plus 5% VAT payable in cash or bank transfer prior to the consultation.
2. Drafting of Mirror Wills (for husband and wife) i.e. Full Mirror Wills which covers both assets and guardianship provisions (both interim and permanent guardianship) – AED 5,200.00 plus 5% VAT
3. Drafting of a Singular Will i.e. Full Single Will or Guardianship only Will – AED 3,900 plus 5% VAT
4. Our fees for management of registration of Wills on the DIFC / ADJD website is AED 400 plus 5% VAT.
5. Our professional fees for our assistance with witnessing a DIFC Will, is AED 600 plus 5% VAT (in case of DIFC, you may opt to make use of your own witness)
Please note that Will(s) would have to be registered with the relevant authorities. There are two modes of registration of UAE Wills, which Romano advises on:
- Registration at the DIFC Wills service Centre (DIFC WSC) and
- Registration with the Abu Dhabi Judicial Department Non-Muslim Wills office (ADJD)
The mode of registration most suitable for you shall depend on your personal and financial circumstances, which you will discuss with Romano, the Head of the Wills & Probate department, in detail during the meeting.
Wills, Estates and Succession Planning FAQs
What’s the difference between ADJD and DIFC will registration?
There are a few differences which must be discussed in detail during a consultation. The main differences pertain to the processes involved, and the costs associated with registering each.
Can James Berry & Associates review and amend existing wills?
We are le to assist with making amendments to wills both through the Dubai International Financial Center (DIFC) and the Abu Dhabi Judicial Department (ADJD.)
How does the firm assist with probate and inheritance services?
We assist the client with the entire process. This includes both cases of testacy, and intestacy law.
Can foreign wills be recognised or enforced in the UAE?
Foreign wills may be given recognition but this will vary on a case to case basis and a consultation will be required to confirm.
What succession planning services are offered beyond will drafting?
We provide an array of services, including inheritance planning, and assisting with deceased estates. Our services also extend to amending wills, and keeping clients up to speed on the latest changes in legislative provisions.
How are guardianship provisions handled in wills for minors?
These are handled on a case-to case basis and the principles behind guardianship must be understood by any person who has children under the age of majority within the UAE.
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What clients say about our Wills, Estates and Succession Planning Services
I would highly recommend James Berry & Associates and will certainly use them again in the future.
