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)
While ADJD offers a cost-effective option, the DIFC allows the inclusion of one’s Worldwide Estate and Global Assets. Non-Muslim expats can choose to include either their UAE estate or their Worldwide estate, with a virtual registration process. 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.
Our Team
Legal Experts
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.
