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Civil Wills Abu Dhabi

Civil Wills Abu Dhabi

Lawgical with Ludmila Yamalova

25 July 2023

Tim Elliot
Welcome to Lawgical, the UAE’s first and only, even now, regular legal podcast. My name’s Tim Elliot. I’m with the Managing Partner of the Dubai-based legal firm Yamalova & Plewka, Ludmila Yamalova. How nice to see you.

Ludmila Yamalova
Good to see you too, Tim.

Tim Elliot
This episode of Lawgical is about registering a civil will at the Abu Dhabi Judicial Department. Ludmila, this is important news, I think. We’ve got more and more people living here in the UAE, making the UAE their home, or at least spending more time here, so this announcement is welcome.

Ludmila Yamalova
Indeed. Just as a reminder, this is not the first forum or option for civil wills in the UAE. We have covered this before in previous podcasts. The DIFC, or the Dubai International Financial Centre Wills Centre, has been in existence for a few years now, allowing non-Muslim expats or non-Muslims in general to register wills. It started out just being limited to Dubai assets, then extended to Ras Al Khaimah, and now includes assets across the UAE and even globally.

However, a common complaint about the DIFC Wills Centre is the high cost of registering a will. While it has many benefits, the cost makes it less appealing for those with simpler estates or those who are more cost-conscious. In addition to DIFC will registration fees, there are also Centre fees and lawyer fees, as these wills must be drafted in a specific format.

Now, Abu Dhabi has introduced its own option for civil wills through the Abu Dhabi family court, which operates under the Abu Dhabi Judicial Department, or ADJD. This service was established by Law No. 14 of 2021 concerning civil marriages and its effects in the emirate of Abu Dhabi. Residents, tourists, or anyone interested in registering a civil will in the UAE now have this alternative. Moreover, the cost of registering a will with ADJD is significantly lower than the DIFC Wills Centre. While it’s a newer service, it’s a great additional option.

Tim Elliot
So, you can now register a will in Abu Dhabi. What do you need to do? What’s the process, and what documentation is required?

Ludmila Yamalova
Like many government services in the UAE, this process is entirely online, making it efficient and cost-effective. To register a will with ADJD:

  1. Log into the ADJD website using your UAE Pass. We’ve discussed the UAE Pass in previous podcasts—it’s a centralized login for accessing various government services.
  2. Navigate to the Civil Family Court E-services and select Request to Authenticate a Civil Will.
  3. You have two options for the will:
    • Use ADJD’s standardized will template, which is bilingual (Arabic and English). This is ideal for simpler estates and saves on translation costs.
    • Submit your own will draft, but it must be legally translated into Arabic.

The ADJD template is pre-approved by authorities, so using it is convenient and cost-effective. If you submit your own draft, you’ll need to ensure it’s legally compliant and properly translated.

As part of the application, you’ll submit:

  • A draft of the will
  • Your passport copy
  • Your Emirates ID

After paying the registration fee of AED 950, the court will notify you that your application has been accepted. Within a few days, they’ll schedule an online appointment to finalize the will.

Tim Elliot
So, the entire process is electronic, including the appointment?

Ludmila Yamalova
Exactly. The appointment takes place online. You’ll receive a link, and on the day of the appointment, you log in. The court will verify your will, your identity, and your documents. Once everything is confirmed, they’ll finalize the will.

The process is technologically advanced and streamlined. After the appointment, you’ll receive the attested will electronically, with no need for physical attendance.

Tim Elliot
This sounds completely different from the traditional image of creating a will—a lawyer’s office with heavy bookshelves and long meetings.

Ludmila Yamalova
Absolutely. You could do this from your home, car, or even the beach! It’s a far cry from the old ways, even compared to the DIFC Wills Centre. Initially, the DIFC process required physical attendance, complex drafting, and page-by-page signing. Now, even DIFC wills are entirely digital, with QR codes instead of physical stamps or leather-bound folders.

The ADJD option makes creating a will accessible, particularly for those with simpler estates or smaller budgets. It’s user-friendly, and there’s no need for lawyers unless you have more complex needs.

Tim Elliot
Let’s talk about costs. Registering a civil will in Abu Dhabi is far more affordable, isn’t it?

Ludmila Yamalova
Yes, it is. The registration fee with ADJD is AED 950 (approximately USD 300). In comparison, DIFC wills can cost AED 10,000 or more, depending on the type of will. The ADJD option is about 10 times cheaper and is an excellent alternative for many.

Tim Elliot
So, what’s your advice for someone considering a will? Who should have one, and what should they do?

Ludmila Yamalova
I would say perhaps anyone who lives in the UAE, works in the UAE, or has any interests in the UAE should consider having a will. Why? Because if you work here, even if you don’t own much, you likely have a bank account and receive money into it. You may also have a car, personal possessions, or minor children.

These wills include provisions for guardianship and custody for your minor children. Even if you aren’t asset-rich, having a will is a sensible precaution to ensure your wishes are documented and enforceable.

The ADJD option makes this process practical and affordable. It’s also important to note that these wills are registered with a judicial authority, not just an administrative office. This means the will can be enforced as a court judgment, ensuring that your beneficiaries or heirs have a clear path to fulfill your wishes.

One common concern is whether an Abu Dhabi will is valid for assets in other emirates. The answer is yes. A court judgment from Abu Dhabi is enforceable across the UAE.

Tim Elliot
That’s another edition of Lawgical—registering a civil will in Abu Dhabi at the ADJD. As always, thank you for watching, listening, or both. Thanks to our legal expert, the Managing Partner here at Yamalova & Plewka, Ludmila Yamalova.

Ludmila Yamalova
Thank you, Tim.

Tim Elliot
Now, find us at LYLAW on social media, Facebook, Instagram, TikTok, LinkedIn. The podcasts, they’re all free at lylawyers.com. If you’d like a legal question answered in Lawgical in a future episode, or if you’d like to talk to a qualified UAE legal professional, click the Contact button, once again, at lylawyers.com.

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