Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. My name’s Tim Elliott. I’m here with the Managing Partner at the Dubai-based legal firm Yamalova & Plewka, Ludmila Yamalova. Always nice to see you.
Ludmila Yamalova
It’s great to see you too, Tim.
Tim Elliott
In this episode of Lawgical, we’re talking about registering a civil will at ADJD—that’s the Abu Dhabi Judicial Department. We’ve touched on this topic in a previous podcast, but today’s focus is specifically for Muslims in the UAE. This is significant news, and I’d even call it groundbreaking. With so many people making the UAE their home or spending more time here, I think this will be very well-received.
Ludmila Yamalova
Indeed, Tim. It truly is groundbreaking, and it’s essential we discuss it now. I wanted to wait until we had firsthand experience before recording this podcast. Recently, we successfully registered our first Muslim civil will in the UAE. Now, we can confidently say that Muslims in the UAE have the option to register a will that is different from Sharia law. This option exists, it’s real, and it works.
What we’re talking about here is registering a civil will for Muslims in the UAE. This service is available under Abu Dhabi’s Law No. 14 of 2021—the law on Civil Marriages and Its Effects—administered by the Abu Dhabi Judicial Department (ADJD) and overseen by its civil family court.
Tim Elliott
This law was introduced in late 2021, correct?
Ludmila Yamalova
Yes, the law was initially introduced in 2021 as Civil Marriages for Non-Muslim Expats, but within a month, it was amended. The title changed to Civil Marriages and Its Effects, removing references to expats and non-Muslims. This amendment likely reflected the growing diversity within UAE citizenship, including non-Muslim nationals.
This change also removed the limitation of the law’s application to non-Muslims. The amended law opened the door for broader application, and we’ve seen its evolution over the past year and a half. For instance, Muslims can now conduct civil marriages under this law, as reflected on the ADJD’s website.
If a Muslim marries under ADJD’s civil marriage framework, their divorce, custody disputes, and inheritance would all be governed by the same law. But what about Muslims already married or those seeking a civil will for inheritance purposes? That’s the question we’ve been watching closely, and now we know—Muslims can register a civil will under this law.
Tim Elliott
But there are limitations, aren’t there?
Ludmila Yamalova
Yes, there are. Muslim UAE nationals cannot register a will under this law. However, all other Muslims can. This is significant because, for decades, Muslims in the UAE were subject to the UAE Personal Status Law, which is based on Sharia principles. This meant they could not register a will that deviated from Sharia, which limits wills to one-third of the estate and excludes heirs.
This new option provides flexibility for Muslims, including expatriates and residents with assets in the UAE. Previously, many had to rely on complex trust or offshore structures to manage their estate planning, which was expensive, cumbersome, and inaccessible to many.
Tim Elliott
This simplifies estate planning significantly, doesn’t it?
Ludmila Yamalova
Absolutely. Muslims can now register a civil will directly through ADJD. This will is recognized as a legal document issued by a judicial authority. It’s enforceable not just in Abu Dhabi but across the UAE, as court judgments are mutually enforceable among emirates.
Additionally, you don’t need to reside in Abu Dhabi or have any connection to the emirate to use this service. It’s available to all UAE residents and even non-residents.
Tim Elliott
Let’s talk about the process, documentation, and costs involved.
Ludmila Yamalova
The process is straightforward and entirely online:
- Log into the ADJD website using your UAE Pass.
- Under the civil family court e-services, select Request to Authenticate a Civil Will.
- You can use ADJD’s standardized will template, which is already bilingual (Arabic and English). Alternatively, you can submit your own template, but it must be legally translated into Arabic.
Once you submit your application, ADJD will schedule an online appointment. During the appointment, your identity will be confirmed, and the will finalized. The finalized will is digitally verified and stored, with plans to include a QR code for added authentication.
The cost is AED 950 (approximately USD 300)—significantly more affordable than other options like DIFC wills.
Tim Elliott
That’s accessible, streamlined, and cost-effective. What’s your advice to Muslims considering this option?
Ludmila Yamalova
If you have any assets in the UAE or minor children, you should seriously consider registering a will. It’s better to have a will than none at all. Even if your only asset is a bank account, a will ensures your family can access it without complications.
This option is now affordable, straightforward, and accessible. If you’ve been waiting for the right moment, this is it.
Tim Elliott
That’s another edition of Lawgical—Civil Wills in Abu Dhabi for Muslims. It’s now possible for Muslims to register a civil will through the Abu Dhabi Judicial Department. As always, thanks for watching, listening, or both. Thanks to our legal expert, the Managing Partner here at Yamalova & Plewka, Ludmila Yamalova.
Ludmila Yamalova
Tim, always a pleasure.
Tim Elliott
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