A will is a legal document that has the plans of the testator regarding his or her assets or personal matters and the names of the beneficiaries. If you are an expatriate residing in UAE and if you have property investments or assets,
chances are your family will face problems if you don’t have a properly prepared Will.
Back in your country, for example in the UK, there may be statutory laws (intestacy rules) in place to guide the distribution of property if you don’t leave a Will. But the situation will be drastically different if you are in Dubai,
as here the disbursement of your assets follows Islamic Sharia Law. Sharia Law insists on fixed share allocation (each family member gets a fixed share based on some parameters) and the wishes of the deceased can’t be fulfilled
unless supported by a properly documented Will. So if you are an expat having a bank balance, assets or an investment in Dubai, a registered Will can help your loved ones avoid prolonged legal labyrinths in case of your sudden
demise.
Dying in a foreign land without a Will becomes much complicated if the deceased has debts or other dues in that country. Hence an Indian Expat dying intestate in Dubai may be leaving much worry to his family than assets. In the event
that the deceased leaves no will and he is a Muslim, Sharia laws would apply and any debt or dues would be paid first prior to any other disbursement of property.
There are a lot of misconceptions surrounding the Shariah Law on who gets what and the freezing of bank accounts, etc. With Just Wills rest assured we explain the whole process on how your finances should be structured, advising on
setting up an Asset & Liability List, completing beneficiary forms, and most important maintaining a filing system that helps your executors locating your estate.
Shariah Compliant Wills
Just Wills Al Wasiyya is the only company that has received a certificate from the Islamic Affairs of Dubai (The Awqaf) that we can draft Wills for the Muslims according to the Islamic Shariah.
There are texts available from the Quran on the importance of making sure that Muslims follows the exact distribution of their estate in accordance with the Islamic Shariah.
Surah An Nisa
Verse 13. These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein,
and that will be the great success.
Verse 14. And whosoever disobeys Allah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.
And according to the Sunnah of the Prophet Muhammad PBUH:
"It is not permissible for any Muslim who has something to Will to stay two nights without having his Last Will & Testament written and kept ready with him" Sahih Bukhari Book of Wills Volume 4, Book 51, Number 1.
• As many Muslims own properties in non Muslim countries the importance of having a Shariah Will becomes almost compulsory for them. Every country has a different Inheritance System so if a Muslim has assets in the UK and was to die
his estate will be distributed according to the UK Laws not to the Islamic Shariah.
• It is very important to set up Guardians for your children in case both parents were to pass away who will look after the children. There are many people who are entering Islam. Imagine if a Revert was to die and there are disputes
with who will look after the children. The Will is the only documents that can establish the true guardians of your children.
• Not forgetting that every Muslim is allowed to bequeath up to a maximum 1/3rd of their wealth to charity for “Sadqa Jaria” purposes. This can only happen if there is a valid Will.
Our Shariah Compliant Wills are duly approved by the following institutions/Scholars:
• The Islamic Affairs of Dubai (The Awqaf)
• Shariah Courts of Pakistan.
• Darul Iftaa (UK)
• Dr. Mohamed Salah of Huda TV
• Dr. Zakir Naik – Peace TV.
Please read the following carefully before meeting with our Consultant.
It is well known that writing a will in UAE is difficult task to both expats and locals. Our professional experts will help you with everything that has to do with will writing.
We provide professional will writing services for expats residing in the UAE. We help expats in planning ahead for the disposal of their assets held in the UAE and in their home country. We are highly experienced and proficient in
drafting wills, and may also help in any alteration afterwards, if needed.
We are always open for your enquiries, comments and suggestions that may help us serve you in a better way. Contact us!