What the UAE Personal Status Law 2024 Means for Wills and Estate Planning

With the introduction of Federal Decree-Law No. (41) of 2024, effective from April 15, 2025, some very important changes were made in the personal status law in the United Arab Emirates. It replaced the previously effective law of Federal Law No. 28 of 2005 on Personal Status. Among the most important aspects of this law are the will and testaments. Let’s find out what the main points are and what they mean for UAE residents.

The new Federal Decree-Law No. 41/2024 has some impact on different groups in certain ways as follows:

1. UAE Nationals: UAE nationals, when one of them or both are Muslims.
2. Non-Muslim UAE Citizens: It applies to the non-Muslim nationals of UAE or any other who may fall under any law or opted law acceptable in UAE.
3. Non-Nationals: This Act applies to non-nationals provided that they do not wish to apply their personal status law, or another law acceptable in the UAE.
4. Retrospective Effect: This Act shall come into effect as of the date of issuance of this Law and shall apply to all events occurring on the effective date. It shall also apply to actions pending before courts for divorce, divorce certificates and claims of establishment of a parent-child relationship which have not been finally adjudicated.

The new law acknowledges not only absolute wills but also restricted wills, both absolute and restricted wills can be unconditional or can be subject to valid conditions. However, if the will has conditions that are against the UAE law or the public order or the morals then such conditions are void while the will is valid.

The new Federal Decree-Law No. 41/2024 has identified four main parts of a valid will.

• A formula: The legal format and wording of the will.
• Testator: The person who makes the will.
• Legatee: The person or entity that will receive the benefits of the will.
• Recommended Property or Assets: The property or assets that are being distributed through the will need to be mentioned.

Under the new law the rights of the heirs are protected while the wishes of the deceased are also respected. Here’s how it works:

• Payment of Debts and Expenses: First of all, debts and other funeral expenses of the deceased must be paid before any other payments from the estate.
• One-Third Limitation: A will can only cover up to one third of the total value of the estate. This means the will cannot decide more than one third of what the estate is worth. However, if the will exceeds one third, it shall be as follows:

• Any amount beyond one third needs the approval of the heirs. It will only be executed according to the shares approved.
• A will can exceed one third if the person has no heirs.
• A will can exceed one third for the spouse if there are no other heirs.

• Heirs’ Consent: If the will is to provide for more than one third of the estate, then the excess part must be agreed by the heirs. This protects the heirs’ rights and guarantees equality.
• Fair Balance: This way the new law provides for a reasonable balance between the rights of the heirs and the testator.

The new law respects the religious differences of a person. The Will is considered to be valid even if the testator and the beneficiaries follow different religions. It will include the spouses, relatives, and even third-party relationships. It makes the UAE’s legal system unbiased.

The law introduces “obligatory wills” for the grandchildren. This applies if their parents died before the testator. That way, at least such grandchildren get their due share of inheritance and are protected from being left out.

A will can be made by word of mouth or in writing. If someone is unable to speak or write then they can use clear signs. Any denial or revocation of a will or any amendment to it has to be signed by two justices or similar authorities.

Another important provision of the new law is the ‘one-third rule’. This means that no will can provide for the disposition of more than one third of the estate unless all the heirs to the estate have consented to the will. This also minimizes family feuds and guarantees that the intentions of the will maker are met.

The law also has special provisions for the very sick or the dying. If they transfer property at this time and make donations or provide special preferences to certain beneficiaries, these transfers are considered to be a will.

• Must be fully competent: The testator must be of sound mind to grasp the meaning of the actions they are taking in making the will.
• Interdicted persons can make wills with court permission: If, for example, an individual is legally interdicted on account of their mental incapacity, they can still make a will with the permission of the court.
• Must have legal ownership of bequeathed property: The testator must own the property or assets legally to give through his or her will. These qualifications are made to ensure that wills are made by individuals who have the mental capacity to comprehend the decisions they are making and have the legal rights to attach the properties that they are bequeathing.

The law permits the following types of beneficiaries:

• Living Individuals: The following are the people you know personally, for example, your family, friends or anybody to whom you would like to assign a beneficiary.
• Restricted or Unrestricted Categories of People: This could be groups of people who can be described in a certain way e.g. “all my grandchildren” (a restricted category) or “all students in need” (an unrestricted category).
• Religious Institutions: These are places of worship or other religious organizations you may wish to support.
• Legal Entities Authorized to Accept Wills: These are other things like trusts or foundations which are legally allowed to receive and manage bequests.
• Charitable Causes: You can specify which charities or causes you want, for example, medical research, education, or the environment. This variety ensures that people can do what they want with their assets based on their own preferences and moral principles.

• Verbal or Written Declarations: Testators can revoke their wills by either speaking the intention into words or in writing.
• Notarized Wills: Under the new law if the will is concluded by notarization before the competent authorities, the testator shall not amend or revoke either the will or a part of it except in the same way. This guarantees that the alterations are well documented and thus recognized as legal.

4. Modern Considerations in Will Execution

• Enable Wills to be made and stored in electronic format: This will make it so much easier for the making and storing of wills in today’s digitized world.
• Specify Time Limits within Which a Will Can Be Admitted: It lays out specific time limits (i.e. not exceeding thirty (30) days) within which the will has to be admitted and processed; thus, this makes the probate process more efficient.
• Defining How to Handle Multiple Wills: If there are multiple beneficiaries under the will, but shares are not provided:

1. If the Will names either certain persons or a small group of persons- each person in the group takes shares equally.
2. Where the Will names certain persons and a general group – each of the named persons takes a share and the general group takes one share between them.

• Rules for International Property: Individuals holding property across borders find that the law gives them control and provides rules for dividing international property.

The new Federal Decree-Law No. 41/2024 regulates several cases in which a will is considered to be invalid:

• Death of the Legatee: On the death of the legatee before the testator or simultaneously with him, or when it is uncertain which of them died first. This rule shall not apply in case the will is intended to pay the debt of the legatee.
• Legacy Revocation: This occurs when, following the demise of the testator and before accepting it, the legatee renounces the will.
• Slain the Testator: In case a legatee kills the testator, the legatee loses his or her opportunity to inherit.
• Property Damaged/Wrong Ownership: The property within the will was damaged, or it actually belongs to another person.

At HHS will Drafting Lawyers, we know how challenging it can be to navigate through UAE’s new personal status law and can assist you with:

• A legally compliant will that protects your interests.
• Navigating through the legal requirements for obligatory wills.
• To make sure that all the documents are in order and notarized.
• Multi-Jurisdictional estate planning
• Limitations on property distribution.
• Wills modifications or revocations.
• Any will related legal proceedings that we can represent you in.

For any legal advice to help you with your will and testamentary disposition including your disposition of your assets and wealth under the new personal status law of UAE, contact our team of expert lawyers today. Our lawyers will assist you in preparing a will that meets all the requirements as stipulated by the new law.

Disclaimer: Information herein is of a general nature and does not constitute legal advice. Please consult with an attorney who has experience in the relevant area of practice.

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