A legally binding will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. It is a legal document in which a person states who should receive his or her possessions after he or she dies.
Although, a ‘will' can be handwritten and considered as valid, it is always best to have the ‘will’ notarized and reviewed by a lawyer so that it complies with all legal requirements of Dubai law; this prevents loved ones from being harassed during an already difficult time.
The Six Essential Elements of a Legally Binding Will in Dubai & Other Emirates (UAE) are:
- In Dubai & Other Emirates (UAE), as a writer of the ‘will’, or testator, you must be at least 18 years of age.
- You must have a testamentary capacity and must state in writing that you are of sound mind and are writing the ‘will’ of your own accord.
- A statement declaring the document as your ‘will’ must be included.
- An executor should be appointed.
- The document must contain at least one provision that names a personal guardian for a minor child and/or at least one provision providing for the allocation of your estate.
- If the ‘will’ is not written in your handwriting (i.e., typed), you must sign the ‘will’ and it must be attested to by two witnesses who are not beneficiaries and who saw the ‘will’ signed by you.