What is Executor in Wills ?

Executor in a will: Definition

An executor in a will manages a deceased person’s estate. This person follows the will’s instructions and handles legal duties. UAE law recognizes executors through official court appointments.

Example: Mrs. Fatima serves as executor for her father’s estate, managing his Dubai properties and bank accounts.

Reference: UAE Federal Law No. 28 of 2005, Article 275

What does an executor do?

An executor must:

Collect estate assets
Pay debts and taxes
Distribute property
File court documents
Close accounts

Example: The executor of Mr. John’s estate gathered his Emirates NBD accounts, DEWA bills, and property documents within 30 days of appointment.

Reference: Dubai Courts Inheritance Procedures Guide 2023

What powers does an executor have?

Executors can:

Access bank accounts
Sell property
Pay bills
Hire professionals
Sign legal documents

Example: The Dubai Court granted an executor authority to sell the deceased’s Business Bay apartment to pay outstanding debts.

Reference: UAE Civil Transactions Law, Federal Law No. 5 of 1985

Who can be an executor in UAE?

UAE accepts these executor qualifications:

Age 21 or above
Sound mind
No criminal record
UAE resident or citizen
Muslim or non-Muslim

Example: The DIFC Courts appointed a British expat as executor for a non-Muslim’s will in 2023.

Reference: DIFC Wills Service Centre Guidelines 2024

How do executors differ from other roles?

Key differences:

Executors manage after death
Power of attorney works during life
Beneficiaries receive assets
Trustees manage ongoing trusts

Example: While Ahmed’s power of attorney managed his assets during illness, his executor took over after death.

Reference: UAE Personal Status Law Articles 280-285

How many executors can serve?

UAE allows:

Up to 4 co-executors
Joint signatures required
Shared responsibilities
Equal authority

Example: Three brothers serve as co-executors for their mother’s estate, requiring all signatures for property sales.

Reference: Dubai Courts Executive Regulations 2023

What if an executor cannot serve?

The courts will:

Appoint replacement executor
Transfer responsibilities
Continue estate administration
Protect asset security

Example: When an executor moved abroad, Dubai Courts appointed a qualified replacement within 14 days.

Reference: UAE Federal Law No. 28 of 2005, Article 277

Can executors access estate money?

Executors can:

Open estate accounts
Pay estate expenses
Collect debts
Cannot use funds personally

Example: An executor opened an estate account at Abu Dhabi Islamic Bank to manage inheritance funds.

Reference: UAE Banking Law Guidelines for Executors

How to resign as executor?

Steps include:

File court petition
Explain valid reasons
Complete accounting
Transfer responsibilities

Example: An executor resigned due to illness, filing papers with Dubai Courts and transferring duties to a successor.

Reference: UAE Civil Procedure Code