What is Testator in UAE ?

What is Testator in UAE ?

A testator in UAE (مُوصي in Arabic) is an individual who creates and executes a legal will in the UAE. Also known as a will-maker or grantor, this legal designation applies when a person formally documents their wishes for asset distribution after death.

Understanding the Role of a Testator

Under UAE law, a testator plays a crucial role in estate planning. According to UAE laws, they are the principal decision-maker who creates and executes a will, requiring testamentary capacity. To qualify, an individual must be over 21 years old and mentally capable of making sound decisions about their assets.

Legal Requirements and Qualifications

To become a testator in the UAE, specific conditions must be met. The basic requirements include:

• Being at least 21 years of age
• Possessing sound mental capacity
• Having legal residency status in the UAE

It’s important to note that certain factors can disqualify someone from being a testator, including mental incapacity, evidence of undue influence, or specific legal restrictions.

UAE Legal Framework

The UAE maintains distinct requirements for different categories of testators:

For Muslim Testators:

Sharia Law principles govern the will-making process, limiting free distribution to one-third of the estate. The UAE Personal Status Law provides the legal framework for Muslim testators.

For Non-Muslim Testators:

Options include DIFC Wills or Local Courts registration, with the ability to distribute their entire estate as desired. Dubai Law No. 15 of 2017 provides the legal framework for non-Muslim succession.

Creating a Valid Will

The process of creating a valid will involves several essential steps:

1. Preparing comprehensive documentation of wishes
2. Obtaining required witness signatures(for DIFC Courts Will for ADJD Wills witness is not required)
3. Completing legal registration
4. Receiving a digital copy of the Will

Common Concerns and Solutions

Key considerations for a testator:

Process Requirements:

• Necessary documentation
• Registration procedures
• Legal formalities

Eligibility Factors:

• Age and mental capacity verification
• Residency status confirmation
• Legal compliance checks

Practical Applications
Different scenarios require different approaches:

For Expatriate Residents:
Consider John, a British expat in Dubai, who registered his will through the DIFC Wills Service Centre, ensuring his assets would be distributed according to his wishes.

For UAE Nationals:
Take Ahmed, an expat, who created a Sharia-compliant will, carefully balancing religious obligations with personal preferences for asset distribution.

Legal Terminology and Relationships

Understanding related legal terms is crucial:

• The will is the legal document created by the testator
• An executor carries out the testator’s wishes
• Beneficiaries receive assets as specified in the will by the testator

Legal Context and Timing

A testator’s role exists within specific contexts:

• Under UAE law, which provides the legal framework
• During the will creation process, which must follow proper procedures
• Taking effect upon death, when the will becomes active