Why Indian Expatriates in the UAE Should Register Their Wills
Living abroad, especially in the UAE, poses unique challenges for Indian expatriates when it comes to managing assets and ensuring their family's well-being after their demise. It's crucial for expatriates to register their wills to safeguard their assets and prevent potential legal complications. In India, under Section 228 of the Indian Succession Act, 1925, a will proven in a foreign court allows the executor to apply for management of Indian assets in an Indian court. This provision simplifies handling assets across different jurisdictions, underscoring the importance of having a legally recognized will.
In the UAE, the absence of a registered will may lead local courts to apply Sharia law by default, complicating asset distribution and guardianship arrangements for minors. By registering their wills with entities like the Dubai International Financial Centre (DIFC) Wills Service Centre or the Abu Dhabi Judicial Department, non-Muslim expatriates ensure their estates are managed according to their wishes, not Sharia principles. This process not only provides legal certainty but also eases probate procedures, enabling heirs to access and manage assets more efficiently.
Moreover, the Agreement Between the Republic of India and the United Arab Emirates on Juridical and Judicial Cooperation in Civil and Commercial Matters (signed in 1999) strengthens legal frameworks supporting Indian expatriates. This agreement facilitates mutual legal assistance, ensuring judicial documents, including wills, are recognized and enforced in both countries. By streamlining cross-border legal processes, the agreement enhances security in managing and distributing assets, emphasizing the necessity for Indian expatriates in the UAE to register their wills for the sake of their family's future stability.