The Abu Dhabi Judicial Department (ADJD) plays a pivotal role in shaping the legal landscape of the emirate, and this extends to the domain of wills and estate planning. In this article, we will delve into the intricacies of ADJD wills, exploring their significance, key features, and the steps involved in creating a will under the jurisdiction of the Abu Dhabi Judicial Department.

The Significance of ADJD Wills

ADJD wills, overseen by the Abu Dhabi Judicial Department, offer a structured and legally binding framework for individuals seeking to articulate their wishes regarding the distribution of assets, guardianship, and other important matters after their passing. Abu Dhabi, being a diverse and cosmopolitan city, hosts a population comprising both locals and expatriates, necessitating a legal system that accommodates various cultural and religious preferences.

One of the notable features of ADJD wills is that they provide a mechanism for individuals to navigate the complexities of Sharia law, which governs inheritance matters for Muslims in Abu Dhabi. Simultaneously, non-Muslims can create wills that adhere to their respective home country laws or opt for the UAE civil law, adding a layer of flexibility to the estate planning process.

Key Components of ADJD Wills

1. Sharia-Compliant Inheritance for Muslims: ADJD will ensure that the distribution of assets among Muslim heirs adheres to the principles of Sharia law. This includes the allocation of specific shares to designated heirs, such as spouses, children, and other family members. Creating a will under the ADJD allows individuals to customize certain aspects while still respecting the foundational principles of Sharia.

2. Flexibility for Non-Muslims: For non-Muslims, ADJD will provide the flexibility to structure the distribution of their assets according to their preferences. This may involve following the laws of their home country or opting for the UAE civil law, allowing for a tailored approach to estate planning that aligns with individual wishes.

3. Appointment of Executors: Like in other jurisdictions, ADJD will allow individuals to appoint executors who will be responsible for ensuring that the terms of the will are carried out faithfully. The executor is a crucial role, and careful consideration should be given to choosing someone trustworthy and capable of handling the responsibilities associated with executing a will.

4. Guardianship Provisions: ADJD will enable individuals to designate guardians for minor children, providing a clear path for the care and upbringing of dependents in the event of the testator's death. This provision ensures that the wishes of parents regarding their children's welfare are documented and respected.

5. Debt Settlement: Addressing outstanding debts and liabilities is a fundamental aspect of ADJD's wills. By clearly outlining how these financial matters should be handled, the testator ensures a transparent and efficient settling of their affairs, minimizing potential disputes among beneficiaries.

Creating an ADJD Will: The Process

1. Legal Consultation: Seeking legal advice is the foundational step in creating an ADJD will. A qualified lawyer with expertise in Abu Dhabi's legal system can guide individuals through the nuances of Sharia law, civil law, and any other relevant considerations.

2. Drafting the Will: With legal counsel, individuals can draft their will, specifying how they want their assets distributed, appointing executors and guardians, and addressing other key components. Clarity and precision are crucial in ensuring that the will accurately reflects the testator's intentions.

3. Witnesses and Notarization: ADJD wills must be signed in the presence of two witnesses who are not beneficiaries. Additionally, the will should be notarized by a notary public, a step that enhances its legal validity.

4. Registration: While not mandatory, registering the will with the Abu Dhabi Judicial Department provides an added layer of security. Registration creates an official record, reducing the risk of disputes and facilitating a smoother execution process.

Conclusion

ADJD will stand as a testament to Abu Dhabi's commitment to providing a comprehensive legal framework for individuals seeking to plan their estates. Whether navigating the intricacies of Sharia law for Muslims or opting for a more flexible approach for non-Muslims, creating a will under the ADJD ensures a structured and legally sound process. As Abu Dhabi continues to evolve as a global hub, ADJD will play a crucial role in meeting the diverse needs of its residents, fostering a secure and organized transition of assets from one generation to the next.