“Who can make a Will?“
Inheritance and succession are important concepts applicable to every person, whether they are aware about it or not. Every country has its own laws and legislations regarding regulation of inheritance and succession. In this series we will be looking at different aspects and frequently asked questions about legal aspects of inheritance and succession, as applicable in 4 countries – India, United Arab Emirates (UAE), Malaysia and Hong Kong.
Usually, one of the most frequently asked question in this topic is who can make a Will? Who is legally allowed to make a Will?
India –
As per laws of India, any person who is of sound mind and is of age of majority can make a will. There is no restriction on basis of religion, caste etc. However, the extent of properties which can be bequeathed by Will may change as per religion of the person making the Will.
United Arab Emirates
In the UAE (United Arab Emirates) natural persons above 21 years of age (age of maturity)
can make/execute a will. Depending on religion there are the following options for
- Non-Muslim Expatriates are able to register wills
a) with the DIFC Wills & Probate Registry under the jurisdiction of the DIFC Courts applying the common law system as applicable in the DIFC (Dubai International Financial Center) Jurisdiction;
b) with the ADJC (Abu Dhabi Judicial Department under the Personal Status Law of Abu Dhabi as applied by Abu Dhabi Dubai courts;
c) with the Dubai Courts as notarized by a Dubai Notary Public. - Muslim Expatriates may
a) Register a will with the ADJC (Abu Dhabi Judicial Department under the Personal Status Law of Abu Dhabi as applied by Abu Dhabi Dubai courts;
b) leave a signed Shariah compliant observing rules of Sharia Law.
Malaysia –
Any person who is above 18 years of age can make a Will in accordance to Wills Act 1959 (Malaysia)
Hong Kong –
In Hong Kong, any person who is at least 18 years old and of sound mind can make a will. This includes residents and non-residents.
With contributions of
India –
Adv. Sayali Ganu-Dabake, Founder Partner, LexonomiX
Adv. Mrudul Limaye, Associate, LexonomiX
United Arab Emirates –
Elena Schildgen, Senior Partner Lawyer at Meyer-Reumann & Partners.
Malaysia
Sim Wen Yee, Founder & Managing Partner, Messrs Sim &Rahman
Hong Kong
Elsa Law, Elsa Law & Co. Solicitors
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