Self Proving Affidavit Template for the United Arab Emirates
Generate a bespoke document
What is a Self Proving Affidavit?
The Self-Proving Affidavit serves as a critical component in estate planning within the UAE legal framework. This document is typically prepared alongside a will to streamline the future probate process by providing pre-authenticated testimony about the will's execution. Under UAE law, the affidavit must be properly notarized and may require translation into Arabic. The document includes declarations from witnesses and the testator, confirming the will's proper execution, the testator's mental capacity, and the voluntary nature of the will's creation. It must comply with various UAE Federal Laws governing notarization, evidence, and personal status matters, while potentially considering Islamic law principles where relevant.
About the Self Proving Affidavit
A Self Proving Affidavit is a legal document that accompanies your will to simplify the probate process in the United Arab Emirates. This affidavit provides sworn testimony from you and your witnesses about the proper execution of your will, eliminating the need for witnesses to appear in court later to verify the will's authenticity.
When do you need this document?
You need a Self Proving Affidavit whenever you create a will in the UAE to ensure smooth estate administration after your death. This document becomes essential when your estate enters probate, as it provides immediate legal proof that your will was properly executed according to UAE law. The affidavit is particularly valuable for expatriates living in the UAE who want to ensure their estate planning documents meet local legal requirements. You should prepare this document simultaneously with your will to avoid complications later, especially if witnesses might be unavailable when the will needs validation.
Key legal considerations
Your Self Proving Affidavit must include specific declarations from both you and your witnesses regarding the will's execution. The document must confirm that you signed the will voluntarily, that you were of sound mind at the time of signing, and that you understood the nature and consequences of the document. Your witnesses must declare they observed you signing the will and that they signed as witnesses in your presence and in each other's presence. The affidavit requires notarization by a UAE-licensed notary public to be legally valid. You must ensure all parties understand the sworn nature of their declarations, as false statements can result in serious legal consequences under UAE law.
Legal requirements in United Arab Emirates
Under UAE Federal Law No. 28 of 2005 (Personal Status Law) and UAE Federal Law No. 4 of 2013 (Notary Public Law), your Self Proving Affidavit must be notarized by an authorized public notary. The document may require translation into Arabic, particularly if it will be used in UAE courts or government proceedings. You must comply with UAE Federal Law No. 10 of 1992 (Law of Evidence) regarding documentary evidence requirements. The affidavit should be executed in the same jurisdiction where your will was signed to maintain consistency. All parties must provide valid identification to the notary, and expatriates may need to provide additional documentation such as passport copies. The notarization process must follow UAE Ministry of Justice Resolution No. 88 of 2018 procedures for document authentication.
GOVERNING LAW
Applicable law
This Self Proving Affidavit is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Federal Law No. 10 of 1992 (Law of Evidence): Regulates evidential matters in civil and commercial transactions, including the requirements for documentary evidence and witness testimony
UAE Federal Law No. 5 of 1985 (Civil Transactions Law): Provides the general framework for civil transactions and legal documents in the UAE
UAE Federal Law No. 4 of 2013 (Notary Public Law): Governs the notarization process and requirements for official documentation authentication in the UAE
UAE Ministry of Justice Resolution No. 88 of 2018: Regulates the procedures and requirements for document notarization and authentication by public notaries
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it