Self Proving Affidavit Template for the United Arab Emirates

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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.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

United Arab Emirates

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

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.

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