Terms and Conditions

Last Updated: August 19, 2026

1. Introduction

These Terms and Conditions ("Terms") govern the services provided by Mardef Consulting - FZCO, trading as SmartWills.ae ("Company", "we", "us", or "our"), a company registered in Dubai Silicon Oasis, Dubai, UAE, under License Number 18873.

2. Definitions

• "Service" means the commercial and operational services we provide to coordinate and facilitate the drafting, translation, notarisation and registration of your will in the UAE.
• "Client" or "You" means the individual purchasing our Service. For mirror wills, each spouse is a Client.
• "Independent Legal Professionals" means the external, independently licensed lawyers, legal draftsmen and certified legal translators who carry out the regulated legal work and operate under their own professional responsibility.
• "Registry" means the relevant UAE authority (for example ADJD, Dubai Courts or DIFC) where the will is registered.
• "Government Fees" means the fees charged by a Registry or authority, paid by the Client directly to that authority.

3. We Are Not a Law Firm

4. What the Service Includes

Unless stated otherwise on your invoice, the Service covers:

• Coordination of the custom drafting of your will by the Independent Legal Professionals, and a live review of the draft with the assigned professional before it is finalised.
• One certified Arabic translation of the will, where the chosen Registry requires it.
• Reasonable revisions to the draft during the drafting phase, before you authorise registration, at no additional cost.
• Operational assistance with the notarisation and registration of the will.
• Your guides and supporting materials, and a periodic check-in for the first five years.

5. What the Service Does Not Include

• Government and registration fees. These are separate, are the Client's responsibility, and are paid directly to the Registry.
• A Power of Attorney or specialised legal consultations. These are separate services and are quoted separately.
• Amendments to the will after registration. Any change requested after the will is registered requires a new will, and the drafting, translation and registration process must be repeated in full, with additional fees.
• Anything not expressly listed in Section 4 or on your invoice.

6. Your Obligations

By using our Service, you agree to:

• Provide accurate, current and complete information and documents, and promptly communicate any change.
• Be available for scheduled calls and appointments, including the government video call where required.
• Carefully review the draft will and confirm it before authorising registration.
• Make payments and decisions within a reasonable time.
• Confirm you have the legal capacity (age of majority) to enter into this agreement and register a will in the UAE.

We are not responsible for delays or rejections caused by incomplete or inaccurate information, or by the Client's own delay.

7. Timelines

Any timeframes we give are indicative. Our own work (drafting coordination, translation and submission) is carried out promptly once we have your information.

The scheduling of the registration video call and the final approval by the Registry depend on the authority's availability and are outside our control. We do not guarantee any government date, and no statement by us should be read as such a guarantee.

8. Revisions and Amendments

• During drafting: reasonable revisions to the draft, requested before you authorise registration, are included at no additional cost.
• After registration: any change is treated as a new will and follows the process and fees described in Section 5.

9. Payments and Refunds

9.1. Fees and Payment

Fees are quoted on your invoice, in AED. You may pay the fee in full, or split it into two equal instalments (one at the start and one before registration). Government Fees are separate and paid directly to the Registry.

9.2. Refund Policy

• Before drafting is authorised: if you withdraw before you authorise the drafting of your will, you receive a full refund of the amount paid, less a flat administrative fee of AED 500.
• After drafting is authorised: our fees are non-refundable, as the work has been performed.
• Government Fees paid on your behalf are non-refundable once processed by the Registry.

10. Limitation of Liability

To the fullest extent permitted by UAE law:

• Our total liability for any claim arising out of the Service is limited to the total amount you have paid us for the Service, except in cases of wilful misconduct or gross negligence.
• We are not liable for indirect, incidental or consequential damages.
• The legal validity and enforceability of the will, decisions of the government or a Registry, and the work of the Independent Legal Professionals (each responsible within their own scope) are outside our liability.
• We are not liable for assets located outside the UAE, third-party challenges to the will, or changes in UAE law after the Service is completed.

11. Data Protection

We process your personal data in accordance with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021) and our Privacy Policy. Strictly necessary data is shared with the Independent Legal Professionals, translators, Registries and authorities required to deliver the Service. You have the right to access, rectify and request deletion of your data, subject to our record-keeping obligations.

12. Intellectual Property

All content on this website (text, logos, graphics, and software) is the property of Mardef Consulting - FZCO and is protected by copyright and intellectual property laws. You may not reproduce or distribute any content without our express written permission.

13. Governing Law and Jurisdiction