Wills for expats

In the United Arab Emirates (UAE), a single, expertly crafted will is your strongest shield – and your clearest guide – for safeguarding family harmony and assets. 

Your blueprint for secure succession

Whether you’re a non-Muslim or a Muslim expatriate, a well-structured will translates your intentions into enforceable steps, clarifying guardianship, asset allocation, and charitable wishes within the applicable laws in the UAE. In a dynamic, global hub like the UAE, where expats comprise 88% of the diverse population, a robust will turns succession planning from a worry into a confident plan – minimising disputes, accelerating administration, and protecting your legacy for generations.

UAE legal framework overview

The UAE is a civil jurisdiction governed by Sharia law with the Federal Law No. 5 of 1985 (as amended) governing inheritance. The Federal Decree-Law No. (41) of 2022 on the Civil Personal Status introduced new provisions in relation to inheritance for non-Muslim residents, permitting the disapplication of Sharia and providing non-Muslims flexibility in distributing their estate and ensuring the estate does not go towards unintended beneficiaries. The Federal Decree-Law No. (41) of 2024 On the Issuance of the Personal Status Law applies to non-UAE citizens, which also applies to Muslim residents, whereby non-UAE citizens may apply the respective law of their home country as permitted by the law of the Emirate. 

Key considerations when drafting your will 

  • Minor children: under Sharia, when a father passes, the guardianship of any minor children will pass to paternal male relatives, even if the mother is still living.
  • Guardianship rules: in case of one parent surviving or in the event of the demise of both parents.
  • Rules applicable to adopted/ sponsored children. 
  • Executors of the will: and their role/ limitations. 
  • Alignment with other wills: that are enforceable in foreign jurisdictions. 
  • Repatriation of body.
  • Approach to assets: whether to include specific assets or to take a broader approach to cover all assets that are owned by the testator at the time of death.

Where to register your will?

In the DIFC, wills are only applicable to non-Muslims with all wills in English and under common law. When drafting wills, conversations around real estate assets, business interests, guardianship provisions and who will be the executor will form part of the drafting to ensure that the will is in accordance with the testator’s wishes and local UAE legal requirements. Once drafted, the registration and execution of the will with the DIFC ensures the will is legally binding and that the will goes through the DIFC courts during the probate process. 

Similar to the DIFC, wills are only applicable to non-Muslims with all wills under common law. However, unlike the DIFC, the ADGM requires the will to be translated into bilingual format (Arabic and English) and does not handle the probate process – instead, this is completed through the Abu Dhabi Judicial Department (ADJD) courts. 

Wills for non-Muslim and Muslim expats are registered with the onshore courts, namely the Dubai courts or ADJD courts. Onshore wills must be translated into Arabic.

Key differences between onshore and DIFC/ ADGM wills

Consideration Onshore UAE  DIFC  ADGM 
Who can register? Non-GCC Muslims and non-Muslims Non-Muslims Non-Muslims
Governing law UAE federal law and/ or Sharia Common law Common law
Language Arabic and English  English Arabic and English (must be certified by a legal translator licensed by the UAE Ministry of Justice) 
Registration process Will is legally translated (if not in Arabic), notarised and registered with the local authority  Will is registered online with the DIFC wills service Will is registered online with the ADGM wills service where the will is then notarised by the ADGM notary public 
Probate process UAE courts DIFC courts ADJD courts 

 

How we can help

As an international law firm, Gateley Middle East can work with you to understand what will and jurisdiction best suits your circumstances. Choosing the right will depends on your religion, where your assets are located, your wishes and whether you have any minor children. Alongside your will, we can also help design your succession plan in relation to your assets, ensuring that you have the right corporate vehicles in place so that your assets are passed on to your loved ones with minimal disruption. 

Contact us to discuss your succession plans