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The UAE is an increasingly popular destination for expatriates, with many choosing to live, work, and invest in the country. As the country’s population continues to grow, so too does the importance of addressing the legal implications of owning assets or residing in Dubai. One key aspect is the preparation and registration of wills. Dubai has a unique legal framework that allows both Muslims and non-Muslims to register wills to ensure that their assets are distributed according to their wishes. Whether it is property, bank accounts, investments, or other assets, having a valid will can help avoid disputes and provide clarity to heirs.
In Dubai, the regulation and management of wills are carried out under various legal platforms, each catering to different demographics.
The UAE operates under a dual legal system, incorporating both civil law and Sharia law. This distinction becomes crucial when dealing with matters of inheritance. Sharia law, which governs inheritance for Muslims in the UAE, is automatically applied in the absence of a will, especially for Muslim residents. However, non-Muslims are given the flexibility to choose how their assets are distributed by preparing a will in line with the legal systems that best suit their preferences.
The UAE Constitution provides protections for expats and foreign nationals, including the right to manage their estate according to the laws of their home country. For this reason, Dubai has established specific mechanisms for non-Muslims to register wills, ensuring their assets are distributed in accordance with their wishes rather than being subject to Sharia law.
Non-Muslims in Dubai have more flexibility when it comes to drafting their wills. They are not automatically bound by Sharia law, which mandates specific shares for heirs. Instead, they can choose to distribute their assets according to their preferences, ensuring that their wishes are respected.
Dubai offers two primary options for non-Muslims to register wills:
Non-Muslims have the option of drafting their wills in both English and Arabic, ensuring that there is no confusion regarding their intentions. These wills can be registered with either the Notary Public, which is part of the Dubai Courts, or with the DIFC or ADGM Wills Service Centre, both of which offer specialized services for non-Muslim residents.
Muslims in Dubai are governed by Sharia law for matters of inheritance. Under Sharia, there are specific rules governing how assets are divided among heirs, with a fixed proportion allotted to different family members. A Muslim individual may only allocate one-third of their estate to beneficiaries of their choice (who may not be traditional heirs under Sharia law), while the remaining two-thirds must be distributed according to Sharia’s predetermined rules.
However, Muslims also have the option to prepare a will in Dubai, particularly if they wish to make charitable donations or allocate a portion of their wealth to non-heirs. The creation of a will ensures that the wishes of the individual are honored within the framework of Sharia law. Muslim wills are typically registered with the Notary Public at the Dubai Courts.
If you live in the UAE or are an international investor with assets or children here, it's strongly advised to have a Will in the UAE. This ensures your wishes are clearly documented and helps you avoid having local UAE/Sharia law apply to your estate.
A Will ensures that your assets, including property, investments, and bank accounts, are distributed according to your wishes, preventing disputes among heirs.
Without a Will, local laws may dictate how your assets are distributed, which may not align with your preferences. A Will gives you control over who receives what.
For parents, a Will allows you to appoint a legal guardian for your minor children, ensuring their care and well-being in your absence.
Non-Muslim residents need a Will to avoid the application of Sharia law to their estate, which may differ significantly from their personal wishes.
A registered Will simplifies the probate process, allowing for a quicker and smoother transition of assets to your beneficiaries.
Knowing that your loved ones are protected and that your assets will be managed according to your wishes provides significant peace of mind.
Having a Will helps prevent legal complications, delays, and potential conflicts among heirs, ensuring a clear and orderly distribution of your estate.
DIFC Wills
The creation of the Dubai International Financial Centre (DIFC) Wills Service Centre offers expats in the UAE and abroad the assurance that they can transfer their assets to their chosen beneficiaries with certainty.
ADJD Wills
The Abu Dhabi Courts Judicial Department has established the Abu Dhabi Wills Registry to offer non-Muslims with assets and children in the UAE an alternative to Sharia law, enabling them to register their specific wishes for asset distribution and guardianship.
In the UAE, the rules for will registration vary slightly depending on the emirate where the assets are located. Here are the general rules and procedures for registering a will in the two main emirates, Dubai and Abu Dhabi
The DIFC Wills Service Centre (DIFC WSC) provides a separate legal framework for non-Muslims to register wills covering their Dubai-based assets.
This service is available to non-Muslims who have assets in Dubai. Muslims can also use this service for their Dubai-based assets if they choose.
Once registered, the will is recognized under the DIFC jurisdiction and can cover assets in Dubai.
The registration process involves submitting the will, paying the required fees, and attending a registration appointment at the DIFC WSC.
The Abu Dhabi Judicial Department (ADJD) oversees registration for both Muslims and non-Muslims in Abu Dhabi.
All residents, including Muslims and non-Muslims, can register wills with the ADJD for assets located in Abu Dhabi.
Registered wills with the ADJD are recognized under UAE law and can cover assets in Abu Dhabi.
The process involves submitting the will, along with required documents and fees, to the ADJD. The will is then notarized and registered with them.
RadiantBiz has built a stellar reputation for safeguarding its clients' wealth, business interests, and family needs, both now and for the future. RadiantBiz brings extensive experience in crafting customized Wills and providing expert advice on legacy planning for individuals, families, and business owners with both local and international assets. We assist both Muslim and non-Muslim expatriates in understanding UAE laws and protecting their families and assets through DIFC/Abu Dhabi Wills, DIFC Foundations, and offshore structures.
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809, The Burjuman Business Tower, Sheikh Zayed Street - Al Mankhool Dubai (UAE)
63-66, Hatton Garden Fifth Floor Suite 23 London
EC1N 8LE