Will In UAE

A will in UAE is a legal document that allows individuals to specify how their assets are distributed after death, ensuring their wishes are followed. Get to know the importance, legal framework, creation process, and specific considerations for wills in the UAE, particularly for expatriates and Muslims. It addresses key questions about validity, enforcement, and options available under UAE law.

What Is A Will In UAE?

A will in the UAE is a legal instrument that dictates how a person’s estate such as property, money, and possessions is distributed upon their death. It holds significant weight in the UAE due to the country’s unique legal system, which blends civil law with Sharia principles for Muslims, while offering flexibility for non-Muslims. For expatriates, who form a large portion of the population, a will ensures assets are protected and distributed according to their preferences rather than default local laws.

Why Is A Will Important In UAE?

A will is important in the UAE because it prevents uncertainty and legal disputes over asset distribution after death. Without a will, Sharia law governs estate division for Muslims, dividing assets among heirs in fixed shares, which may not align with personal wishes. For non-Muslims, the absence of a will can lead to the application of UAE civil law or the laws of their home country, potentially causing delays and complications. A registered will provides clarity, reduces family conflicts, and ensures assets like property, bank accounts, and investments reach intended beneficiaries efficiently.

What Are The Legal Requirements For A Will In UAE?

The legal requirements for a will in UAE depend on the individual’s religion and residency status. For Muslims, wills must comply with Sharia law, which limits testamentary freedom to one-third of the estate, with the rest distributed per Islamic inheritance rules. Non-Muslims can draft wills under Federal Decree-Law No. 41 of 2022, choosing either UAE civil law or their home country’s laws for estate distribution. Key requirements include:

1. Age: The testator must be at least 21 years old.
2. Mental Capacity: The testator must be of sound mind.
3. Written Form: The will must be in writing, signed by the testator, and witnessed by two adults.
4. Registration: Registering the will with the Dubai International Financial Centre (DIFC) Wills Service Centre or Abu Dhabi Judicial Department enhances enforceability, though it’s optional.

For example, a British expatriate in Dubai can register a will at DIFC to ensure UK law applies to their estate.

How Can You Create A Will In UAE?

You can create a will in UAE by following these five main steps:

1. Identify Assets: List all assets, including property, bank accounts, and investments, both in the UAE and abroad.
2. Choose Beneficiaries: Specify who inherits each asset, such as a spouse, children, or charities.
3. Appoint an Executor: Name a trusted person to execute the will, ensuring they are willing and capable.
4. Draft the Will: Write the will, either independently or with a legal professional, ensuring compliance with UAE regulations.
5. Register the Will: Submit the will to DIFC Wills Service Centre (for non-Muslims in Dubai) or Abu Dhabi courts for official recognition.

What Are The Types Of Wills Available In UAE?

There are three main types of wills available in UAE:

1. Sharia-Compliant Will: Applies to Muslims, adhering to Islamic inheritance laws with limited flexibility.
2. DIFC Will: Designed for non-Muslims, allowing full control over asset distribution, registered at DIFC Wills Service Centre.
3. Notarized Will: A general will notarized by a UAE public notary, applicable to both Muslims and non-Muslims, but less specific than DIFC wills.

Can A Will Made In One’s Home Country Cover Assets In UAE?

No, a will made in one’s home country does not automatically cover assets in UAE. While non-Muslims can opt for their home country’s laws under UAE regulations, the will must be recognized and enforceable in the UAE. Unregistered foreign wills risk being overridden by local laws, especially for UAE-based assets like real estate. Registering a mirror will in the UAE, referencing the foreign will, ensures seamless execution. For example, a Canadian will needs DIFC registration to govern Dubai property effectively.

What Happens If You Die Without A Will In UAE?

If you die without a will in UAE, your estate is distributed according to default laws. For Muslims, Sharia law applies, allocating fixed shares to heirs—e.g., a wife receives one-eighth if there are children. For non-Muslims, UAE civil law or the deceased’s home country laws may govern, depending on court discretion, often leading to delays. Bank accounts may be frozen, and assets like property could face lengthy probate processes. This uncertainty underscores the need for a will, especially for expatriates with diverse assets.

What Are The Costs Of Creating A Will In UAE?

The costs of creating a will in UAE vary based on complexity and registration:

1. DIY Will: Free, if self-drafted, but risks errors.
2. Legal Assistance: Ranges from 2,000 to 5,000 AED for professional drafting.
3. DIFC Registration: 10,000 AED for a single will, 15,000 AED for a couple’s mirror wills.
4. Notary Fees: Approximately 500–1,000 AED for notarization.

Complex estates with international assets may incur higher legal fees, up to 10,000 AED.

How Can Expatriates Protect Their Assets In UAE?

Expatriates can protect their assets in UAE by taking these four key steps:

1. Draft a Will: Specify asset distribution to avoid default laws.
2. Register at DIFC: Ensure enforceability for Dubai-based assets.
3. Update Regularly: Revise the will after major life events, like marriage or property purchase.
4. Seek Legal Advice: Consult experts to align the will with UAE and home country laws.

A will in the UAE is a critical tool for securing your legacy, particularly in a diverse legal landscape blending Sharia and civil law. It ensures assets are distributed as intended, avoiding disputes and delays. Whether Muslim or non-Muslim, resident or expatriate, understanding the legal requirements, types, and processes for creating a will is essential. Registering a will, especially for expatriates, guarantees peace of mind and asset protection as of April 08, 2025.