Wills in the UAE: Why Expats and Nationals Alike Should Plan Ahead

Introduction: The Importance of Estate Planning in the UAE

In a country as dynamic and diverse as the UAE, where residents come from every corner of the world and personal assets may span multiple jurisdictions, having a legally valid will is more than just a precaution—it’s a necessity. Whether you’re an Emirati national, a long-term expatriate, or a new arrival with dependents and property, creating a will ensures your assets are distributed according to your wishes and that your family is protected from unnecessary legal complications.

Without a valid will, your estate may be subject to local laws by default, which may not align with your cultural or personal intentions. In this guide, we explore why everyone—regardless of nationality—should consider drafting a will in the UAE, the legal options available, and the steps involved in protecting your legacy.

What Happens If You Die Without a Will in the UAE?

Dying intestate (without a will) can lead to significant complications. Under UAE law, especially for non-Muslim expatriates, the default process can be unpredictable. In the absence of a will, UAE courts may apply Sharia law principles to the estate by default, which can override the deceased’s presumed preferences.

This could result in:

Disproportionate asset distribution among family members
A delay in asset release or property transfer
Guardianship issues for minor children
The freezing of local bank accounts

Even if you’re from a country with well-established inheritance laws, those laws may not be recognized in the UAE unless properly documented and legalized.

Benefits of Having a Will in the UAE

Having a will that complies with UAE legal standards offers several advantages:

Clarity and control over how your assets are distributed
Legal recognition of your preferences in courts
Faster probate process for your beneficiaries
Protection for minor children through guardianship nominations
Avoidance of Sharia application for non-Muslims, if desired

A legally registered will not only protects your family but also ensures that your business, bank accounts, investments, and property are handled exactly as you intend.

Types of Wills Recognized in the UAE

The UAE offers different options for will registration depending on the individual’s background and residency:

1. Wills for Non-Muslim Expats

Non-Muslim residents can register their wills with:

Dubai Courts (for assets in Dubai and UAE)
Abu Dhabi Judicial Department (ADJD)
DIFC Wills Service Centre (for assets across all emirates and globally)

These wills must be written in English or Arabic and can include assets such as real estate, bank accounts, company shares, and guardianship wishes.

2. Wills for Muslim Residents and Nationals

While Sharia inheritance rules generally apply to Muslim residents, they can still create wills within the boundaries of Islamic law. For example, a will may specify how the “one-third portion” of the estate (which can be freely allocated) is distributed, while the remaining two-thirds follow Sharia law.

What Should Your UAE Will Cover?

A comprehensive will should detail:

Full inventory of assets (real estate, bank accounts, vehicles, company shares, etc.)
Distribution plan (who receives what, in what proportion)
Guardianship plans for minor children
Executor appointment (the person responsible for implementing the will)
Specific instructions for personal items or overseas assets

The clearer and more detailed your will, the easier it is for your family and the courts to interpret and enforce your wishes.

Guardianship of Minor Children

For parents, the question of who will care for their children in the event of both parents’ deaths is one of the most emotionally charged decisions. In the absence of a guardianship clause in a will, UAE courts will appoint guardians according to local laws, which may not align with the family’s preferences.

Including a guardianship clause in your will ensures that:

Your nominated guardian is legally recognized
Custody disputes are minimized
Your child’s emotional and legal security is protected

This is especially critical for expatriate families who may not have extended family residing in the UAE.

Registration Options: Where to Register Your Will

Wills can be registered at various authorities in the UAE, each with specific procedures, fees, and areas of jurisdiction:

DIFC Wills Service Centre: Offers English-language services for non-Muslims and international asset coverage. Suitable for high-net-worth individuals and expatriates.
Dubai Courts: Offers Arabic registration with more limited flexibility but widely recognized across the UAE.
Abu Dhabi Judicial Department: Provides a similar service to Dubai Courts, with provisions for bilingual wills.

Legal counsel can help you decide which registration path best suits your needs based on your location, nationality, and asset structure.

Common Mistakes to Avoid

Many individuals delay writing a will or assume their home country’s will covers UAE assets. However, this can result in long legal battles and financial losses. Common pitfalls include:

Failing to register the will in the UAE
Not updating the will after major life events (marriage, children, business changes)
Drafting informal or handwritten wills
Overlooking jointly held property or overseas assets

To ensure enforceability, always draft your will with legal assistance and register it with the appropriate authority.

Updating Your Will

Life circumstances change, and so should your will. It’s advisable to review your will every few years, or after key milestones such as:

Birth of a child
Acquisition of new assets
Marriage or divorce
Change in residency or citizenship status

Keeping your will up to date ensures that it remains aligned with your evolving wishes and legal situation.

Conclusion: Secure Your Legacy With Confidence

Creating a will in the UAE is not just about protecting wealth—it’s about preserving peace of mind. It ensures that your loved ones are not left navigating a maze of legal uncertainty in a moment of grief.

Whether you are an expat managing cross-border assets or a UAE national planning for your family’s future, a professionally drafted and properly registered will is one of the most responsible decisions you can make.