A Practical Guide for Expats Making a Will in the UAE (2024)

If you’re living in the UAE as an expat, you may already know the importance of having a will. It’s a crucial step to ensure that, should something happen to you, your assets are distributed exactly as you wish. The UAE’s inheritance laws are structured differently than in many other countries, and without a valid will, your belongings might be handled according to local Sharia law. This could lead to outcomes you didn’t intend. Thankfully, recent updates in UAE law make it simpler for non-Muslims to create a will that reflects their personal wishes. Here’s everything you need to know to get started.

Why Expats Should Have a Will in the UAE

If you pass away without a registered will, the local courts may make decisions that might not align with your personal wishes. For example, if you want your property to go to specific family members or friends, a will is essential. Registering a will in the UAE lets you decide exactly how your property is divided, which can spare your family from unnecessary stress and confusion.

Key UAE Laws That Shape Expats’ Wills

Several options exist in the UAE specifically to help expats with wills. Here are the main ones:

1. DIFC Wills and Probate Registry: Located in Dubai, this registry offers non-Muslims a way to manage assets in Dubai or Ras Al Khaimah without involving Sharia law. It’s based on international practices, making it an ideal choice if you have complex assets.
2. ADJD Wills Service: Non-Muslim expats in Abu Dhabi can use this service to register their wills, ensuring that their wishes are respected when it comes to asset distribution.
3. Personal Status Law: For non-Muslims, this law allows you to request that your home country’s inheritance rules apply to your estate, bypassing default Sharia law.
4. Civil Transactions Law: This law guides inheritance matters when there’s no registered will, which may lead to a distribution that doesn’t match your personal intentions.
5. Abu Dhabi’s Non-Muslim Personal Status Law: This law gives non-Muslims living in Abu Dhabi the option to handle not only wills but also other personal matters, such as marriage and guardianship, under a more flexible legal structure.

Types of Wills Expats Can Use in the UAE

Depending on where you live and your specific needs, here are the main types of wills to consider:

1. Local Court Wills: Available in other emirates and often more affordable, but Sharia principles may apply unless specified otherwise.
2. DIFC Wills: This type is ideal for non-Muslim expats with assets in Dubai or Ras Al Khaimah. DIFC wills are internationally recognised and allow you to avoid Sharia law.
3. ADJD Wills: This option works for non-Muslims in Abu Dhabi and lets you control asset distribution.

Steps for Drafting and Registering a Will

Creating a will in the UAE is straightforward once you know the basics:

1. Choose Your Will Type: Based on your emirate and preferences, select between DIFC, ADJD, or local court wills.
2. Draft the Will: Work with a UAE-based lawyer experienced in inheritance law to ensure your will is clear and meets local requirements.
3. Register Your Will: Submit it to DIFC, ADJD, or a local court to make it legally binding.
4. Review Regularly: Major life changes, like marriage or having children, call for updates to your will to keep it in line with your current wishes.

Questions Expats Often Ask About Wills in the UAE

Can I Include Property Outside the UAE?

Yes. Especially with DIFC and ADJD wills, you can list assets in other countries, simplifying the management of everything in one document.

Who Should Be My Executor?

Choose someone you trust to carry out your wishes, preferably someone familiar with UAE residency or practices. This person will ensure your will is followed as you intended.

What About Guardianship for My Kids?

If you have children, DIFC and ADJD will’s let you name a guardian to protect their welfare.

What Happens if I Move Away?

Your UAE Will remains valid if you relocate, though if you acquire assets in a new country, it’s wise to review your will to make sure it covers everything accurately.

Do I Need Witnesses?

Yes, two adult witnesses are required to validate the will. They should be present physically, as virtual witnessing may not be accepted in all cases.

Extra Tips for Expats Drafting a Will in the UAE

1. No Inheritance Tax: The UAE doesn’t impose inheritance taxes, making wealth transfer simpler and more direct.
2. Language Considerations: Wills can be written in English for DIFC and ADJD, though some local courts may require an Arabic translation.
3. Include Digital Assets: Specify any digital property, like cryptocurrency or social media accounts, to avoid complications.
4. Ensure Global Validity: Make sure your UAE will aligns with your home country’s laws if you have assets in multiple countries.

By following these steps and understanding your options, you can create a UAE will that honours your wishes, making things easier for those you care about.