Wills & Testaments Services in UAE
A will in the UAE is a legal document that outlines how a person’s assets and affairs should be handled after their death. It specifies how their estate such as money, property, possessions, and even guardianship of children—should be distributed.
The UAE has a unique legal system that blends Islamic Sharia law and civil law, which makes having a properly structured will especially important, particularly for expats.
Having a Will in place in their country of origin is regarded by many Expatriates as essential planning when they move to live and work abroad, offering peace of mind in the event of a tragedy.
However, many Non-Muslim Expatriates in the UAE are unaware that in the absence of a legally registered Will in the UAE, the process of transferring assets after death can be extremely time-consuming, costly, and fraught with legal complexity. This could mean that assets accumulated during their time in the UAE may not go to their loved ones as they would have intended.
You may think that you have no assets but have you considered what would happen to:
- Money In bank accounts
- End-of-Service Payments
- Gratuity Payment
- Death in Service benefit
- Investments
- Personal possessions
There is no rule of survivorship in the UAE. Therefore, if you have a joint bank account, then on the death of one of the account holders, the bank account will be frozen and funds unattainable until a Court Order is received.
Things to consider
Guardianship
If you have children and have not appointed a guardian for them under the terms of your Will, then it would be at the discretion of the Local UAE Courts as to who would become your child’s guardian and how your assets would be distributed. In such circumstances, local laws would apply.
Executors
An executor is a person named by the testator to carry out the instructions of the Will. The executor’s duties include distributing property to the beneficiaries as designated in the Will, obtaining information of potential heirs, and collecting and arranging for payment of debts of the estate.
Beneficiaries
A beneficiary is a person who is set to inherit from an estate when someone passes away. This might be money, possessions, property, or stocks and shares – anything that the person who has died left behind.
A residuary beneficiary is someone who will receive all or part of an estate after all debts, taxes, and specific gifts have been taken care of.
Types of Wills in the UAE
Registration Options
There are numerous options available for UAE residents and individuals who own assets in the UAE to register both Sharia and non-Sharia compliant wills. Trustword’s Private Client Services team consists of experts who guide individuals in selecting the most suitable option to ensure peace of mind and certainty during their lifetime option to ensure peace of mind and certainty during their lifetime, while also preserving their legacy for future generations. Some of these options are outlined below.
DIFC (Dubai International Financial Centre) Wills
The DIFC Courts Wills Registry for Non-Muslims is a specialized registry created exclusively to handle probate and inheritance matters for non-Muslim individuals in the UAE. A DIFC Will is a legally registered Last Will and Testament that can cover assets located across all seven Emirates.
A key advantage of registering a DIFC Will is that it excludes the application of UAE Shariah law to a non-Muslim’s estate. The DIFC operates under a Common Law framework, providing clarity, certainty, and international recognition.
Once a probate order is issued by the DIFC Courts, it is enforceable across the UAE without the need for additional proceedings in local courts.
Types of DIFC Wills
DIFC Wills Registry offers the following five types of Wills:
- DIFC Full Will
- DIFC Financial Assets Will
- DIFC Guardianship Will
- DIFC Property Will
- DIFC Business Owners Will
ADJD (Abu Dhabi Judicial Department) Wills
The Abu Dhabi Judicial Department (ADJD) Wills Registry operates under the laws of the Emirate of Abu Dhabi and registers Wills for non-Muslim expatriates through the onshore Arabic-language courts.
An ADJD Will falls under Civil Law jurisdiction and can cover assets located in all seven Emirates. It ensures that UAE Shariah law does not apply to the estate of a non-Muslim.
ADJD Wills follow the principle of testamentary disposition, allowing the testator full freedom to distribute assets and appoint beneficiaries of their choice. These Wills also allow for the appointment of permanent and temporary guardians for minor children.
All registration appointments require the testator’s presence in person or via approved virtual attendance. Drafting, legal translation, and pre-approval can be fully arranged through our law office.
Requirement for an ADJD (Abu Dhabi) Will
- The testator must be non-Muslim
- Testator, executors, and trustees must be 21 years or older
- The testator must hold a valid UAE Resident Emirates ID
- Wills drafted in a foreign language must be legally translated into Arabic by a sworn translator and registered in Arabic and or bilingual format.
Dubai Courts Notary Will
A Dubai Courts Notary Will is registered under the laws of the Emirate of Dubai and is designed for non-Muslim expatriates. The Will is registered through the Dubai Notary Public and falls under Civil Law jurisdiction.
A Will registered with the Dubai Courts Notary can cover movable and immovable assets across all Emirates and ensures that Shariah law is not applied to the estate of a non-Muslim.
This type of Will allows full testamentary freedom, including asset distribution and guardianship arrangements for minor children, with the option to appoint both permanent and temporary guardians.
The testator must attend the registration appointment in person. All drafting, legal translation, and notarization formalities can be coordinated by our legal team.
Requirements for a Dubai Courts Notary Will
- The testator must be non-Muslim
- Testator, executors, and trustees must be 21 years or older
- A valid UAE Resident Emirates ID may be required
- Wills not drafted in Arabic must be translated by a sworn legal translator and notarized in Arabic or bilingual format
Virtual Registrations
All Wills can now be registered virtually through a video conferencing call with the DIFC Wills Service Centre or the Abu Dhabi Civil Family Court. Individuals will be required to upload all documents and ID’s prior to the virtual registration appointment, during which the Authorized Officer will review the Will with the individual, in the presence of the witnesses via video link, and complete the registration formalities.
Sharia-compliant wills
The local courts of the UAE allow Muslims to notarize Sharia-compliant wills before a Notary Public. Such wills are limited to one-third of the testator’s estate and can also include guardianship provisions for minor children.
Why Trustword ?
An incorrectly drafted Will can cause many complications after a person has passed away. If the terms of the Will cannot be interpreted correctly, then the Will will be deemed invalid; the person will have passed away without a valid Will, and Sharia Inheritance Rules will apply to their estate. Therefore, it is of the utmost importance to instruct a legal professional to draft your Will.
Our specialist Private Client Lawyers at Trustword offer a FREE initial consultation to assist you in effectively registering a Will, to ensure it is legally sound and provides peace of mind to each testator.
Local Knowledge, Global Recognition
Whether you’re based in Dubai or managing affairs from abroad, Trustword makes notarization simple, fast, and legally sound. Our dedication to professionalism and precision has made us a reliable partner for clients across the UAE and beyond.