Registration of a Will in the UAE

A will is one of the most important legal documents an individual can prepare. It ensures that assets, property, and guardianship of children are distributed according to the individual’s wishes after their passing. In the UAE, the registration of a will is especially critical for non-Muslim expatriates, as the absence of a will may result in the application of Sharia law for inheritance and guardianship matters. Below is an overview of the options and procedures for will registration in the UAE.

Will Registration at Dubai International Financial Centre (DIFC)

The DIFC offers a dedicated Wills Service for non-Muslims. Eligibility criteria include:

• The applicant must be a non-Muslim who has never been a Muslim.
• The applicant must be at least 21 years old.
• The applicant must own assets within the UAE.
• Guardianship wills are available for applicants with children residing in the UAE.

Types of Wills Available at DIFC:

1. Guardianship Will: Ensures guardianship of children is assigned according to the testator’s wishes.
2. Property Will: Covers up to five real estate properties or shares in properties within the UAE.
3. Business Owners Will: Includes up to five company shareholdings in UAE onshore or free zones.
4. Financial Assets Will: Encompasses up to ten bank accounts or shares held in financial institutions.
5. Full Will: Combines all assets, including property, financial holdings, and guardianship provisions.

Benefits of DIFC Wills Registration:

• Wills can be registered in English.
• DIFC jurisdiction is limited to Dubai and Ras Al Khaimah.
• Pre-registration checks are conducted to ensure compliance.

Will Registration in Abu Dhabi

The Abu Dhabi Judicial Department (ADJD) operates a Wills Registry for non-Muslims, offering testamentary disposition rights, including the distribution of assets and appointment of guardians for minor children. Key points include:

• The testator and all involved parties must be non-Muslim and at least 21 years old.
• Wills must be drafted in Arabic or translated into Arabic by a certified translator.
• The testator must appear in person for the registration appointment.

Will Registration in Dubai Courts

The Dubai Courts also allow non-Muslims to register their wills, ensuring compliance with UAE Federal Laws.

Eligibility Criteria:

• The applicant must be a non-Muslim and at least 21 years old.
• Wills must be in Arabic or bilingual (Arabic and another language).

Assets Covered:

• Real estate properties.
• Bank accounts, investment accounts, and insurance proceeds.
• Personal belongings, including jewelry and vehicles.

Key Notes:

• Non-Muslim testators may choose their home country’s laws for will execution, but these wills must be registered locally for acceptance by UAE courts.
• Matters related to real estate in the UAE are governed by UAE laws.

Recent Amendments to Personal Status Laws

Recent updates to UAE inheritance and personal status laws allow greater flexibility:

• Inheritance is determined based on the nationality of the deceased unless specified otherwise in the will.
• Real estate in the UAE is governed by local laws.

By registering a will in the UAE, non-Muslim residents can ensure their assets and guardianship decisions align with their wishes while complying with local legal requirements.