What Is a Will and How Does It Work in the UAE?

As an expat living in the UAE, your Will can do a lot more than just decide who gets your property after you pass away. A UAE Will can help you set out who gets your assets, who will handle your estate, and who you want to look after your children.

This is important because without a Will, your family might have to go through court rules and inheritance laws that may not reflect your intentions. For expats, this can lead to significant uncertainty regarding property, bank accounts, business interests, and the guardianship of their children.

So, what exactly is a UAE Will, who can make one, and how does it work? This guide explains what you need to know about wills in the UAE, including registration options, costs, documents, and the steps you need to take.

What Is a Will in the UAE?

A Will is a legal document that outlines how you want your assets to be distributed after your passing. Depending on the registration route you choose, your Will can set out who should receive your UAE assets, appoint an executor to administer your estate, and nominate guardians for your minor children.

Without a valid Will, these decisions may be left to the UAE courts, which may apply Sharia inheritance principles depending on your circumstances. That is why many expats choose to put a UAE Will in place, so their wishes are clearly documented rather than relying on default rules.

Why Should You Write a UAE Will?

The main reason to create a Will in the UAE is simple: you get to make your wishes clear before your family needs to deal with them. A UAE Will for expats can help you:

• Choose who inherits your assets: You can name your beneficiaries and explain how you want your assets to be distributed.
• Appoint someone you trust: Your executor is responsible for administering your estate and carrying out the instructions in your Will.
• Record your guardianship wishes: If you have minor children, you can formally name who you would want to care for them if something happens to you. This is especially important for expat families whose closest relatives may live outside the UAE.
• Set out what should happen to your assets: Depending on the registration route, your Will can cover assets such as UAE property, bank accounts, investments and business shares.
• Keep your wishes clear as your life changes: Marriage, divorce, having another child, buying property or changing your beneficiaries can all mean your Will needs to be reviewed and amended.
• Give your family greater security: A registered Will in the UAE gives your loved ones a clear document to rely on after your passing.

Ultimately, a Will is more about deciding who gets what. It allows you to make important decisions in advance and put them into a legally recognised document, so your family has a clearer path to follow when they need it most.

Do You Have to Register a Will in the UAE?

If you have written a Will, you might assume that is enough. In the UAE, writing a Will and registering a Will are two different things. A document you prepare yourself can explain what you want to happen to your estate, but registration gives you a formal route for having those wishes recognised by the law.

Whether you need to register your Will, and which route you should use, depends on your individual circumstances. Here’s what you should consider:

Where you live: Your emirate of residence may influence which registration options are available to you.

Your religion: Different routes are available depending on whether you are a Muslim or non-Muslim expat.

What you own: Your UAE assets, including property, bank accounts and business interests, can affect which Will is most suitable.

Your family circumstances: If you have a spouse or minor children, your Will may also need to deal with beneficiaries and guardianship.

Where your assets are located: If you own assets outside the UAE, you should consider how those assets will be dealt with under the laws of the country where they are held.

Wills for Non-Muslim Expats in the UAE

If you are a non-Muslim expat, you have several recognised options for will registration in the UAE. You can consider DIFC Wills, ADJD Wills or Dubai Courts Wills, depending on your circumstances.

DIFC Wills operate under an English common law framework, while ADJD and Dubai Courts Wills follow the UAE civil legal framework. Your choice should therefore take into account your assets, family circumstances and the registration route that best fits your needs. If you are looking for a UAE Will for expats, it’s important to understand these differences before deciding where to register.

Wills for Muslim Expats in the UAE

If you are a Muslim expat living in the UAE, you can register a Will through the Abu Dhabi Judicial Department (ADJD). This gives you a formal way to set out how you want your estate to be distributed instead of leaving everything to the default Sharia law.

Your Will still needs to be drafted carefully and meet ADJD’s requirements to make sure your wishes are properly recorded. ADJD is also open to non-Muslim expats, making it a relevant option for a wide range of wills in the UAE.

Types of Wills in the UAE

There are three main routes for will registration in the UAE. The right option depends on your religion, where you live, and your assets.

DIFC Wills: Registered through the DIFC Courts Wills Service, DIFC wills follow an English common law framework and are available to non-muslim expats. Depending on the type of Will you choose, you can make arrangements for your property, financial assets, business interests and guardianship.

ADJD Wills: Registered through the Abu Dhabi Judicial Department, ADJD Wills follow a civil law framework and are available to both Muslim and non-Muslim expats. The option is also known for its relatively accessible registration fees and remote video notarisation.

Dubai Courts Wills: This route allows eligible non-Muslim expats to register their Will directly through Dubai Courts. It can be a practical option if you have assets or family arrangements closely connected to Dubai.

Documents Required for Registering a Will in the UAE

The documents you need can vary depending on the registration authority and your circumstances. However, you will generally need:

• Passport copies and Emirates IDs of the testator
• Passport copies and Emirates IDs of the executors
• Passport copies and Emirates IDs of the beneficiaries
• Passport copies and Emirates IDs of the permanent guardians
• Passport copies and Emirates IDs of the temporary guardians
• Supporting documents for your assets (Title Deeds, Mulkiya, Oqood, etc.)
• Other supporting documents, depending on your requirements and circumstances

Not sure which documents you need? Our professional lawyers at MakemyWill can help you get the right documents together and guide you through the Will registration in the UAE.

How to Register a Will in the UAE

The process of registering your Will in the UAE depends on the authority you choose, but you can generally expect the following steps.

Step 1: Choose the Appropriate Will Route

Start by looking at which registration authority fits your circumstances. Your religion, age, residence, assets, and family situation can all affect your options.

Step 2: Decide Who Will Benefit From Your Estate

Identify your beneficiaries and decide how you want your assets to be distributed. This could include your property, savings, investments, business interests, and other assets.

Step 3: Appoint Your Executor and Guardians

Your executor will handle your estate after your death, so choose someone you trust and who is capable of taking on the responsibility. If you have minor children, you can also record your guardianship wishes in your will.

Step 4: Prepare the Required Documents

Gather your identification documents, beneficiary information, asset details, and any supporting documents required by your chosen authority.

Step 5: Draft and Review the Will

This is where your wishes are formally put into your Will. Review the details carefully to make sure your beneficiaries, executor, guardians, and assets are clearly covered.

Step 6: Register or Notarise the Will

Once your Will is ready, submit it to your chosen authority for registration or notarisation. The exact process can vary based on the authority you use.

Step 7: Keep Your Records Safe

Once your registered Will is in place, keep the details secure and make sure your executor knows where to find them. You can appoint a trusted person or a professional executor.

Get Your UAE Will Right With MakemyWill

There is a lot to think about when putting a Will together, and it is easy to focus only on who gets your assets. But your UAE Will should also cover decisions about your executor, your children, your business interests and other parts of your estate.

It is just as important to make sure your Will is properly prepared, meets the requirements of your chosen registration authority and reflects your current circumstances. As your life changes, your Will may also need to change with it.

At MakemyWill, we can help you prepare your Will, understand your registration options and guide you through the process, giving you support from the first draft through to final registration.