How to make a will in the UAE: a detailed guide for residents and expats

Making a will in the United Arab Emirates (UAE) is an important step to ensure that your property and assets are distributed according to your wishes after death. This is especially true for expats, since in the absence of a will, inheritance may be governed by Sharia law, which may not correspond to personal preferences.

Legal basis

The UAE has various laws governing inheritance:

  • Personal status: For Muslims, inheritance is governed by Sharia law.
  • For non-Muslims: From 2020, non-Muslims can choose to apply their country’s legislation to inheritance, marriage, and divorce.
    It is important to note that without a will, property can be distributed according to Sharia law, which can lead to unexpected consequences for the heirs
    of the Will Requirement.
    In order for a will to be recognized as valid in the UAE, the following conditions must be met:
  • Age: The testator must be at least 21 years old.
  • Legal capacity: The testator must be sane and fully aware of the consequences of his actions.
  • Form: The will must be drawn up in writing.
  • Language: If a will is filed in the courts of Dubai or Abu Dhabi, an Arabic translation is required. The DIFC allows the drafting of a will in English

Probate registration options

There are several jurisdictions in the UAE for the registration of wills:

  1. Dubai Courts
  • Suitable for: Muslims and non-Muslims.
  • Language: Arabic.
  • Process: Requires notarization and translation into Arabic.
  • Cost: More affordable compared to other jurisdictions.
  1. DIFC Wills Service Centre
  • Suitable for: Non-Muslims.
  • Language: English.
  • Process: Allows the registration of wills covering movable and immovable property, as well as the appointment of guardians for minor children.
  • Cost: About 15,000–20,000 dirhams
  1. Abu Dhabi Judicial Department (ADJD)
  • Suitable for: Residents of Abu Dhabi.
  • Language: Arabic.
  • Process: Similar to the process in Dubai courts, with the need for translation and notarization.
    Appointment of guardians
    In a will, you can appoint guardians for minor children. This is especially important for expats to avoid the automatic appointment of guardians according to Sharia law.
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