Drafting a will
Entering into inheritance in the UAE
In the UAE, inheritance matters are by default governed by Islamic law (Sharia) — but only in the absence of a registered or notarially certified will.
Where can an expat register a will in the UAE?
DIFC Wills (Dubai International Financial Center)
Non-Muslim expats can register a will at the DIFC Wills Service Centre. Such a document allows foreigners to avoid the application of Sharia and ensure the distribution of property according to their wishes. Thanks to changes in DIFC rules, non-Muslim expats can include both movable and immovable property, which is located in all emirates and in any country, in their will.
DIFC wills are the most reliable option in the UAE, because:
- They are governed by common British law, which is easily recognized in foreign jurisdictions, making them easier to execute
- Their content is thoroughly reviewed and verified by the DIFC Wills Service Centre before registration
- They are drafted, registered, and executed in English
- They do not require legal translation into Arabic, unlike other types of wills.
The most comprehensive option is the Full Will, covering all types of property.
A Full Will can be either individual (DIFC Single Full Will) or mirror (DIFC Mirror Full Wills) for spouses.
ADJD Wills (Abu Dhabi Judicial Department)
ADJD allows the possibility for the registration of civil wills for both Muslims and non-Muslims. An ADJD will enables the waiver of Sharia application and ensures the distribution of property according to the applicant's wishes. Furthermore, the testator can designate beneficiaries and appoint guardians for their minor children.
An ADJD will can be prepared in two ways: using the standard template from ADJD or creating a custom document with the help of a lawyer.
We recommend choosing an individual will with legal support, as the ADJD template is limited in scope and cannot include your formulations.
Dubai Courts Wills
Non-Muslim expats can also draft wills at the Dubai Courts Notary Public. Such a document can cover property in all Emirates and include provisions for guardianship. Dubai Courts' wills must be legally translated into Arabic before notarial certification.
What happens if a will is not registered in the UAE?
In the absence of a legally formalized will in the UAE, the process of transferring assets after the death of the owner can be extremely laborious, costly and fraught with legal difficulties. In this case, property inheritance will proceed according to Sharia laws and the court will distribute shares among the heirs at its discretion.