Your UAE Legacy: Why a Will Still Matters for Expats
May 9, 2025
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Living as an expat in the UAE, a vibrant hub home to a population that's around 88% foreign 
[1], means building a life far from home. Securing your hard-earned assets and ensuring your family's future is paramount [1]. Historically, navigating inheritance laws here could feel complex, especially if you passed away without a will (intestate) 
[28][1]
[24]. Thankfully, recent legal reforms have brought significant clarity for non-Muslims, but understanding the rules and the vital role of a registered will remains crucial [1]
[10]
[27]. This guide breaks down the current UAE inheritance landscape for expats, explaining why a will isn't just advisable—it's essential.
Understanding UAE Inheritance: The Old Default Rules
Before the recent game-changing reforms, what happened if a non-Muslim expat died in the UAE without a registered will? This situation, known as dying intestate, meant UAE law governed the distribution of assets located within the country [28]
[6]
[7]
[21]
[23]. Often, this involved applying principles of Sharia law, as outlined in legislation like the UAE Personal Status Law and the Civil Code [28][1][24].
Sharia inheritance includes a concept called "forced heirship," where specific family members receive predetermined shares [1]&size=28)
[9][21][24]. These shares might not align with your personal wishes or your home country's laws, and historically, there could be differences based on gender [1]
[8]. For example, a wife with children might inherit only 1/8th of her husband's estate, while a husband might receive 1/4th of his wife's, with the rest distributed according to set rules [8]. Dying intestate under this old system could lead to assets being divided in ways you never intended, causing delays, extra costs, family friction, and even frozen bank accounts until the courts sorted things out [7][21]
[25]. While there was a limited path to potentially use home country law via Article 1(2) of the Personal Status Law and Article 17(1) of the Civil Code, this generally required having a will in the first place [28][23].
Major Reforms: Federal Decree-Law No. 41 of 2022 Explained
Here's where things have significantly improved for non-Muslim expats. Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, effective from February 1, 2023, introduced a major shift [1]
[3]
[4]. This law applies automatically to non-Muslim UAE nationals and residents unless they specifically choose to apply their home country's law instead [1]
[2]
[26].
So, what's the big change? For non-Muslims dying without a will after February 1, 2023, Sharia principles are no longer the automatic default for dividing UAE assets [1]. Instead, Article 11(2) of the new law sets out a clear default distribution: 50% of the estate goes to the surviving spouse, and the remaining 50% is divided equally among the deceased's children, regardless of their gender [2][4][8]
[22]. This marks a significant move towards gender equality in default inheritance [2][3]. If there are no children, the law specifies how assets are divided between the spouse and parents or siblings [2]
[16]. Importantly, the law strongly affirms the freedom of non-Muslims to leave their assets to whomever they choose through a registered will [2][4][26]. It also explicitly confirms the right to opt for your home country's inheritance laws (Article 1(1), Article 11(3)) [2][26][4].
The Solution: Why You Still Absolutely Need a Registered UAE Will
Okay, so the new default rules under Law 41/2022 offer more clarity and fairness for non-Muslims dying intestate. Does that mean you can skip getting a will? Absolutely not. Even with these positive changes, a registered UAE will remains essential for several key reasons. Firstly, a will ensures your specific wishes are followed, rather than relying on any default distribution, new or old [6][7][9][22][24]. You get to decide who inherits what.
Secondly, a will is the formal way to elect for your home country's inheritance laws to apply if that's your preference [28][2][7][21][24]. Thirdly, and critically for families, a registered will is the primary mechanism to appoint guardians for your minor children residing in the UAE [6][8]
[15]. Fourthly, you can appoint an executor you trust to manage your estate [6]. Finally, having a clear, registered will helps avoid potential ambiguity, delays, and disputes, even under the reformed system [8]
[17][21]. Relying on a foreign will can be uncertain; UAE courts have discretion on whether to uphold them, potentially freezing assets while decisions are made, whereas a registered UAE will provides much greater certainty [28][8]
[5].
How to Register Your Will in the UAE: Key Options
DIFC Wills Service Centre
Operating under the common law framework of the Dubai International Financial Centre (DIFC), this service is specifically for non-Muslims [1]
[12][15]. You don't need to be a UAE resident to use it, just over 21 and never have been Muslim [1][8]. DIFC wills are registered in English and can cover assets in Dubai and Ras Al Khaimah, potentially worldwide, though enforcement outside the UAE depends on other countries' laws [1][7][12]. The benefits include legal certainty, avoiding UAE default rules, appointing guardians for children in Dubai, familiarity for those from common law backgrounds, and an efficient, often online, process [1][7][8][12][15]. They offer various types like Full Wills, Property Wills, and Guardianship Wills [15].
ADJD Wills Registration Office (Abu Dhabi)
Based in Abu Dhabi's civil law system but designed for non-Muslims (and even Muslim expats), this office allows registration of wills covering assets across all seven UAE Emirates [6][7]
[11]
[14][17]
[18]. It's a popular choice due to its UAE-wide scope (though it cannot cover non-UAE assets) and streamlined online process [6][11][18]. Eligibility requires being 21+; residency isn't mandatory [11][14][18]. It offers certainty, avoids default rules, allows guardianship appointments, and is cost-effective (a fee of AED 950 has been mentioned) [6][11][14][17][18]. While templates are available in English and Arabic, wills might need official Arabic translation for use in onshore courts [6][14].
Dubai Courts (Onshore)
Non-Muslims can also register wills directly with the Dubai Courts Notary Public, operating under Dubai's civil law system [4][6][26][15]
[20]. Dubai Law No. 15 of 2017 specifically addresses non-Muslim wills, and there's a dedicated department to handle these cases [1][5][15]. These wills can cover assets across all seven Emirates [6][20]. You generally need to be a non-Muslim, 21+, and may need a valid UAE Resident ID [20]. This route ensures non-Sharia application and allows freedom in distribution and guardianship [6][15][20]. A key difference from DIFC is that wills typically need to be professionally translated into Arabic or be bilingual [6][20][7].
Other Options
Appointing Guardians: Protecting Your Children
One of the most compelling reasons for expats with families to register a UAE will is the ability to formally appoint guardians for minor children [6][8][15]. Should the unthinkable happen to both parents, a registered will (via DIFC, ADJD, or Dubai Courts) provides clear instructions on who should care for your children residing in the UAE [6][8][15]
[19]. While recent laws like Federal Decree-Law 41/2022 have introduced concepts like joint custody after divorce for non-Muslims [3]
[13], a will addresses the critical issue of guardianship upon parental death.
Practical Steps & Key Takeaways for Expats
Feeling overwhelmed? Let's break it down into actionable steps. First, take stock of your assets within the UAE [7]. Next, decide clearly how you want those assets distributed and who you wish to appoint as guardians for any minor children [6][8][15]. Then, choose the registration mechanism that best suits your needs – DIFC, ADJD, or Dubai Courts – considering factors like asset location and legal system preference [7]. It's highly recommended to seek professional legal advice to ensure your will is drafted correctly and properly registered [4][7]. Finally, remember a will isn't a one-time task; review and update it periodically, especially after major life events like marriage, divorce, or having children [7]. Acting proactively is key [6][7][8][24].
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