What is the Necessity of a Will?

A will is a legal document that contains instructions regarding the disposal of assets, after a person’s death (“Will”). It generally contains details of the property, location, future ownership of assets etc.
Most people assume that they do not require a Will as they do not own real estate or luxury items. However, this is not the case as individuals may hold other assets of worth such as bank accounts, end of service payments, death in service benefits and other personal possessions. Unexpected death can lead to these assets being blocked for a prolonged period making essential resources unavailable to loved ones.

Disposal of assets in the Absence of a Will

In the UAE, in the absence of a Will, properties belonging to a person are disposed of as per the provisions of the family laws in force in the country. Thus, in case of Muslims, the inheritance law as per Federal Decree Law No. 41 of 2024 is followed. In case of non-Muslims, Federal decree Law No. 41 of 2022 is followed for non-Muslims outside Abu Dhabi, and Abu Dhabi law no. 14 of 2021 (Abu Dhabi Civil Law”) is followed in case of non-Muslim within Abu Dhabi.

Disposal of UAE assets as per a Will registered in the UAE

In case of non-Muslims, one may choose the application of the Civil Laws governing non Muslims in the UAE and leave their assets as per their choice in accordance with the law. However, in the case of Muslims, who will have their Will governed by the Muslim personal status Law, only one-third of the properties can be disposed of according to a Will. The remaining 2/3rd must be distributed as per the Sharia Based inheritance law under Federal Decree Law No. 41 of 2024.

Registration and Execution of a Will in the UAE: 

Depending on the law under which a Will is to be executed, there are various ways to create a Will. 

1. Sharia compliant Will
   A sharia compliant Will may be registered in the UAE local courts before a notary public. As mentioned above, sharia-based Wills will be applied to only 1/3rd of the estate of the deceased.
2. Abu Dhabi Civil Family Court Will
   If one wishes to register a Will under the Abu Dhabi Civil Law, it may be done through the Abu Dhabi Civil Family Court. Both non-Muslim and Muslim Expatriates can register a Will through the Abu Dhabi Civil Family Court. The Judicial Department website provides a standardized Will template in both English and Arabic that can be used to draft a Will. One may also draft an independent Will with the assistance of a UAE lawyer. Thereafter, the Will must be registered with the ADJD Civil Wills Section.
3. DIFC Will
   The DIFC Wills is a joint effort by the government of Dubai and the Dubai International Financial Center (DIFC) Court. Non-Muslims looking to register Wills regarding assets or appointing guardians for their minor children can register their Wills with the DIFC Wills registry.

Disposal Of Assets as Per a Will Registered Outside The UAE 

Are Foreign Wills recognized in the UAE?   

Wills that are drafted outside the jurisdiction of where the property is located is called a foreign Will. Thus, to enforce a Will drafted outside the UAE, but covering assets in the UAE, one must first obtain a judgment from the UAE court to enforce such a Will document. 

Benefits of Registering a Separate Will in the UAE for UAE Assets:

Although it is possible to cover UAE assets under a foreign Will, it is highly recommended that assets in the UAE are disposed of under a Will registered in the UAE. This will prevent delays that can occur in a foreign Will that requires recognition and execution in the UAE under the prescribed law. 

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