Will Registration for Non-Muslim Expats in the UAE: Complete Legal Guide to Protecting Your Assets & Guardianship Rights
If you are in the UAE and wish to secure your assets without them being distributed by default laws or leading to guardianship complications, it is essential for every expat — both Muslim and non-Muslim — to register their assets through a legally valid will. This ensures the protection of your assets and preserves your legacy for generations.
As the UAE comprises around 88% expatriates from diverse parts of the world, having a registered will helps reduce potential disputes and accelerates legal and administrative processes.
What is a Will?
A will is a legally binding document that determines how a person’s assets are distributed and how the guardianship of minor children is handled upon their death.
Without a registered will, several major issues can arise, including frozen bank accounts, guardianship complications, and delays or disputes in the distribution of assets.
In 2020, the UAE government introduced significant amendments to the Civil Code and Personal Status Law. These changes allow non-Muslim foreign residents to specify the applicable law in their wills.
According to Article 1(1) of Federal Decree Law No. 41 of 2022 on Civil Personal Status:
“The provisions of this Decree Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them elects the application of the law of their home country with regard to matters of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. 5 of 1985 referred to above.”
This Personal Status Law allows non-Muslims to register their wills according to their preferred applicable law. Wills can be registered through the courts of the respective emirate in the UAE, which offer will registration services.
In the Emirate of Dubai, the registration of wills for non-Muslims may follow the provisions of Law No. 15 of 2017 concerning the administration of estates and the implementation of wills for non-Muslims.
Eligibility Criteria to Register a Will
The testator must be at least 21 years old and of sound mind, with the legal capacity to understand the nature and consequences of the will.
To ensure enforceability, the original will and the required supporting documents must be submitted for registration with the appropriate authority, such as the DIFC Courts, Dubai Courts, or the Abu Dhabi Judicial Department (ADJD).
Dubai International Financial Centre (DIFC)
Under the DIFC, non-Muslim individuals are eligible to register English-language wills.
The DIFC Courts Wills Service Centre offers five types of wills:
- Full Will
Covers all assets within the UAE, including bank accounts, shares, real estate, vehicles, and digital assets. - Guardianship Will
Appoints guardians for minor children without covering any assets. This is suitable for parents who wish to specify childcare arrangements. - Property Will
Covers up to five real estate properties (or shares in them) located in Dubai or Ras Al Khaimah. This option is ideal for property investors. - Financial Assets Will
Covers up to ten UAE bank or brokerage accounts holding cash, stocks, securities, or other movable assets. - Business Owners Will
Covers up to five shareholdings in UAE free zone or onshore companies. The will must be updated if additional shares are acquired.
Dubai International Financial Centre (DIFC) – Eligibility Requirements
To register a will at the DIFC Courts Wills Service Centre, you must meet the following criteria:
- You are a non-Muslim and have never been a Muslim.
- You are at least 21 years of age.
- You own assets in the UAE and/or have minor children residing with you in the UAE.
Abu Dhabi Judicial Department (ADJD)
The ADJD allows non-Muslim residents and expatriates in the UAE to distribute their UAE-based assets according to their wishes, instead of default Sharia inheritance rules.
To register a will with ADJD:
- The testator must be at least 21 years old.
- The testator must possess a valid Emirates ID.
- The will must be formally registered with the ADJD for enforceability.
Dubai Courts
Dubai Courts allow non-Muslims to notarize their wills before a Notary Public within Dubai’s local court system. This enables the distribution of UAE assets according to the testator’s wishes and allows the appointment of guardians for minor children.
Abu Dhabi Global Market (ADGM)
ADGM offers a wills registration service for non-Muslim expatriates in Abu Dhabi. It allows the registration of English common law wills, providing an alternative framework to Sharia-based inheritance rules.
An ADGM will can cover assets located anywhere in the UAE (with certain exclusions, such as DIFC-registered assets and, in some cases, Dubai real estate). This may include:
- Real estate
- Bank accounts
- Shares and securities
- Business interests
- Digital assets
Conclusion
Registration has made it mandatory for Muslims and Non- Muslims In the UAE to secure their asset and wishes to prepare you for future circumstances and to make sure wills are distributed according to your wishes. Online wills registration is now available, making it easy for anyone, within and outside of the state or country, to register a will. Seeking professional legal advice and help can be beneficial in case of any difficulties that may arise during the process. And, to make sure that all documents are arranged and executed properly.
Index Legal Translation is a legal translation service company in the UAE, providing services across Dubai and Abu Dhabi. We provide Translation, Attestation, and Notary services online and in-person with professional translators to assist and guide you to properly secure your documents. We provide will services to ensure your wills are protected no matter where you are in the world.
Contact us for more details or visit our website to know more.