Will in the UAE for foreigners

If there is a will

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If a will is made in the UAE, inheritance issues are governed by the provisions of the will. 

If there is no will

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Rules of Intestate Succession for Non-Muslim Residents of the UAE

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Since 1 February 2023, the UAE has been implementing a new Federal Law No. 41 on Personal Status (Personal Status Law), which significantly changes the rules of inheritance for non-Muslim residents. Now, foreigners who are residents of the UAE can draw up a will and choose to inherit under the laws of their country of citizenship.

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If there is no will, the property is distributed as follows:

1. ½ to the spouse, the other half to the children equally, regardless of gender;
2. if there is no spouse or children, the property is received by the parents;
3. then brothers and sisters, also in equal shares, regardless of gender.

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Rules of Intestate Succession for Non-Muslims – Non-Residents of the UAE and Muslims

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The Personal Status Law does not apply to non-residents of the UAE. For them, the Federal Law No. 41 of 2024 on Civil Status, based on Sharia principles, applies.

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The key provisions of this law are:

• Real estate in the UAE is subject to local laws.
• The inheritance is divided automatically into fixed shares. 
• Mandatory heirs (parents, spouse, children) cannot be excluded - their shares are fixed by law.
• The woman is not the primary caregiver, so this may be difficult.
• Inheritance shares for men are usually twice as large as for women of the same degree of kinship.

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A will allows you to change the standard rules of inheritance.

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Why is it important to make a will in the UAE

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In the absence of a will, heirs may face the following risks:

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- freezing of bank accounts and assets;

- difficulties with determining and distributing inheritance;

- the possibility of applying the norms of the law based on the principles of Sharia;

- difficulties in appointing guardians for children;

- legal and administrative costs.

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In order to distribute your property in the UAE according to your will and avoid risks, we recommend drawing up a will. This is a reliable and clear way to protect your assets.

There are several types of wills in the UAE, each with its own characteristics and suited to specific cases.  

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DIFC Wills

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They are drawn up in accordance with the DIFC Courts' own regulations, based on English common law.

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Peculiarities:

• assets in and outside the UAE can be included;
• entirely in English;
• certification is carried out online via video link;
• it is possible to prescribe complex mechanisms for the distribution and management of assets; 
• It is possible to select and appoint guardians for children.

There are several types of wills available at DIFC Courts, the main difference between which is the subject matter (real estate, business, digital assets, etc.) and the cost of certification. A full will covers all assets, but the costs of its execution are higher, while specialized wills allow you to reduce costs by covering only certain categories of property. 

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Will through a notary in the UAE courts 

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It is issued through the judicial department of the relevant emirate by contacting a public or private notary.

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Peculiarities:

• Arabic is the main language. It is possible to add a second language. For example, English;
• notarization required;
• Only assets located in the UAE can be included.

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One of the advantages compared to DIFC Courts is that the costs of notarising a will are significantly lower. 

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In addition, Muslims cannot make a will in the DIFC Courts. Therefore, it is necessary to certify the will in the usual manner through a notary in the UAE courts. 

Making a Will at DIFC Courts

One of our clients requested a will to be executed through the DIFC Court to distribute assets located in the UAE. The main objective was to ensure that assets were transferred in accordance with his will using the provisions of common (English) law.

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We prepared a will that defined the order of distribution of property, appointed an executor, identified witnesses, and provided instructions for dealing with unforeseen circumstances.

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The choice of DIFC Courts allowed us to implement more flexible asset distribution mechanisms that fully comply with the testator’s wishes, using the rules of common (English) law. This case demonstrates the advantages of DIFC Courts for succession planning, when it is important to ensure predictable legal protection.

Making a Will at Dubai Courts

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A client who owns property in Dubai applied to have a will made through Dubai Courts to avoid the general provisions of the law.

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We prepared a will in accordance with the testator's wishes in English and Arabic. It identified the heirs, appointed an executor and provided for measures in case the main beneficiaries of the property were unable to inherit. The will was notarized through Dubai Courts.

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Registering a will with Dubai Courts allowed the client to secure his desired order of succession, provide legal protection for his loved ones, and simplify the transfer of property rights. This case highlights the importance of a pre-arranged will, even with a limited number of heirs and assets.

Will preparation in Abu Dhabi Courts as part of corporate structuring

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As part of a comprehensive project to enter the UAE market for a group of companies, we implemented a succession planning solution. The client, together with a partner, owns a stake in the company in ADGM. 

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The main objective was to ensure compliance with partnership agreements and transparency of the procedure for transferring corporate rights in the event of unforeseen circumstances.

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The will served as an effective tool for recording the previously agreed order of inheritance of the share package, which allowed the company's partners to understand exactly to whom and under what conditions the corporate rights would be transferred in the event of the death of one of the shareholders. This solution not only protected the interests of the beneficiaries, but also guaranteed the smooth operation of the company, minimizing legal and operational risks.

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The document was prepared and notarized through the Abu Dhabi Judicial Department in English and Arabic, with a clear definition of the heirs, the appointment of an executor and the procedure for the transfer of shares in the event of the failure of the main beneficiaries to accept the inheritance.

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This case demonstrates how competent succession planning becomes a key element of corporate structuring, allowing for control over assets and maintaining business stability under any scenario.