UAE wills and inheritance planning for expats
Why UAE inheritance law catches expats off guard
The UAE operates a dual legal system. For Muslims, Sharia governs succession. For non-Muslims, the position is more nuanced, and has improved meaningfully in recent years, but the default in the absence of a registered will still draws on UAE civil code provisions that can diverge from British expectations.
The most common shock: a surviving spouse does not automatically inherit the whole estate. Assets can be frozen while courts determine distribution. Where children are involved, shares may be fixed by formula rather than parental intention.
Since 2021, UAE federal law has allowed non-Muslim expats to elect for their home country’s law to govern inheritance of personal (moveable) assets. But that election requires documentation, legal process, and, in practice, a registered will to make it stick. The law having changed in your favour is not the same as the outcome being sorted.
What a UAE will actually covers
A properly drafted UAE will can address:
- Real estate held in freehold areas of Dubai, Abu Dhabi, and elsewhere
- Bank accounts and investments held at UAE institutions
- Freezone company shares (DMCC, IFZA, RAKEZ, and others)
- Personal assets, vehicles, valuables, contents
- Guardianship of minor children who are UAE residents
Guardianship is worth particular attention for families. Without a registered will naming a guardian, UAE courts decide, and the outcome may not align with what you and your partner have agreed.
DIFC vs ADJD: a quick comparison
| Feature | DIFC Wills Service | Abu Dhabi Judicial Department (ADJD) |
|---|---|---|
| Primary coverage | Dubai + RAK assets | Abu Dhabi assets |
| Legal framework | Common law (English-style) | Civil law, non-Sharia for non-Muslims |
| Who can register | Non-Muslim expats and non-residents | Non-Muslim expats resident or with assets in Abu Dhabi |
| Languages | English | Arabic (translation required) |
| Business assets | Yes, including freezone shares | Yes |
| Guardianship | Yes | Yes |
If your life is split across emirates, which is common for people living in Dubai but banking or holding property in Abu Dhabi, you may need instruments with both registries. Your estate planner should map this against where each asset actually sits.
How your UAE will interacts with your UK will
The two wills should be drafted to complement each other, not to conflict or accidentally revoke one another. Each will should be scoped explicitly: your UK will covers UK-sited assets, your UAE will covers UAE-sited assets.
A careless drafting clause, “this will revokes all previous wills”, can inadvertently cancel the other document. Both should be reviewed together by advisers who understand both jurisdictions.
Keeping it current
A will registered at DIFC or ADJD is not a fire-and-forget document. It needs revisiting when:
- You acquire new UAE property or open new accounts
- You start, buy into, or restructure a business
- Your family circumstances change (marriage, divorce, children, death of a named beneficiary)
- You move emirate or change your primary asset base
The cost of updating a will is a fraction of the cost of a contested or frozen estate.
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Questions people ask
Do expats need a UAE will to protect their assets?
If you hold UAE assets, a bank account, property or company shares, a UAE-recognised will is strongly advisable. Without one, UAE courts can apply local inheritance rules to those assets and accounts can be frozen while the estate is resolved, whatever your UK will says. Registering through the DIFC Wills Service or an equivalent route puts your wishes in a form UAE authorities apply directly.
What happens if I die in the UAE without a will?
If you die intestate in the UAE, local courts default to UAE law, which draws on Sharia principles for asset distribution. This applies to non-Muslims too. The outcome can diverge significantly from what UK succession law, or your own wishes, would produce, particularly around spousal inheritance and children's shares.
Can my UK will cover my UAE assets?
A UK will is not automatically recognised or enforced in the UAE. Even where recognition is possible in principle, the process is slow, costly, and uncertain. The practical approach is a separate UAE-registered will covering assets held in the Emirates, running in parallel with your UK will.
What is the DIFC Wills Service and who can use it?
The DIFC Wills Service Centre allows non-Muslim expats to register a will governed by common law principles, broadly similar to English law, covering assets in Dubai and Ras Al Khaimah. Wills can cover property, bank accounts, business interests, and guardianship of minor children. It is the most widely used route for UK nationals in the UAE.
Is the DIFC the only option for registering a UAE will?
No. Non-Muslims in Abu Dhabi and the broader northern emirates can register wills through the Abu Dhabi Judicial Department (ADJD), which also operates on a non-Sharia basis for expats. The right choice depends on where your assets are held and where you are resident, and in some cases, both registries are worth considering.
Do I need a separate will if I have a DIFC company or freezone shares?
Business assets, including freezone company shares, offshore holdings, and investment accounts, should be explicitly addressed in your UAE will. Freezone authorities have their own rules on share transfer on death, and without clear documentation the process can stall significantly. A well-drafted will covers both personal and business assets and names an executor who can act in the UAE.