If something happened to you tomorrow, would your family know what happens to your property, bank accounts, investments and business interests in the UAE?
For many expatriates living and working in the UAE, estate planning is an important but frequently overlooked part of financial and family planning.
A properly prepared and legally recognised Will can provide greater clarity about how your assets should be dealt with after your death and, where applicable, provide arrangements concerning the guardianship of minor children.
The UAE has specific legal frameworks dealing with wills, inheritance and estates. The applicable rules can depend on factors such as nationality, religion, residence, the nature and location of assets, and the legal framework under which the Will is made.
For this reason, expatriates should not simply assume that a Will prepared in their home country will automatically provide the outcome they expect for assets situated in the UAE.
What Happens If You Die Without a Will in the UAE?
The legal position can depend on the individual's circumstances and the applicable UAE legislation.
The current UAE Personal Status Law, Federal Decree-Law No. (41) of 2024, provides that its provisions apply to non-UAE citizens unless one of them insists on applying their own law, or another law has been agreed to be applied, where permitted by UAE legislation.
The law also contains specific provisions concerning wills and estates.
For example, the law sets out rules concerning the execution of wills, inheritance and the distribution of estates. It provides that, in specified circumstances, a Will may determine how property is distributed, while the applicable inheritance rules may apply where there is no effective Will.
Therefore, the common statement that "every expatriate who dies without a Will will automatically have their UAE assets distributed according to Sharia inheritance rules" is an oversimplification.
However, dying without a properly planned and legally recognised Will can still create uncertainty and may make estate administration more complicated for surviving family members.
Why Is a Will Important for UAE Expats?
A Will is more than a document for distributing money.
For an expatriate living in the UAE, estate planning can help address important questions such as:
- Who should receive your assets?
- Who should administer your estate?
- What should happen to your UAE property?
- How should your bank accounts and investments be dealt with?
- What should happen to your UAE business interests or shares?
- What arrangements should be made for minor children?
- Who should act as executor of your Will?
A clear estate plan can help create a structured legal framework for dealing with your affairs after death.
DIFC Wills Service for Eligible Non-Muslims
For eligible non-Muslim individuals, the DIFC Courts Wills Service provides a specific estate-planning mechanism.
According to the DIFC Courts, an individual seeking to register a Will generally must:
- Be 21 years of age or older;
- Not be Muslim and have never been Muslim; and
- Own assets in the UAE and/or have minor children residing with them in the UAE.
The DIFC Courts Wills Service currently provides several types of Wills, including:
1. Full Will
A Full Will can cover movable and immovable property in the UAE and can also include guardianship arrangements for minor children residing in Dubai or Ras Al Khaimah, where applicable.
2. Property Will
A Property Will can cover up to five UAE real estate properties, subject to the applicable requirements.
3. Financial Assets Will
This option can cover up to ten bank and/or brokerage accounts registered at a branch situated in the UAE.
4. Business Owners Will
A Business Owners Will can cover up to five UAE shareholdings, subject to the applicable DIFC rules.
5. Guardianship Will
A Guardianship Will can address the appointment of guardians for minor children.
The DIFC Courts also confirm that UAE residency is not necessarily required to register a DIFC Will, provided the eligibility requirements are satisfied.
However, whether a DIFC Will is the appropriate option depends on the individual's circumstances, assets and family situation.
What Should You Consider When Preparing a Will?
1. UAE Property
If you own an apartment, villa, land or other real estate in the UAE, consider how you want the property to be dealt with after your death.
A Will can form an important part of planning for the succession of such assets.
2. Bank Accounts and Investments
Your estate plan should identify relevant financial assets, including:
- UAE bank accounts;
- Investment accounts;
- Brokerage accounts;
- Shares and securities; and
- Other significant financial interests.
Keeping an accurate record of these assets can also make estate administration easier for your family.
3. Business Interests
Business owners should pay particular attention to succession planning.
If you own shares in a UAE company, your estate plan should consider what happens to those shares following your death and how your intended beneficiaries can receive the relevant interests, subject to applicable company and succession laws.
4. Minor Children
If you have minor children, guardianship planning should be considered carefully.
The DIFC Wills Service specifically provides mechanisms for guardianship arrangements for eligible individuals, including arrangements relating to minor children residing in Dubai or Ras Al Khaimah.
Parents should consider who they would want to care for their children and understand the legal requirements applicable to their circumstances.
5. Executors
An executor is responsible for taking the necessary steps to administer the estate in accordance with the Will.
Choosing an appropriate and trustworthy executor can therefore be an important part of estate planning.
Do Not Forget About Debts and Liabilities
Estate planning is not only about assets.
A person's estate can also involve outstanding financial obligations and liabilities.
The UAE Personal Status Law sets out an order for dealing with matters connected with an estate, including funeral expenses, settlement of debts, execution of the Will within the applicable limit, and distribution of the remaining estate.
For this reason, a comprehensive estate plan should consider both assets and liabilities.
Keep Your Will Updated
Making a Will is not necessarily a one-time exercise.
Your Will should be reviewed whenever there is a significant change in your personal or financial circumstances.
For example:
- Marriage or divorce;
- Birth or adoption of a child;
- Purchase or sale of property;
- Establishment or restructuring of a business;
- Significant changes to investments;
- Changes in beneficiaries; or
- Changes in your intended guardians or executors.
An outdated Will may no longer reflect your current wishes.
What Should UAE Expats Do?
If you are an expatriate living in the UAE, consider taking the following steps:
Review Your Existing Will
If you already have a Will from your home country, check whether it adequately addresses your UAE assets and circumstances.
Identify Your UAE Assets
Prepare an up-to-date record of your:
- Properties;
- Bank accounts;
- Investments;
- Business interests;
- Shares; and
- Other significant assets.
Consider Your Family Arrangements
If you have children, consider appropriate guardianship arrangements and understand the legal mechanisms available to you.
Choose the Appropriate Will Structure
Not every individual will require the same type of Will. Your circumstances may determine whether a Full Will, Property Will, Financial Assets Will, Business Owners Will or another estate-planning structure is appropriate.
Obtain Professional Legal Advice
Estate planning can involve multiple legal systems and jurisdictions, particularly where an individual has assets in both the UAE and another country.
Professional legal advice can help ensure that your estate-planning arrangements are appropriate for your particular circumstances.
A Will Is About More Than Wealth
Many people think of a Will simply as a document that determines who receives their money.
In reality, estate planning can involve much more.
It can help provide clarity regarding property, investments, businesses, financial assets, executors and, where legally applicable, guardianship arrangements for children.
For expatriates who have spent years building their lives in the UAE, taking the time to organise these matters can help reduce uncertainty for their families.
Conclusion: Would Your Family Know What to Do?
A Will is ultimately about preparation.
For UAE expatriates, having a clear and legally appropriate estate plan can provide greater certainty about how assets and other important matters should be dealt with after death.
So ask yourself one simple question:
If something happened to you tomorrow, would your family know exactly what to do?
If the answer is uncertain, it may be time to review your estate-planning arrangements.
Legal awareness today can help protect your family's future tomorrow.
Frequently Asked Questions
Do UAE expats need a Will?
A Will can be an important part of estate planning for expatriates who own property, financial assets, investments, businesses or other assets in the UAE. The appropriate legal structure depends on the individual's circumstances.
Can a non-Muslim expatriate make a Will in the UAE?
Yes. Eligible non-Muslims may have access to specific Will-registration mechanisms, including the DIFC Courts Wills Service, subject to the applicable requirements.
Can a Will cover UAE property?
Certain Will structures can address UAE property. For example, the DIFC Courts Property Will can cover up to five UAE properties for eligible testators.
Can a Will cover business interests?
Certain estate-planning structures can address UAE business interests. The DIFC Courts Business Owners Will, for example, can cover up to five UAE shareholdings, subject to the applicable rules.
Should I update my Will after marriage or having a child?
It is advisable to review your Will following significant changes in your personal or financial circumstances to ensure that it continues to reflect your intentions.
Legal Disclaimer: This article is provided for general legal awareness and informational purposes only and does not constitute legal advice. UAE inheritance, succession and estate-planning rules may depend on an individual's nationality, religion, assets, family circumstances and other relevant factors. Professional legal advice should be obtained before making or changing estate-planning arrangements.
