Wills In Dubai: A Comprehensive Guide For Residents And Expats

Wills in Dubai provide a legal framework for residents and expatriates to dictate how their assets are distributed after death, ensuring their wishes are honored under UAE law. This guide explores the essentials of creating and registering a will in Dubai, the governing laws, options available for Muslims and non-Muslims, and the consequences of not having one. It also covers the costs, processes, and key considerations for safeguarding your estate and family.

What Are Wills in Dubai?

Wills in Dubai are legal documents that outline how a person’s assets, such as property, bank accounts, and personal belongings, are distributed upon their death. They also allow the appointment of guardians for minor children. In Dubai, wills are governed by a mix of Sharia law for Muslims and specific regulations for non-Muslims, offering flexibility to ensure estate planning aligns with personal preferences.

Why Are Wills Important in Dubai?

Wills are crucial in Dubai because, without one, Sharia law dictates asset distribution for Muslims, and intestate succession laws apply for non-Muslims, which may not reflect your wishes. For expatriates, this can lead to unintended outcomes, such as assets being frozen or guardianship of children being assigned contrary to your preferences. A registered will ensures clarity, reduces legal disputes, and speeds up the probate process.

What Laws Govern Wills in Dubai?

Wills in Dubai are governed by UAE Federal Law No. 5 of 1985 (Civil Code), Federal Law No. 28 of 2005 (Personal Status Law), and Dubai Law No. 15 of 2017 for non-Muslims. For Muslims, Sharia principles under the Personal Status Law apply unless a will specifies otherwise within legal limits. Non-Muslims can opt for DIFC Wills under Dubai Law No. 15 of 2017 or register with Dubai Courts, allowing their home country’s laws or personal wishes to prevail. Recent amendments (Federal Decree-Law No. 30 of 2020) further permit non-Muslims to apply their native inheritance laws to movable assets if no will exists.

Who Can Create a Will in Dubai?

Anyone over 21 years old and of sound mind can create a will in Dubai. This includes UAE nationals, Muslim residents, and non-Muslim expatriates. Non-Muslims benefit from additional options, such as registering with the Dubai International Financial Centre (DIFC) Wills Service or Dubai Courts, while Muslims must align their wills with Sharia-compliant limits unless specific exceptions apply.

What Types of Wills Are Available in Dubai?

There are five main types of wills available in Dubai through the DIFC Wills Service, alongside options at Dubai Courts. These cater to different needs:

1. Full Will: Covers all assets worldwide and guardianship of minor children.
2. Property Will: Manages up to five UAE real estate properties.
3. Financial Assets Will: Handles up to ten UAE bank or investment accounts.
4. Business Owners Will: Distributes shares in up to five UAE-based businesses.
5. Guardianship Will: Appoints guardians for minor children in Dubai or Ras Al Khaimah.

Dubai Courts also offer wills for Muslims and non-Muslims, applicable across all emirates, often at a lower cost.

How Do You Register a Will in Dubai?

Register a will in Dubai by following these six main steps:

1. Draft the Will: Prepare a written document detailing asset distribution and guardianship, preferably with legal assistance.
2. Choose a Jurisdiction: Select DIFC Wills Service (for non-Muslims) or Dubai Courts (for all residents).
3. Gather Documents: Submit identification, asset ownership proof, and, for Dubai Courts, Arabic translations.
4. Sign with Witnesses: Sign the will in the presence of two adult witnesses of sound mind, not beneficiaries.
5. Book an Appointment: Schedule a registration slot—virtual for DIFC or in-person for Dubai Courts.
6. Pay Fees: Settle costs— AED 10,000 for a single DIFC Full Will or AED 2,165 at Dubai Courts.

The process takes a few weeks, with DIFC offering online convenience.

What Happens Without a Will in Dubai?

Without a will in Dubai, assets are distributed under Sharia law for Muslims or UAE intestate succession laws for non-Muslims, often against your wishes. Three severe consequences include:

1. Frozen Accounts: Bank accounts freeze until courts decide, delaying access for dependents.
2. Unintended Inheritance: Assets may go to distant relatives, not your spouse or children.
3. Guardianship Issues: Courts assign guardians for minors, potentially not your preferred choice.

For example, a non-Muslim expat’s villa might not pass to their spouse but to male heirs under Sharia if unregistered.

How Much Does It Cost to Register a Will in Dubai?

Costs to register a will in Dubai vary by jurisdiction. At DIFC, fees are:

• Single Full Will: AED 10,000
• Mirror Wills (Couples): AED 15,000
• Property or Guardianship Will: AED 5,000–7,500

Dubai Courts charge AED 2,165 per will, plus translation fees (around AED 500–1,000). Legal consultation adds AED 2,000–6,000, depending on complexity.

What Are the Benefits of Registering a Will in Dubai?

Registering a will in Dubai offers five main benefits:

1. Control: Ensures assets go to chosen beneficiaries.
2. Guardianship: Secures care for minor children.
3. Speed: Reduces probate delays.
4. Clarity: Minimizes family disputes.
5. Flexibility: Allows non-Muslims to bypass Sharia law.

For instance, a British expat can ensure their UK-based inheritance laws apply to UAE assets.

What Are Key Considerations for Expatriates?

Expatriates must consider three main factors when drafting wills in Dubai:

1. Jurisdiction Choice: DIFC suits non-Muslims with Dubai or Ras Al Khaimah assets; Dubai Courts cover all UAE assets.
2. Home Country Laws: Specify if native laws should apply to movable assets.
3. Guardianship: Name interim and permanent guardians for minors, especially if permanent guardians reside abroad.

Seek legal advice if assets span multiple countries to avoid conflicts.

How Do DIFC Wills Differ from Dubai Courts Wills?

DIFC Wills differ from Dubai Courts wills in four main aspects:

1. Eligibility: DIFC is for non-Muslims only; Dubai Courts serve all.
2. Scope: DIFC covers Dubai and Ras Al Khaimah; Dubai Courts apply UAE-wide.
3. Language: DIFC uses English; Dubai Courts require Arabic translations.
4. Cost: DIFC fees start at AED 5,000; Dubai Courts charge AED 2,165.

Choose DIFC for English convenience, Dubai Courts for broader coverage.

Wills in Dubai empowers residents and expatriates to secure their legacy and protect their families. Governed by a blend of Sharia and civil laws, options like DIFC Wills and Dubai Courts cater to diverse needs. Registering a will—costing AED 2,165 to AED 15,000—ensures assets and guardianship align with your wishes, avoiding Sharia or intestate defaults. Act today to safeguard your estate with a clear, legally binding will.