If you live in the UAE and own anything here, whether a bank account, a property, shares in a company or a car, the question is not whether you need a Will, but which one you need, where to register it and what it will cost. This article answers all three for non-Muslim expatriates, and explains where Muslim expatriates stand.
What Happens if an Expat Dies in the UAE Without a Will?
Without a Will, your estate is distributed by default rules that you did not choose, and your family will usually need a court order before anything can be released.
For non-Muslim expatriates, Federal Decree-Law No. 41 of 2022 on Civil Personal Status gives half of the estate to the surviving spouse and divides the other half equally between the children. Abu Dhabi Law No. 14 of 2021 sets out the same rule for Abu Dhabi. Any heir may instead ask for the law that would otherwise apply under the Civil Code, unless there is a registered Will that says otherwise.
In Dubai, Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai (the “Dubai Wills Law“) provides that local legislation applies where the estate includes real property in Dubai. In practice, that means a family can face a dispute over which law governs, and a frozen account, at the worst possible time, which a registered Will avoids.
The question is not whether you need a Will, but which one you need, where to register it and what it will cost.
Which Will Do I Need in the UAE?
There are three main routes:
DIFC Courts Wills ServiceAvailable to non-Muslims who are at least 18 years of age and who own assets in the UAE or have minor children living with them here. Wills are drafted in English and governed by the DIFC’s own probate rules.
Abu Dhabi Judicial Department (ADJD)The ADJD registers civil Wills for non-Muslims under Abu Dhabi Law No. 14 of 2021 and, as a matter of current practice, for non-GCC Muslim expatriates (see below). Wills must be bilingual, in English and Arabic, and the ADJD currently still requires testators to be at least 21 years of age.
Dubai Notary PublicA notarised non-Muslim Will, recorded in the Dubai Courts register created by the Dubai Wills Law. As with the ADJD, the Will must be bilingual, in English and Arabic.
The right choice depends on where your assets are, how complex they are, and whether you have young children who need a guardian named. A family with a Dubai property, overseas investments and children under 18 years needs a different Will from a single professional with a simple UAE bank account. You also need to look further ahead: what you want the Will to achieve in the long term, the assets you expect to acquire in future, and where you and your family will be in terms of age and timing.
How Do I Register a Will in the UAE?
The process starts in the same way whichever route you choose. We will provide you with a Will questionnaire, which you complete and return with your documents. We will then prepare a draft Will for your review. Once you have approved it, the steps depend on where the Will is being registered.
DIFC Courts Wills ServiceThe Will is in English and is signed at a virtual appointment before the DIFC Courts, in the presence of two witnesses.
ADJDThe Will is prepared in English and Arabic and is signed at a virtual appointment, without witnesses.
Dubai Notary PublicThe Will is prepared in English and Arabic and is signed at a virtual appointment before the Notary.
We manage the approvals, translations and appointments on each route, so your part is limited to approving the draft and attending the signing.
Registering the Will makes a real difference when it comes to enforcing it, because in Dubai a registered Will is implemented on a written order of the court, whereas an unregistered Will needs a court judgment on a formal application by the beneficiary (Dubai Wills Law), which means a longer process, more cost and more room for challenge.
How Much Does a Will Cost in the UAE?
Official registration fees:
| Will | Single | Mirror (couples) |
|---|---|---|
| DIFC Full Will | AED 10,000/- | AED 15,000/- |
| ADJD Will | AED 950/- | AED 1,900/- (AED 950/- per Will) |
| Dubai Notary Will | AED 2,000/- | AED 4,000/- (AED 2,000/- per Will) |
DIFC Courts fees are exempt from VAT. Amending a registered DIFC Will costs AED 550/- per Will, and a DIFC probate application costs USD 1,500/- (about AED 5,500/-).
Because ADJD and Dubai Notary Wills must be bilingual, certified legal translation is an additional cost on those routes.
Cost should not be the only consideration, as a lower registration fee is not a saving if the Will does not cover the assets that matter, or if it creates a dispute about which law applies.
Can a Muslim Expat Make a Will in the UAE?
A Muslim expatriate, in cases where the UAE Personal Status Law applies, and within one-third of the deceased’s estate after payment of funeral expenses and debts, can make a Will in the UAE, although the DIFC and the non-Muslim register in Dubai are not open to Muslim testators. Federal Decree-Law No. 41 of 2024 on Personal Status (the “Personal Status Law“) sets the default position, and nationals of countries outside the GCC can currently choose a different route through the ADJD.
The default: a Will under the Personal Status LawUnder the Personal Status Law, a Will can dispose of up to one-third of the estate, after funeral expenses and debts. Anything above one-third takes effect only if the heirs approve it, and the remaining two-thirds pass under the fixed inheritance shares. This is the only route open to nationals of GCC countries.
The alternative for non-GCC nationals: a civil Will with the ADJDMuslim expatriates who are not nationals of a GCC country can currently opt out of the default by having a civil Will drafted and registered with the ADJD, which allows the whole estate, rather than one-third, to be distributed under the Will. The Personal Status Law also provides that it applies to non-UAE citizens unless they insist on applying their own law or another law permitted in the UAE.
NOTE: The civil Will route reflects the ADJD’s position at the time of writing, and there is no certainty that it will remain the same in future, so anyone relying on it should take advice before registering the Will and have it reviewed if the position changes.
Next Steps
If you have no WillWithout one, your UAE estate is distributed under default rules you have not chosen, and in Dubai, local law applies to any real property you own there. Start by listing what you own in the UAE now and what you expect to acquire over the coming years, then choose the route that fits both, and have the Will drafted and registered.
If you have an existing Will made abroadA Will made outside the UAE is not on any UAE register, so in Dubai it can only be carried out after a court judgment, as explained above. A separate UAE Will, limited to your UAE assets and drafted so that it does not revoke your home-country Will, avoids that step and keeps the two documents from conflicting.
If you already have a UAE WillReview it whenever your circumstances change, including a marriage, a birth, a divorce, a property purchase or a change in your business, because a Will only deals with the assets and family it was written for. If your DIFC Will appoints a guardian, check that it still works as intended, as the DIFC now treats 18 years as the age of majority and its Guardianship Wills cover children under 18 years.
If you are a non-GCC Muslim expatriateIf you want your UAE estate to pass under your Will rather than in fixed shares, an ADJD civil Will may be open to you under the current position. As that position could change, take advice before relying on it, and have the Will reviewed if the rules move.
How We Can Help
We draft and register single and mirror Wills at the DIFC Courts, the ADJD and the Dubai Notary Public, prepare amendments to existing Wills, and assist families with probate and the transfer of estates.
At Al Midfa & Associates, we offer comprehensive services tailored to meet your needs, ensuring that your rights are protected at every step of the way. Please feel free to contact us.