UAE Wills & Estate Planning: A Complete Guide for Residents & Expatriates

Key facts

The Legal Framework

The UAE's inheritance system for non-Muslims is governed by three interlocking legislative layers. At the federal level: Decree-Law No. 41 of 2022 (opting out of Sharia distribution), Decree-Law No. 41 of 2024 (harmonisation across emirates, in force 15 April 2025), and Decree-Law No. 51 of 2024 (Waqf transfer risk, effective 1 January 2026). At the emirate level, Dubai Law No. 15 of 2017 and Dubai Law No. 2 of 2025 govern DIFC Courts' exclusive jurisdiction, while Abu Dhabi Law No. 14 of 2021 pioneered the civil personal status framework.

• Without a will, default rules apply: 50% to spouse, 50% divided equally among children regardless of gender.
• If no identifiable heirs exist, assets may be transferred to state Waqf under the 2024 decree.
• Non-Muslim expatriates may elect to have home country law apply — but this must be formally documented and registered.

Why You Need a Will in the UAE

A registered will is essential if you own real estate, hold bank accounts, have minor children, own business shares, or want to distribute assets differently from the 50/50 default. Without one, all bank accounts are frozen immediately — including joint accounts — and probate can take months.

• Joint accounts are frozen; the UAE does not recognise right of survivorship.
• Courts appoint guardians for minors, potentially conflicting with your wishes.
• Probate proceedings without a will are conducted entirely in Arabic.
• From 1 January 2026, heirless intestate expats risk permanent Waqf transfer.

Types of Wills Available

Depending on your assets and situation, you can register one or more types: Full Will (all UAE assets), Property Will (real estate only), Guardianship Will (minor children custody), Financial Assets Will (bank accounts and investments), Mirror Wills (reciprocal spousal wills at reduced fees), and Digital Assets Will (DIFC only — crypto, NFTs, online accounts).

Where to Register: DIFC vs ADJD vs Dubai Courts

DIFC Wills Service operates under common law (English), costs AED 10,000 government fee, and offers direct enforcement via DIFC Courts for Dubai assets. ADJD is the best-value option at AED 950, valid across all seven emirates with a fully online process. Dubai Courts charge AED 2,167 but proceedings are in Arabic only. For most residents, ADJD delivers comprehensive coverage at less than 15% of the DIFC cost.

• DIFC: Best for Dubai-heavy portfolios, complex estates, English-language common law framework.
• ADJD: Best value, all-UAE coverage, fully online — suitable for most residents.
• Dubai Courts: Simpler structures, Arabic speakers, lower cost than DIFC.
• ADGM Courts: Abu Dhabi-focused, common law, similar pricing to ADJD.

How to Create Your UAE Will — Step by Step

The process follows seven clear steps: inventory your UAE and global assets, define beneficiaries with full legal details, appoint an executor (ideally UAE-resident), appoint guardians for minor children, choose your registry, draft and register with a qualified legal practitioner, and store your certificate securely while communicating its location to your executor.

• List all assets with title deed numbers, account details, and business shareholdings.
• Name primary and backup beneficiaries with passport details and nationality.
• Confirm your executor's consent before naming them.
• Schedule annual reviews or trigger a review after any major life event.

Key Considerations for UAE Residents

Bank accounts are frozen immediately on death — maintain a separate emergency fund. Business shares may be frozen without a succession plan. Property transfers require a probate order before the Land Department acts. Without a guardianship clause, courts may default to Sharia-based custody rules. A UAE will does not govern overseas assets; you may need separate wills in each jurisdiction.

• Joint bank accounts do not pass automatically to the surviving holder.
• Consider placing business shares in a trust or holding structure.
• UK property is governed by English law regardless of your UAE will.
• Home country law election must be formally documented to apply.

Common mistakes to avoid

Frequently asked questions

Sources & references

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