A will is one of the most crucial documents of an individual’s life. This is because it determines how your assets and property that you have acquired through your life are going to be handled after you cease to exist in the world. By virtue of its significance, the document needs to be prepared and executed with the highest degree of accuracy, legal compliance, and procedural care. Even a single error can render the will invalid and unenforceable.

The UAE has a comprehensive legal framework for dealing with personal inheritance and succession. The law differs significantly for Muslims and Non-Muslims. There is a dual legal system in the UAE based on Sharia and Civil Law. Therefore, the rules for wills and inheritance will depend upon the religion of the deceased person.^[1] We also must understand that merely drafting a will is not sufficient. You must register it to ensure its executability.

To ensure you don’t miss any crucial requirements, read till the end of this guide. If you want expert guidance and a legally sound Will that truly protects your family, speak to Khalifa Bin Huwaidan Advocates and Legal Consultants today. Our team can draft, review, and register your Will with full compliance under UAE law, ensuring your wishes are honored without complications!

Why is it Necessary to Register Wills in the UAE?

Registration of wills is not just a legal formality; rather, it is a crucial step to ensure that your assets and property are disbursed in the way you intend them to be. This is highly significant, especially for Non-Muslims in the UAE^[2]. In the absence of a registered will, the UAE Courts apply the default provisions of the personal status law of the person’s home country, which may lead to outcomes that are different from your wishes. By having a registered will, you can have several benefits, such as:

• Choosing the law of your personal preference;
• Preventing automatic bank account freezing;
• Securing guardianship of your children;
• Reducing family disputes;
• Protecting your assets and ensuring smooth transfer;
• Avoiding cross-border conflicts of law^[3], etc.

In light of the above, the next step is to examine the steps you need to take to successfully register your will.

Step-by-Step Guide to Registering a Will in the UAE

The registration procedure involves a series of steps that one must follow carefully. From choosing the applicable law to the registration authority, every step requires precision and accuracy. The exact procedure may differ depending upon the choices made by the individual. However, the general requirements remain the same.

Step 1: Identify and list all your assets

The first step is to determine the subject matter of the will, i.e., the assets and the properties you wish to pass on. This is a crucial step as it ensures proper distribution and avoids future disputes. Therefore, one must start by compiling a detailed list of all the inventory of your assets^[4]. These assets can be based in UAE or abroad and include:

• Real Estate;
• Bank Accounts and Fixed Deposits;
• Investments;
• Company shares and securities;
• Vehicles;
• Artifacts;
• Personal valuables;
• Digital assets;
• Insurance policies, etc.

This list is not exhaustive and can include anything that is transferable from the deceased to the other person.

Step 2: Choose your beneficiaries

The next step is to choose who will inherit your assets. It can be a single person or multiple persons depending on your choice. This step differs slightly for Muslims and Non-Muslims.

This is because Muslims are required to comply with the inheritance rules under UAE Personal Status Law unless registering a Sharia-Compliant will. The UAE Personal Status Law (Federal Law No. 28 of 2005) determines the mandatory shares for each legal heir, such as spouse, children and parents.  Therefore, the testamentary freedom of Muslims must comply with the Sharia based inheritance principles.

On the other hand, non-Muslims can distribute their assets freely. They can enlist extended family, non-family members, and even donate to charities.

Step 3: Make your choice of Law

This is one of the most significant steps as it can change the entire course of one’s will. The choice depends on how the testator wishes to disburse his/her assets. The choice of law will determine the distribution of your estate, resolution of disputes. This is a critical decision especially for non-Muslims, who may choose between the application of UAE law or the law of their home-country.

UAE law is applicable on both Muslims and non-Muslims depending upon the choice of the authority, which is discussed below. Non-Muslims can also elect for the application of the law of their home-country to their will.

Step 4: Appoint an Executor

The Executor is the person who will administer the estate mentioned in the will after the testator’s death. The executor must be a trustworthy person who can rightfully honor the testator’s wishes. Additionally, the executor should be above 21 years of age, ideally residing in the UAE and capable of handling legal and financial matters.

It is preferable to appoint professionals like Khalifa Bin Huwaidan Advocates and Legal Consultants who have relevant experience and are well-versed in the field to ensure proper execution.

Step 5: Appoint guardians for minors (if applicable)

If the testator has minor children, he/she should ideally appoint either permanent or interim guardians for their children. In the absence of this decision, the courts announce the guardians as per the law which may not be consistent with the testator’s wishes and preferences.

Steps 6: Make a choice of registering authority

There are three major registering authorities in the UAE: the DIFC Wills Centre, Abu Dhabi Judicial Department (ADJD), and the Local Courts in Dubai, Sharjah, Ras-Al-Khaimah etc. Making a choice between these authorities depends on your religion, needs and preferred law. For example:

1. The DIFC Wills Centre is for non-Muslims only. It follows an English common law framework and recognizes the home-country law of the testator. It is the most popular choice among expatriates.
2. The ADJD is for both Muslims and Non-Muslims. It accepts English as well as Arabic wills and is considered a cost-effective venue^[5].
3. The Local Courts deal with Arabic wills that are aligned with UAE Personal Status Law and Sharia-compliant.

This choice needs to be made meticulously as it affects language, fees, recognition and probate procedures.

Step 7: Complete drafting formalities

Drafting your will is the most significant step. Even a minor discrepancy or non-compliance can make it invalid. Therefore, it should be drafted by professionals who have the requisite experience and knowledge. The will must comply with the drafting rules of the registering authority that the testator has chosen. Each authority has different drafting rules on language requirements, witness rule, guardianship clauses, asset distribution structure which need to be strictly followed while drafting the will^[6].

Step 8: Execute and Register the Will

The final step is making your will executable by registering it with the authority you have chosen. This involves:

• Uploading the will on the registering authority’s portal;
• Booking a signing appointment that can either be in-person or virtual;
• Signing the will in the presence of the registrar;
• Paying the registration fee; and
• Receiving and officially registered copy of the will.

This process will give the will legal standing before the UAE Courts.

Final Step: Consult Expert Will-Registration Lawyers in the UAE!

The last and most crucial step is engaging qualified legal professionals to draft and register your Will correctly. Trusted firms like Khalifa Bin Huwaidan Advocates and Legal Consultants ensure your Will is fully compliant, enforceable, and aligned with UAE laws. Protect your assets and secure your family’s future-speak with experienced Will-registration lawyers today.

[1] Federal Law No 28 of 2005 (Personal Status Law)

[2] Federal Decree-Law No 41 of 2022 (On Civil Personal Status for Non-Muslims)

[3] Federal Law No 5 of 1985 (UAE Civil Transactions Law), art 17

[4] DIFC Courts Wills Service, ‘Full Will’ (DIFC Courts)

[5] Abu Dhabi Law No 14 of 2021 (Civil Personal Status for Non-Muslims).

[6] Dubai Courts Notary Public Regulations for Wills