Challenging a Will in the UAE: Legal Grounds and Process

Challenging a Will in the UAE: Legal Grounds and Process (2025 Update)

The United Arab Emirates (UAE) has rapidly developed its legal landscape, particularly on personal status and inheritance matters. For expatriates and citizens alike, understanding how to challenge a will in the UAE is crucial for protecting legitimate inheritance rights and making sure the deceased's true intentions are honoured.

As of 2025, the legal framework is more complex, and more accommodating, than ever. The main reason is Federal Decree-Law No. 41 of 2022 on Civil Personal Status, which significantly reformed how personal law applies to non-Muslims.

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This guide sets out the legal grounds and the procedural steps for contesting a will in the UAE. It covers the distinct jurisdictions of the local courts, the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).

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The Dual Legal Landscape of Inheritance in the UAE

Inheritance law in the UAE rests on a dual system that distinguishes between Muslims and non-Muslims. This distinction is paramount when considering a will challenge.

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1. Inheritance for Muslims

For UAE citizens and expatriates who are Muslim, the default position is that inheritance is governed by Sharia Law (Islamic Law), specifically the principles of Fiqh.

A Muslim's will (Wasiyya) is restricted. The testator can only bequeath up to one-third (1/3) of their estate to non-legal heirs. The remaining two-thirds (2/3) must be distributed according to the mandatory Sharia shares (Faraid).

Grounds for Challenging a Muslim's Will:

A challenge to a Muslim's will typically centres on whether it complies with Sharia principles:

• Exceeding the One-Third Limit: The most common ground is that the will attempts to bequeath more than one-third of the estate to non-legal heirs without the consent of the mandatory heirs. The will would be invalid to the extent it exceeds this limit.
• Exclusion of Mandatory Heirs: A will cannot be used to completely disinherit a mandatory Sharia heir (e.g., spouse, children, parents). A challenge can be raised to enforce the mandatory shares.
• Formal Validity: As with any will, challenges can be raised about its formal execution, such as the will not being properly notarised or registered with the relevant UAE authority.

2. Inheritance for Non-Muslims (Post-2022 Reforms)

For non-Muslims, the law was fundamentally reshaped by Federal Decree-Law No. 41 of 2022 (and subsequent amendments/enactments in 2024/2025). It applies to non-Muslim UAE citizens and foreign residents.

The core principle of this law is the freedom of testamentary disposition. Article 11 grants non-Muslims the right to choose the law of their home country to govern the distribution of their estate in the UAE.

If a non-Muslim has a valid will, the UAE courts will generally honour it, provided it complies with the formal requirements of the chosen law or the local registration requirements.

Grounds for Challenging a Non-Muslim's Will:

For non-Muslims, a challenge is more likely to focus on the will's validity under the chosen law or on its proper execution:

• Choice of Law Conflict: If the will attempts to apply a foreign law, a challenge could argue that the choice of law is invalid, or that the will does not comply with the formal requirements of that foreign law.
• Formal Invalidity: The will was not properly executed, witnessed or notarised according to the requirements of the jurisdiction under which it was drafted (e.g., DIFC, ADGM, or a foreign country's law).
• Public Order and Morality: While rare, a will could be challenged if its provisions are deemed to violate the public order or morality of the UAE.

Universal Legal Grounds for Contesting a Will in the UAE

Whatever the testator's religion or the jurisdiction (local, DIFC or ADGM), there are universal grounds for challenging the validity of the document itself. These grounds are common in estate litigation worldwide and are recognised in the UAE's legal system.

Legal ground	Description	Evidence required
Lack of Testamentary Capacity	The testator did not have the requisite mental capacity to understand the nature and effect of the will at the time of signing. This is often due to illness, dementia or severe mental impairment.	Medical records, doctor's reports, and witness testimony about the testator's state of mind.
Undue Influence or Coercion	A third party pressured, manipulated or coerced the testator into making provisions in the will that they would not otherwise have made.	Evidence of a dependent relationship, sudden changes in the will, and testimony of isolation or control over the testator.
Fraud or Forgery	The will is not genuine. This includes claims that the testator's signature was forged or that the testator was misled about the contents of the document they were signing.	Forensic handwriting analysis, witness testimony, and evidence of misrepresentation.
Improper Execution	The will fails to meet the strict legal formalities required for its execution, such as the number of witnesses, their presence during signing, or proper notarisation or registration.	A review of the execution documents and witness statements against the governing law's requirements.

Expert Legal Guidance is Essential: Challenging a will is a complex legal process. It requires a deep understanding of both UAE Federal Law and the specific rules of the various financial free zones. At Nour Attorneys, our specialised Inheritance Dispute Lawyers are equipped to analyse the will, identify valid grounds for a challenge, and represent your interests across all UAE jurisdictions. Contact Nour Attorneys to consult a specialist on challenging a will in the UAE.

For professional legal guidance, see our courts and litigation services, ADGM Courts services and corporate governance advisory service pages.

The Process of Challenging a Will in UAE Courts

The procedural path for challenging a will depends heavily on where the will was registered and which court has jurisdiction.

1. Local UAE Courts (Dubai, Abu Dhabi, etc.)

For wills registered with the local Notary Public, or for estates that fall under the general jurisdiction of the UAE courts, the challenge process is as follows:

• Filing the Claim: The challenger (usually an heir or beneficiary) must file a case with the Court of First Instance in the relevant Emirate (e.g., Dubai Courts, Abu Dhabi Courts). The claim must clearly state the legal grounds for the challenge (e.g., forgery, lack of capacity).
• Evidence Submission: Comprehensive evidence must be submitted to support the claim. In cases of forgery, the court may appoint a forensic expert to examine the document. In cases of capacity, medical reports are crucial.
• Mediation and Reconciliation: The UAE legal system strongly encourages amicable settlement. The case may be referred to a Reconciliation and Settlement Committee before it proceeds to a full court hearing.
• Judgment and Appeal: If the court finds the challenge valid, it will issue a judgment declaring the will, or parts of it, null and void. The judgment can be appealed to the Court of Appeal and then to the Court of Cassation.

2. Challenging a DIFC Will

The Dubai International Financial Centre (DIFC) Wills Service Centre allows non-Muslims to register a will that covers their UAE assets, providing a common law framework. Challenges to a DIFC will are heard by the DIFC Courts.

• Jurisdiction: The DIFC Courts have exclusive jurisdiction over challenges to DIFC-registered wills.
• Procedure: A claim is filed with the DIFC Courts. The procedure is based on common law principles, which are generally more familiar to international expatriates. The grounds for challenge (lack of capacity, undue influence, etc.) are rigorously examined under DIFC law.
• No Grant of Probate During a Dispute: The DIFC Courts will not issue a Grant of Probate (the legal document confirming the will's validity and the executor's authority) while there is an ongoing dispute about the will's validity.
• Enforcement: Once the DIFC Courts issue a final order, it must be enforced by the local Dubai Courts through a simple execution process.

3. Challenging an ADGM Will

The Abu Dhabi Global Market (ADGM) Registration Authority also offers a will registration service for non-Muslims. Challenges to an ADGM will are heard by the ADGM Courts.

• Jurisdiction: The ADGM Courts have jurisdiction over challenges to ADGM-registered wills.
• Procedure: Like the DIFC Courts, the ADGM Courts operate under a common law framework. The challenge procedure is set out in the ADGM Court Procedure Rules.
• Key Difference: While the ADGM provides a robust legal framework, the challenge process and the probate process that follows have their own specific rules, which must be strictly followed.

The Role of Federal Decree-Law No. 41 of 2022 in Will Challenges

Federal Decree-Law No. 41 of 2022 has a profound impact on will challenges for non-Muslims, because it reinforces the principle of party autonomy.

Article 11 (3) of the Decree-Law is particularly relevant:

"The provisions of the will of a foreigner shall be applied to the inheritance of his property in the State, unless the will contradicts the public order and morality of the State."

This means that if a non-Muslim has a valid will, the challenger must first prove that the will is invalid under the law the testator chose (often their home country's law), or that it violates UAE public order. This makes a well-drafted non-Muslim will significantly harder to challenge, because the grounds for challenge are narrower.

Implications for Non-Muslims:

• Increased Certainty: The law gives greater certainty that a non-Muslim's wishes, as expressed in a will, will be respected.
• Focus on Formalities: Challenges are more likely to focus on the technical and formal aspects of the will's execution than on the substantive distribution of assets.
• Importance of Registration: Registering a will with a recognised authority (Notary Public, DIFC or ADGM) cannot be overstated. Registration solidifies the testator's choice of law and minimises the risk of a successful challenge based on the application of Sharia law.

Practical Considerations Before Challenging a Will

Before starting a challenge, potential challengers must carry out a thorough legal assessment. Success depends on careful preparation and sound legal representation.

1. Preliminary Assessment

• Identify the Governing Law: Determine whether the will is governed by Sharia Law, UAE Civil Law, DIFC/ADGM regulations, or a foreign national law. This determines the grounds available for a challenge.
• Gather Evidence: Collect all necessary documents, including the will itself, medical records, financial statements, and witness contact details.
• Jurisdiction: Confirm the correct court or tribunal (Local Courts, DIFC Courts or ADGM Courts) for filing the challenge. Filing in the wrong jurisdiction will lead to delays and dismissal.

2. Cost and Time

Will challenges are often lengthy and costly. The challenger must be prepared for:

• Legal Fees: Fees for specialised inheritance dispute lawyers, court filing fees, and expert witness costs (e.g., forensic accountants, medical experts).
• Timeframe: Depending on the complexity and the jurisdiction, a challenge can take many months, or even years, to resolve, especially if appeals are lodged.

Protecting Your Inheritance Rights: Whether you are an heir seeking to challenge a suspicious will or an executor defending a valid one, the stakes are high. Nour Attorneys provides robust representation in all inheritance disputes, whether defending or bringing a claim. Our expertise covers Sharia, Civil and Common Law jurisdictions in the UAE. Read our guide to inheritance disputes and litigation in the UAE.

Conclusion: Challenging a Will in the UAE

Challenging a will in the UAE is a serious undertaking that requires a precise understanding of the country's evolving legal framework. The reforms of 2022/2025 have given non-Muslims greater clarity and autonomy, but the process remains legally demanding.

A successful challenge depends on establishing a clear, legally recognised ground, such as lack of capacity, undue influence or forgery, and presenting compelling evidence to the correct judicial authority. Given the high value of the assets often involved and the complexity of the multi-jurisdictional system, expert legal counsel is not merely advisable; it is essential.

If you are facing an inheritance dispute or considering challenging the validity of a will in the UAE, the critical first step towards a favourable outcome is engaging a firm with local knowledge and international expertise.

Related Services: Explore our wills and estate planning services and private notary services for practical legal support in this area.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Readers should seek professional legal advice tailored to their specific circumstances before making any decisions or taking any action based on the content of this article.

Nour Attorneys Team

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