Expatriates in the UAE Must Register a Will to Protect Their Assets

Expatriates in the UAE should have a UAE-registered will to ensure their assets are distributed according to personal wishes, as default Sharia succession rules otherwise apply; the governing framework is Dubai Law No. 15 of 2017 on the Administration of Estates and Implementation of Wills of Non-Muslims, which allows electing home-country law for Dubai-situated property.

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WHAT HAPPENS TO AN EXPAT'S ASSETS IF THEY DIE WITHOUT A WILL IN THE UAE?

When an expatriate passes away intestate (without a valid will), the UAE courts first look to Federal Decree-Law No. 5 of 1985 (the Civil Code) to determine which law governs the estate. Article 17 of the Civil Code permits a deceased foreign national to elect the law of their nationality for the distribution of movable assets, but immovable property-such as real estate located in the UAE-remains subject to the UAE's personal status rules unless a specific exception applies.

In Dubai, non-Muslim expatriates may opt into Dubai Law No. (15) of 2017, which expressly allows a will registered with the Dubai Courts to govern the estate of non-Muslim assets. If no such will exists, the court applies the default rules derived from Sharia principles. These rules allocate fixed shares to heirs (e.g., spouse, children, parents) that may not reflect the deceased's intentions. The process can also be prolonged because the court must first ascertain the applicable law, identify legal heirs, and issue a succession certificate before any transfer of property, bank accounts, or company shares can occur.

HOW DOES A UAE WILL PROTECT AN EXPAT'S PROPERTY AND FINANCIAL HOLDINGS?

A will that is drafted, witnessed, notarised, and registered under Dubai Law No. (15) of 2017 provides several layers of protection:

1. Clear beneficiary designation - The testator can name specific individuals or entities to receive freehold property, bank balances, investment portfolios, and shares in UAE-registered companies.
2. Legal recognition by governmental bodies - Once registered, the will is entered into the Dubai Courts' Wills Registry for non-Muslims. The Dubai Land Department recognises the registered will for the transfer of title deeds, banks accept it for the release of funds, and the Ministry of Economy relies on it for the transfer of corporate shares.
3. Avoidance of Sharia-based succession certificates - Heirs are not required to obtain a succession certificate under Sharia rules, which can be time-consuming and may involve additional court fees.
4. Cross-border clarity - By including an election clause that selects the law of the testator's home country, the will reduces the risk of conflicting foreign judgments and simplifies probate proceedings in other jurisdictions.

WHAT STEPS ARE REQUIRED TO DRAFT AND REGISTER A WILL FOR EXPATRIATES IN DUBAI?

The process is methodical and typically spans two to four weeks, depending on the complexity of the estate and the availability of court appointments.

1. Initial consultation - Meet with a lawyer who specialises in UAE inheritance law to catalogue all UAE-based assets (real estate, bank accounts, securities, company interests) and to discuss any offshore holdings that may affect the will's scope.
2. Drafting the will - The lawyer prepares a document that satisfies the formal requirements of Dubai Law No. (15) of 2017: it must be in writing, signed by the testator, and witnessed by two adults who are not beneficiaries. The draft includes a clear statement of the testator's nationality, religion, and, if desired, an election of the home country's law under Article 17 of the Civil Code.
3. Witnessing and notarisation - The testator signs the will in the presence of the two witnesses. The signed document is then presented to a Notary Public in Dubai, who verifies the identities of the signatories and affixes the notarial seal.
4. Registration with the Dubai Courts - The notarised will is submitted to the Wills Registry for non-Muslims. The registry records the will, assigns a unique registration number, and issues a certified copy.
5. Safekeeping and distribution of copies - The original registered will is retained by the testator or their legal counsel. Certified copies are provided to the appointed executor, financial institutions, and any other parties that may need to act upon the will after the testator's death.

Fees consist of the lawyer's professional charges (which vary according to the firm and the estate's complexity), notarisation fees (generally AED 500-AED 1,000), and a registration fee payable to the Dubai Courts of AED 2,000.

CAN AN EXPATRIATE USE A WILL DRAFTED IN THEIR HOME COUNTRY INSTEAD OF A UAE WILL?

A foreign-drafted will may be recognised in the UAE if it undergoes authentication, translation into Arabic, and attestation by the UAE Ministry of Foreign Affairs and the relevant embassy. However, UAE courts will still apply Sharia-based rules to assets situated within the Emirates unless the will complies with the substantive and procedural requirements of Dubai Law No. (15) of 2017.

For immovable property, bank accounts, and shares in UAE-registered companies, a locally registered will offers stronger legal certainty because it is directly recognised by the entities that control those assets (Land Department, banks, Ministry of Economy). Relying solely on a foreign will increases the risk of challenges based on conflicting legal principles and may necessitate additional court proceedings to obtain a succession certificate or to prove the will's validity under UAE law.

FREQUENTLY ASKED QUESTIONS

What legal framework governs wills for non-Muslim expatriates in Dubai?
Dubai Law No. (15) of 2017 concerning the Administration of Estates and Implementation of Wills of Non-Muslims is the primary statute that governs wills for non-Muslim expatriates in Dubai. It permits the testator to elect the law of their home country for the distribution of UAE-based assets and sets out the formal requirements for validity.

Is it mandatory to register a will with the Dubai Courts?
Registration is not a strict prerequisite for a will to be considered valid under UAE law. However, registration provides evidentiary proof of the will's existence and content, and it facilitates recognition by governmental authorities such as the Dubai Land Department, banks, and the Ministry of Economy. Unregistered wills may still be enforced, but the process often requires additional steps to prove authenticity.

How much does it typically cost to draft and register a will in Dubai?
Legal drafting fees differ between firms and depend on the estate's complexity. Notarisation costs generally fall within the range of AED 500 to AED 1,000. The Dubai Courts charge a fixed registration fee of AED 2,000 for wills entered into the non-Muslim Wills Registry.

Can an expatriate change or revoke a UAE-registered will after it is filed?
Yes. A testator may revoke or amend an existing registered will by executing a new will that expressly states the revocation of the prior document. The new will must meet the same formal requirements (writing, witnessing, notarisation) and must be registered with the Dubai Courts to supersede the earlier version.

What happens to jointly owned property if one co-owner dies without a will?
Jointly owned property typically passes to the surviving co-owner(s) by right of survivorship, unless the deceased's share is subject to separate succession rules. A registered will can clarify the deceased's intended share of the jointly held asset, thereby preventing ambiguity and potential disputes among the surviving owners.

Are there any restrictions on who can be named as a beneficiary in a UAE will?
Dubai Law No. (15) of 2017 does not impose nationality or residency restrictions on beneficiaries, provided the will satisfies the formal requirements of writing, witnessing, and registration. Consequently, an expatriate may name family members, friends, charities, or corporate entities located anywhere in the world as beneficiaries.

References

[1] Federal Decree-Law No. 5 of 1985 Issuing the Civil Code, Article 17 (UAE).
[2] Law No. (15) of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai.

Note: The firm's standard wording will be added after this article.

If your matter involves do expats need a will in in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

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