Estate planning lawyer Dubai: how to write a will in Dubai

Writing a will in Dubai requires compliance with Federal Law No. 28 of 2005 on Personal Status and Dubai Law No. 15 of 2017 on the Administration of Non-Muslim Estates, which together govern the validity, registration and execution of testaments for expatriates and non-Muslim residents.

Related Services: Explore our Wills & Estate Planning and Muslim Wills services for practical legal support in this area.

WHAT ARE THE LEGAL REQUIREMENTS FOR A VALID WILL IN DUBAI UNDER UAE LAW?

A will is valid in Dubai if it is made by a person who is at least 21 years old, of sound mind and not under undue influence, and it is written, signed and witnessed in accordance with the formalities prescribed by Federal Law No. 28 of 2005, Article 13, and Dubai Law No. 15 of 2017, Article 4. The testator must declare the disposition of assets located in the UAE and may appoint an executor. The will must be in Arabic or accompanied by a certified Arabic translation; the Arabic text of UAE legislation as published in the Official Gazette prevails over any translation. Two adult witnesses who are not beneficiaries or spouses of beneficiaries must sign the document in the presence of the testator and each other. If the testator is a non-Muslim, the will may be registered with the Dubai Courts' Wills Registry for non-Muslims under Dubai Law No. 15 of 2017, Article 6, which provides a safe-keeping facility and facilitates probate. Failure to observe any of these formalities may render the testament void or subject to challenge under the Civil Transactions Law, Federal Law No. 5 of 1985, Article 247.

HOW DO I DRAFT THE CONTENT OF MY WILL TO REFLECT MY WISHES ACCURATELY?

The content of a will should begin with a clear identification of the testator, including full name, passport number, UAE residence visa details and date of birth. It must then contain a revocation clause stating that all previous wills and codicils are cancelled, as required by Federal Law No. 28 of 2005, Article 14. Subsequent clauses should list specific assets-such as bank accounts, real estate, motor vehicles, shares and personal effects-and designate the beneficiaries who will receive each item, specifying their full relationship and contact information. Residuary clauses should address any assets not expressly mentioned, directing them to a chosen heir or charitable organization. The testator may also appoint a guardian for minor children, an executor to administer the estate and, if desired, a trustee for any testamentary trust. Each appointment must be made expressly; the law does not imply default appointments. The document should conclude with the testator's signature, the date and the signatures of the two witnesses, together with their names, passport numbers and addresses. Any amendment after execution must be made by a codicil that satisfies the same formalities, or by executing a new will that expressly revokes the prior instrument.

WHAT STEPS MUST I TAKE TO REGISTER MY WILL WITH THE DUBAI COURTS?

Registration of a non-Muslim will is voluntary but strongly recommended because it creates a public record that simplifies probate. Under Dubai Law No. 15 of 2017, Article 6, the testator submits the original will, a copy of the passport, a copy of the UAE residence visa and a completed application form to the Wills Registry located at the Dubai Courts. The registry verifies the testator's capacity, the presence of witnesses and the conformity of the document with statutory requirements. Upon approval, the will is stored in a secure vault and a registration certificate is issued. The registration fee is prescribed by the Dubai Courts' Fee Schedule; as of the latest publication, the charge is AED 750 for the initial filing and AED 250 for each subsequent copy requested. The registry does not provide legal advice on the content of the will; it only confirms procedural compliance. If the testator wishes to amend a registered will, a new codicil or will must be submitted following the same procedure, and the registry will annotate the original record to reflect the change.

HOW DOES THE PROBATE PROCESS WORK FOR A WILL REGISTERED IN DUBAI?

Probate of a registered will commences when an interested party files an application for a succession certificate with the Dubai Courts' Personal Status Court, as stipulated by Federal Law No. 28 of 2005, Article 30. The applicant must present the death certificate, the original will (or a certified copy if the will is registered), the registration certificate and proof of relationship to the deceased. The court examines the will for validity, confirms that the formalities were satisfied and issues a succession certificate that empowers the named executor to gather assets, settle debts and distribute the estate. If the will is not registered, the applicant must submit the original instrument and witness affidavits; the court may require additional evidence to attest to authenticity. The duration of probate varies, but uncontested matters typically conclude within three to six months, whereas contested claims may extend beyond twelve months. Court fees are calculated as a percentage of the estate's value, ranging from 0.5 % to 3 % according to the Dubai Courts' Fee Schedule, and are payable before the issuance of the succession certificate.

WHAT ARE THE CONSEQUENCES OF DYING WITHOUT A WILL IN DUBAI?

When a person dies intestate, the distribution of assets follows the rules of intestate succession set out in Federal Law No. 28 of 2005, Articles 32-38, which apply differently to Muslims and non-Muslims. For non-Muslim expatriates, the law defaults to the civil law of the testator's home country, provided that the law does not conflict with UAE public order; otherwise, UAE law applies. The court identifies the legal heirs-spouse, children, parents and siblings-according to the hierarchy and allocates shares in fixed proportions. This process may result in outcomes that do not reflect the deceased's wishes, particularly concerning guardianship of minor children or the allocation of specific assets such as a family business. Moreover, intestate proceedings often take longer because the court must determine the applicable law, locate heirs and resolve potential disputes. Registering a will avoids these uncertainties and ensures that the testator's intentions are respected.

FREQUENTLY ASKED QUESTIONS

What law governs the will of a non-Muslim expatriate in Dubai?
The will of a non-Muslim expatriate is governed by Federal Law No. 28 of 2005 on Personal Status and Dubai Law No. 15 of 2017 on the Administration of Non-Muslim Estates. The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

Can I appoint a foreign lawyer as the executor of my Dubai will?
Yes, you may appoint any competent adult as executor, including a foreign lawyer, provided the person accepts the role and is not a beneficiary or spouse of a beneficiary. The appointment must be expressed clearly in the will, and the executor must obtain a succession certificate from the Dubai Courts to act.

Is it mandatory to register my will with the Dubai Courts?
Registration is not mandatory under Dubai Law No. 15 of 2017, but it is highly recommended because it creates a public record, simplifies probate and reduces the risk of loss or contestation. The procedure and fees are outlined in the Dubai Courts' Fee Schedule.

What documents are required to register a will in Dubai?
To register a will, you must submit the original will, a copy of your passport, a copy of your UAE residence visa, a completed application form and the identification details of the two witnesses. The registry may also request a certified Arabic translation if the will is in another language.

How much does it cost to probate a will in Dubai?
Probate costs consist of court fees, which are a percentage of the estate's value (typically between 0.5 % and 3 %), and any administrative charges for obtaining the succession certificate. The exact amount is determined by the Dubai Courts' Fee Schedule at the time of filing.

Can I change my will after it has been registered?
Yes, you may amend a registered will by executing a codicil or a new will that satisfies the same formalities. The amended instrument must be submitted to the Wills Registry, which will annotate the original record to reflect the change. The revocation clause in the new document must expressly cancel the prior will.

If your matter involves how to write a will in Dubai: the legal steps to ensure your wishes are carried out after death 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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