Federal Decree-Law No. 5 of 2020 and Wills for Non-Muslims in the UAE

Federal Decree-Law No. 5 of 2020, the UAE's civil transactions law, enables non-Muslim residents to register a will-through the DIFC Wills Service or other recognised channels-so their assets are distributed per personal wishes rather than default Sharia inheritance rules.

Related Services: Explore our Consumer Protection Disputes and Muslim Wills services for practical legal support in this area.

WHAT ARE THE LEGAL CONDITIONS FOR A NON-MUSLIM TO MAKE A VALID WILL IN THE UAE?

A non-Muslim may create a valid will in the UAE if the testator is at least 21 years old, of sound mind, and the will is made voluntarily without duress or undue influence. The will must be in writing, signed by the testator in the presence of two adult witnesses who are not beneficiaries, and it must clearly identify the assets to be disposed of and the beneficiaries. Under Federal Decree-Law No. 5 of 2020, the will can be registered with the DIFC Wills Service for non-Muslims, which gives it direct enforceability in UAE courts, or it can be notarised before a UAE notary public and then submitted to the relevant court for probate. The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

HOW DOES FEDERAL DECREE-LAW NO. 5 OF 2020 AFFECT INHERITANCE FOR NON-MUSLIMS?

Federal Decree-Law No. 5 of 2020 preserves the principle that UAE nationals and Muslims are subject to Sharia inheritance unless they opt out via a registered will. For non-Muslims, the law expressly permits the application of the testator's personal law or the law of their nationality concerning succession, provided the will is properly executed and registered. This means that, unlike the default rule that would distribute assets according to Sharia shares, a validly registered will allows the testator to designate heirs, allocate specific assets, and even appoint guardians for minor children in accordance with their wishes. The law also confirms that a will registered with the DIFC Wills Service has the same legal effect as a court judgment, enabling swift enforcement without the need for lengthy probate proceedings.

WHAT DOCUMENTS ARE REQUIRED TO REGISTER A WILL WITH THE DIFC WILLS SERVICE?

To register a will with the DIFC Wills Service, the testator must submit a completed will form, a copy of their valid passport and Emirates ID, proof of residence in the UAE (such as a tenancy contract or utility bill), and a recent passport-size photograph. If the will includes immovable property located outside the DIFC, additional documentation proving ownership or title may be required. The testator must appear in person before a DIFC Wills Service officer to sign the will in the presence of two witnesses, who must also provide identification. There is no statutory fee prescribed by Federal Decree-Law No. 5 of 2020 for the registration itself; however, the DIFC Wills Service charges an administrative fee that is published on its website and subject to change.

HOW LONG DOES THE PROBATE PROCESS TAKE FOR A WILL REGISTERED UNDER FEDERAL DECREE-LAW NO. 5 OF 2020?

When a will is registered with the DIFC Wills Service, the probate process is streamlined: the DIFC Courts can issue a grant of probate within five to ten working days after receiving the application, provided all documents are in order and no objections are raised. If the will is notarised outside the DIFC and submitted to a UAE civil court, the timeline can extend to several weeks or months, depending on the court's workload and whether any interested parties contest the will. Federal Decree-Law No. 5 of 2020 does not prescribe a fixed period, but the DIFC Courts' Practice Direction on Wills and Probate outlines the expected service standards.

WHAT HAPPENS IF A NON-MUSLIM DIES WITHOUT A WILL IN THE UAE?

In the absence of a valid will, the estate of a non-Muslim deceased is distributed according to the provisions of Federal Decree-Law No. 5 of 2020 read alongside the UAE Personal Status Law (Federal Decree-Law No. 28 of 2005) as it applies to non-Muslims. The law defaults to the civil rules of succession, which generally allocate the estate to the surviving spouse, children, parents, and other relatives in prescribed shares. However, because the deceased is non-Muslim, the court may apply the law of the testator's nationality if it is proven and does not conflict with UAE public order. This can lead to outcomes that differ from the testator's intentions, underscoring the importance of executing a registered will.

CAN A WILL MADE ABROAD BE RECOGNISED IN THE UAE UNDER FEDERAL DECREE-LAW NO. 5 OF 2020?

A will executed outside the UAE may be recognised if it meets the formal requirements of the jurisdiction where it was made and does not violate UAE public order or morality. To enforce such a foreign will, the interested party must apply to the UAE courts for recognition, submitting the original will, a certified translation into Arabic, and proof of the testator's domicile or nationality at the time of death. Federal Decree-Law No. 5 of 2020 allows the court to apply the foreign law governing the will, provided it is not contrary to UAE law. The process can be lengthy, and the court may require additional evidence, such as expert testimony on the foreign law's validity.

WHAT ARE THE COSTS INVOLVED IN DRAFTING AND REGISTERING A WILL FOR NON-MUSLIMS IN THE UAE?

Costs vary depending on the chosen route. Engaging a lawyer to draft a will typically ranges from AED 5,000 to AED 15,000, based on the complexity of the estate and the need for bespoke clauses such as guardianship or trust provisions. Registration with the DIFC Wills Service incurs an administrative fee of approximately AED 2,500 for a standard will, with additional charges for amendments or supplementary documents. Notarisation before a UAE notary public costs around AED 500 to AED 1,000, plus any court fees for probate, which are calculated as a percentage of the estate's value under the UAE Court Fees Law. Federal Decree-Law No. 5 of 2020 does not set these fees; they are determined by the relevant service providers and courts.

FREQUENTLY ASKED QUESTIONS

What is the minimum age to make a will under Federal Decree-Law No. 5 of 2020?
The testator must be at least 21 years old. The law requires the testator to have full legal capacity, which is attained at this age unless a court has previously declared incapacity.

Can a non-Muslim appoint a guardian for minor children in their will?
Yes. Federal Decree-Law No. 5 of 2020 permits a testator to designate a guardian for minor children, provided the appointment is clear and does not conflict with UAE public order. The DIFC Wills Service will record the guardianship direction, and the courts will give effect to it unless the appointed guardian is deemed unsuitable.

Is it necessary to translate the will into Arabic for it to be valid in the UAE?
If the will is registered with the DIFC Wills Service, the language of the document can be English, as the DIFC Courts accept wills in English. However, if the will is submitted to a UAE civil court for probate, an Arabic translation certified by a licensed translator is required, because the Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

Can a will be revoked or amended after registration?
A registered will can be revoked or amended by executing a new will that expressly revokes the previous one, or by submitting a formal amendment to the DIFC Wills Service. Federal Decree-Law No. 5 of 2020 treats a later will as superseding an earlier one, provided the revocation is clear and the new will meets all formal requirements.

Does Federal Decree-Law No. 5 of 2020 apply to wills made by Muslims?
No. For Muslims, the default inheritance regime is Sharia, and a will can only dispose of up to one-third of the estate unless the heirs consent to a larger disposition. Federal Decree-Law No. 5 of 2020 does not alter this rule; it primarily facilitates the opt-out mechanism for non-Muslims.

What happens if a beneficiary named in the will predeceases the testator?
Unless the will contains a substitution clause, the share intended for the predeceased beneficiary falls into the residue of the estate and is distributed according to the remaining provisions of the will or, if none, under the default succession rules. Federal Decree-Law No. 5 of 2020 does not automatically redirect the gift; the testator must anticipate such events in the drafting stage.

This article provides general information about the legal framework for non-Muslim wills in the UAE under Federal Decree-Law No. 5 of 2020. It does not constitute legal advice for any specific situation.

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