Wills and Probate in Dubai: Drafting, Execution and Estate

Creating a valid will under UAE law involves drafting the document in accordance with Federal Decree-Law No. 5 of 2020 on Civil Transactions, having it notarised by a private notary, and registering it with the Dubai Courts; probate follows the court-supervised process of validating the will, identifying assets, settling debts, and distributing the estate to heirs, with a lawyer guiding each step to ensure compliance and minimise disputes.

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

WHAT ARE THE LEGAL REQUIREMENTS FOR A WILL TO BE VALID IN DUBAI?

A will is valid when the testator is at least 21 years old, of sound mind, and signs the document in the presence of two adult witnesses who are not beneficiaries; the will must then be notarised by a licensed private notary in Dubai and, if the testator wishes, registered with the Dubai Courts' Wills Registry to facilitate probate.

The testator's capacity is assessed under the Civil Transactions Law, which presumes competence unless evidence shows incapacity due to age, illness, or undue influence. Witnesses must be present simultaneously when the testator signs, and they must attest that the signature is genuine and that the testator appeared willing and aware. The private notary verifies the identities of the testator and witnesses, checks that the will complies with formal requirements, and affixes the notarial seal and stamp. Registration, while not mandatory for validity, creates a public record that simplifies later probate proceedings and reduces the risk of the will being contested on grounds of authenticity.

HOW DOES THE PROBATE PROCESS WORK AFTER A DEATH IN DUBAI?

Probate begins with an application to the Dubai Courts' Personal Status Department, where the executor or a interested party submits the original will, the death certificate, and a list of known assets and liabilities; the court examines the will for authenticity, appoints an executor if none is named, issues a grant of probate, and oversees the settlement of debts and distribution of the estate according to the will's terms or, if no valid will exists, the rules of intestate succession under Federal Decree-Law No. 28 of 2005 on Personal Status.

The applicant files a petition accompanied by the notarised will, the deceased's Emirates ID copy, and a death certificate issued by the relevant health authority. The court schedules a hearing to verify the will's authenticity; if satisfied, it issues a probate order that authorises the executor to collect assets, open estate bank accounts, and publish a notice in two local newspapers inviting creditors to submit claims within 30 days. After debts are settled, the executor prepares a final account, submits it for court approval, and distributes the remaining assets to the beneficiaries. The entire procedure typically takes three to six months for uncomplicated estates, though complex cases involving disputed wills or overseas assets may extend beyond a year.

WHAT ROLE DOES A LAWYER PLAY IN DRAFTING A WILL AND MANAGING PROBATE?

A lawyer advises the testator on structuring the will to reflect wishes while complying with forced-heirship rules that apply to Muslim nationals under the Personal Status Law, helps choose appropriate guardians for minor children, and ensures the document meets notarisation and registration standards; during probate, the lawyer represents the executor, prepares court filings, liaises with the Dubai Courts, resolves creditor claims, and defends the will against challenges, thereby reducing delays and protecting the estate's value.

When drafting, the lawyer conducts a fact-finding interview to identify all assets, including UAE-based property, bank accounts, investments, and offshore holdings, and advises on the tax implications of transferring each asset type under UAE law and any applicable double-taxation treaties. The lawyer also explains the effect of the UAE's forced-heirship regime, which entitles certain close relatives to a fixed share of the estate regardless of the testator's wishes, and suggests mechanisms such as gifts inter vivos or the establishment of a foundation to achieve desired outcomes within legal limits.

In probate, the lawyer drafts the petition for probate, compiles the required exhibits, and attends hearings to address any objections raised by heirs or creditors. If a will is contested on grounds of lack of capacity, undue influence, or fraud, the lawyer gathers medical records, witness statements, and expert opinions to defend the document's validity. The lawyer also assists in valuing assets, negotiating settlements with creditors, and preparing the final distribution plan, ensuring that each step complies with court orders and that beneficiaries receive their entitlements promptly.

FREQUENTLY ASKED QUESTIONS

What happens if a person dies without a will in Dubai?
If no valid will exists, the estate is distributed according to the intestate succession rules of Federal Decree-Law No. 28 of 2005 on Personal Status, which allocates fixed shares to spouses, children, parents, and other relatives based on the deceased's religion and nationality; the Dubai Courts appoint an administrator to manage the estate, settle debts, and distribute the remaining assets in accordance with those shares.

Can a non-Muslim expatriate choose to apply the law of their home country to their will in Dubai?
Yes, non-Muslim expatriates may elect to have the law of their nationality govern the succession of their UAE-located assets by registering a choice-of-law declaration with the Dubai Courts; this election must be made before death and is recognised under Article 17 of the Civil Transactions Law, allowing the will to be interpreted and executed according to the foreign law's provisions.

Is it necessary to register a will with the Dubai Courts for it to be enforceable?
Registration is not a prerequisite for validity; a properly notarised will is enforceable under UAE law. However, registration creates a public record that facilitates probate, reduces the risk of the will being lost or contested, and provides evidentiary proof of the document's authenticity in court proceedings.

How much does it typically cost to draft and notarise a will in Dubai?
Costs vary depending on the complexity of the estate and the lawyer's fees; drafting a simple will generally ranges from AED 2,000 to AED 5,000, notarisation by a private notary adds approximately AED 500 to AED 1,000, and registration with the Dubai Courts incurs a fee of around AED 200. Additional charges may apply for asset valuation, tax advice, or the inclusion of trusts or corporate structures.

Can a will be amended after it has been notarised?
Yes, a testator may amend or revoke a will at any time while competent; amendments are made by executing a codicil that meets the same formal requirements as the original will, or by creating a new will that expressly revokes all prior instruments, both of which must be notarised and, if desired, registered with the Dubai Courts.

What documents are required to initiate probate proceedings in Dubai?
The petitioner must submit the original notarised will, the deceased's death certificate, a copy of the deceased's Emirates ID or passport, a list of known assets and liabilities, and any relevant identification documents for the executor or administrator; the court may request additional evidence such as bank statements or property title deeds to verify the estate's composition.

If your matter involves wills and probate lawyer 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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