Secure Your UAE Will: A Foreigner's Guide

Wills for Non-Muslim Foreigners in the UAE: What You Need to Know

Non-Muslim foreigners living in the United Arab Emirates frequently face the question of how to officially arrange the disposition of their assets for after their death. The local legal system offers several options for them to register their wills in a valid manner within the country, thus ensuring the fate of their belongings. Below we detail what options are available, what legal regulations must be considered, and what official procedures must be followed to ensure a will is valid and enforceable.

The Basic Legislation: UAE Civil Personal Status Law

The legal framework for wills for non-Muslims is governed by the UAE's Federal Law No. 41 of 2022. Article 1 states that this law applies to all non-Muslim residents living in the country unless they explicitly declare a preference for their native law concerning marriage, divorce, inheritance, wills, and parental relations. This freedom allows foreigners, unless stated otherwise, to use the UAE legal system as a basis for preparing their wills.

Places to Register Wills Within the UAE

Official registration of a will can take place at various locations, depending on the emirate the testator lives in or the jurisdiction they choose. These locations include:

Dubai Courts

Dubai International Financial Centre (DIFC) Wills Service Centre

Abu Dhabi Judicial Department

Abu Dhabi Global Market (ADGM Courts)

The Relevant Consulate or Embassy

Dubai's Unique Regulation for Non-Muslim Wills

The Dubai-specific Law No. 15 of 2017 allows any non-Muslim individual to submit a will to either the Dubai Courts or the DIFC court. Consequently, a separate registry was established for non-Muslim wills, especially crucial for those wishing to ensure their assets are distributed according to their cultural norms.

What Can Be Included in the Will?

A registered will should encompass the following:

Naming of executor(s)

Naming of beneficiaries

All possessions of the deceased, whether movable or immovable

Bank assets, business shares

Intellectual property, such as patents, domain names, copyrights

Digital or online assets, such as social media accounts

Assets both within and outside the UAE

DIFC: Unique Structure, English-Language Will

The option offered by the DIFC Wills Service Centre is particularly favorable for those contemplating an Anglo-Saxon inheritance system. Wills submitted under the DIFC rules need to fulfill several conditions:

Only non-Muslims can create them

The will must be in English

At least two adult witnesses are required

The will must be personally signed

The will must remain registered with the DIFC at the time of death

The will can also address assets outside the UAE

Provisions for guardianship, not just assets

Within the DIFC system, testators can also designate a guardian for their child(ren) in the event of their death if their minor child lives in Dubai or Ras Al Khaimah. This is a very important proactive legal option for foreigners raising their children locally.

Steps to Take in Abu Dhabi

For non-Muslim residents living in the capital, wills can be registered with the Abu Dhabi Judicial Department or at the ADGM court. The ADGM, similar to the DIFC, is an international financial center with separate jurisdiction, allowing for the registration of non-Muslim, English-language wills.

Consular Options: Not All Countries Provide Them

Many foreigners initially check if their home country's embassy or consulate offers will registration services. This varies by country, and not all diplomatic missions provide such options. Those considering this route should directly inquire with their country's diplomatic mission in the UAE.

Practical Steps for Wills Preparation

1. The testator decides under which jurisdiction they wish to register the will (Dubai Courts, DIFC, ADGM, etc.)

2. Select a legal advisor or intermediary knowledgeable about the requirements of the chosen system

3. Prepare the will in the language and format prescribed by the relevant authority

4. Nominate an executor and (if necessary) a guardian

5. Sign the will in the presence of two witnesses

6. Pay registration fees (which may vary depending on the chosen institution)

7. Retain the registration document and ensure a copy is available to family members.

Summary

For non-Muslim foreigners, the United Arab Emirates offers a modern and flexible legal environment that respects cultural and legal diversity. Whether through the Dubai Court system, the Western-influenced regulations of the DIFC or ADGM, or even consular solutions, everyone can find a procedure that suits them. Officially registering a will provides not only legal security but also peace of mind—ensuring that after our death, our assets are handled as we planned during our lives.