The Importance of UAE Will Registration

Why You Should Write and Register a Will in the UAE

The United Arab Emirates has recently implemented several key legislative reforms, including the modernization of laws governing civil transactions. Among these reforms, the emphasis on the importance of writing and officially registering a will for both local and foreign residents has grown significantly. Although many still delay tackling this issue, experts believe that a properly drafted and locally authenticated will not only dictate the fate of assets but also serves to protect the family.

The Role of a Will in Asset and Family Protection

A will can cover not just real estate but also bank accounts, jewelry, cars, investments, and most importantly, the guardianship of minor children. Experts stress that without a will, authorities will automatically apply statutory inheritance rules, which may not reflect the deceased's true wishes.

Under the current regulations, if a non-Muslim individual dies without a will in the UAE, their estate is divided according to civil personal laws, generally resulting in equal division among the surviving spouse and children. If there are no such relatives, parents or siblings become heirs. In the absence of close relatives, any assets in the UAE are transferred to a charitable fund, overseen by the authorities.

In contrast, Muslim residents are subject to Sharia law, which lays out precise rules for the distribution of inheritance. Therefore, it’s particularly important for all residents, especially non-Muslim expats, to seek appropriate legal counsel and decide whether they want to prepare a will, and if so, how.

Freezing of Bank Accounts and Assets After Death

One of the most common issues occurring in the absence of a will is the automatic freezing of bank accounts, including joint accounts, upon death. These can only be unfrozen through a court order, which may take weeks or months. During this time, family members may face financial difficulties, especially if the deceased's account was the family's main source of income.

The question of guardianship for children is also a critical point. Without a will, the court decides this with temporary or permanent arrangements, which may not align with the parents' original wishes. However, with a properly drafted will, parents can name a trusted guardian themselves.

Why an Overseas Will Isn’t Enough

Many believe that a will created in their home country will automatically be valid in the UAE. However, it's not that simple. Wills made abroad need to be legalized, translated into Arabic, and approved by a local court. This can be a lengthy and often costly process, and certain elements may conflict with local public interest laws, making the will only partially enforceable. In contrast, locally registered wills provide a faster and more predictable probate process.

Where and How to Register a Will in the UAE?

Currently, there are three main official channels for will registration:

1. DIFC Wills Service Centre – primarily for non-Muslims, operating under the common law system, within Dubai

2. Abu Dhabi Judicial Department – a digital, nationwide system providing continent-wide registration

3. Dubai Courts Notary System – for Arabic or bilingual wills, generally a more cost-effective solution

All three options legally regulate the inheritance process but differ in procedural details, languages used, and costs. When choosing, it’s worth considering individual circumstances such as the emirate where the concerned property or bank account is located, the preferred language for the document, and the need for speed.

It’s important to know that non-Muslims can choose whether their estate will be subject to their home country laws or UAE civil personal laws – but this must be clearly and officially recorded, especially if UAE property is included in the estate.

What to Consider in a Well-Designed Local Will

A well-prepared, locally registered will should include the following:

Exact appointment of guardianship for minor children

Naming of executor(s)

Definition of the scope of inherited assets (limited to local assets)

Irrevocable stipulations to avoid conflicts with wills made in other countries

Formal elements in compliance with legal requirements

It’s advisable to review the will periodically, especially when there are changes in the asset situation, family status, or other significant circumstances.

Summary

Although writing a will may be an uncomfortable or delayed task for many, it is an essential step for residents in the UAE to secure their family, properties, and future decisions. A locally registered will not only accelerates administrative processes but also provides legal certainty and peace of mind to loved ones during a difficult time. As the UAE offers multiple options for will authentication, everyone can find the most suitable solution for themselves – the key is to ensure timely arrangements.

(Based on the Civil Transactions Law reforms undertaken.)