The UAE is home to millions of expatriates from all over the world, many of whom have built families, acquired property, and invested in businesses. Yet, few expats realise how different the UAEs inheritance laws are from those in their home countries. Without a legally valid will, expats risk having their assets distributed in ways they might not expect or want. Heres why every expat in the UAE should consider having a will.
1. Sharia Law and Default Asset Distribution
In the UAE, courts will apply Sharia principles in the absence of a valid will for both Muslim and non-Muslim expats. Under Sharia law, inheritance follows a specific distribution process, which may override the intentions an individual might have for their assets. For example:
- The spouse may not receive the entire estate, as distribution typically allocates shares to multiple family members.
- Children are entitled to certain fixed shares, but their inheritance rights differ based on their
For expats accustomed to different inheritance customs, this can be a significant deviation from what they might have wanted. A will provides a way for non-Muslims to avoid default Sharia allocation and specify their preferences for distributing assets.
2. Guardianship of Children
For expats with children, designating guardianship is paramount. Without a formalised will, the UAE courts may appoint a guardian for minor children, potentially one who isn’t the parents first choice. Through a will, expat parents can ensure that a trusted guardian of their choice will take care of their children if they pass away.
3. Asset Protection and Preventing Freezing of Accounts
Upon an individuals death, it is common practice for banks in the UAE to freeze the deceased’s bank accounts, including joint accounts. Without a will, this freeze remains until the court has completed the inheritance process, which can take months and cause financial strain. A will can help streamline asset distribution, potentially allowing dependents faster access to funds and reducing complications during an already difficult time.
4. Simplicity in Transferring Overseas Assets
Expats often own property and assets in both their home countries and the UAE. Having a UAE- compliant will can significantly simplify the inheritance process, especially when multiple jurisdictions are involved. For example:
- A DIFC will allows non-Muslim expats in Dubai and Ras Al Khaimah to cover only their UAE-based assets.
- Its also possible to register separate wills in other jurisdictions, ensuring clarity and honoring the laws specific to each assets location.
5. Clarity and Peace of Mind for Loved Ones
A will gives clarity to loved ones, outlining exactly how the individual wants assets and possessions handled. For expat families dealing with loss while navigating foreign legal systems, a clear will provides instructions, reducing stress and potential disputes. The absence of a will may lead to delays and disagreements over inheritance, especially if Sharia-based distribution conflicts with family expectations.
6. Ease of Registration Options
The UAE has several avenues for expats to register a will, making the process accessible and straightforward. Non-Muslims can register a will through:
- DIFC Wills Service Centre: Offers an English-language option in Dubai and Ras Al Khaimah for non-Muslims, providing security for those wanting their wills to comply with UAE laws.
- Abu Dhabi Judicial Department (ADJD): Also allows expats to register their
