Wills in the United Arab Emirates: a comprehensive guide for non-Muslim expatriates
- Oracle
The UAE legal system and expatriates
The United Arab Emirates traditionally applies Islamic Sharia law to matters of inheritance. This religious legislation imposes strict rules on the distribution of assets, which may conflict with the testamentary wishes of non-Muslim residents. Faced with this legal complexity, the Emirati authorities have gradually developed mechanisms enabling expatriates to circumvent these constraints.
The country is home to more than 9 million people, of whom nearly 90% are expatriates. This demographic reality has prompted lawmakers to adapt the legal framework to meet the specific needs of this cosmopolitan population.
Consular registration: the preferred first option
Procedures at consulates and embassies
Most Western consulates in the Emirates offer will registration services. This process has the advantage of being administratively straightforward and ensuring that the will is automatically recognised in the testator’s country of origin.
The British, French, German and American consulates all have established procedures. The cost generally ranges from 200 to 500 dirhams, depending on nationality and the complexity of the document. The procedure usually requires the presence of two witnesses and certification by an accredited consular officer.
Limitations of the consular approach
However, this method has significant limitations. A consular will only covers assets located in the country of origin or in jurisdictions that recognise this type of document. Property assets in the Emirates are often excluded from this protection, creating a potentially problematic legal grey area for the heirs.
Registration with the courts in the UAE
The DIFC and ADGM courts
Dubai and Abu Dhabi have established special economic zones with their own legal systems. The Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM) apply English common law, thereby offering an attractive alternative to expatriates. These courts accept wills drawn up in accordance with Western standards and ensure they are executed in accordance with the deceased’s wishes. Registration fees amount to approximately 10,000 dirhams for a simple will, a sum which may double depending on the complexity of the estate.
Local registration procedure
Local registration requires a certified translation of the will into Arabic, an apostille on the original documents, and an appearance before a designated judge. This process usually takes between 4 and 8 weeks, depending on the workload of the courts and whether the documents submitted are complete.
Types of property covered and restrictions
Property
Property ownership remains subject to specific rules. Only certain emirates permit foreign ownership, primarily Dubai and Abu Dhabi within designated areas. The will must explicitly mention these properties to ensure they are passed on in accordance with the owner’s wishes.
Bank accounts and investments
Financial assets enjoy enhanced protection when a will is properly registered. Banks in the UAE generally recognise wills validated by the DIFC or ADGM courts, which considerably simplifies the process for beneficiaries.
Practical considerations for expatriates
The dual approach, combining consular and local registration, offers the best possible protection. This strategy ensures that assets located both in the Emirates and in the country of origin are covered, whilst minimising the risk of disputes over the estate.
Expatriates should review their wills regularly, particularly when there are significant changes to their family circumstances or assets. Legislation is changing rapidly in the Emirates, making it necessary to keep a close eye on legal developments to ensure that the provisions of their wills remain valid.
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