Your UAE Assets May Not Pass Down To Your Kin If You Don’t Have A Will

Nobody wants to think about it, but it’s probably best you do ASAP.

As a Dubai resident, having a will is critical due to the UAE’s unique legal framework, which blends civil law with Sharia principles

Here’s why you should ensure a will is in place:

  • Control Over Asset Distribution: Without a will, UAE courts may apply Sharia law or local regulations to divide your estate, which could conflict with your wishes. For non-Muslims, assets might be distributed based on UAE civil law or the laws of your home country, potentially leading to unintended beneficiaries or delays. A will lets you specify exactly who inherits your assets, including property, bank accounts, investments, and personal items.
  • Protecting Family and Dependents: Dubai’s legal system may not automatically prioritize your spouse, children, or other dependents as you’d expect. For example, under Sharia law, inheritance follows fixed shares, which might not align with your family structure or preferences. A will ensures your loved ones are provided for, especially if you have a non-traditional family setup or dependents with specific needs.
  • Expatriate Considerations: As an expat, you likely have assets in multiple countries. Without a will, coordinating inheritance across jurisdictions can be chaotic, with different laws applying to different assets. A will registered in Dubai (e.g., with the DIFC Wills Service Centre for non-Muslims) can streamline this, ensuring clarity for assets in the UAE and potentially beyond.
  • Avoiding Lengthy Legal Processes: Without a will, your estate may go through probate in UAE courts, which can be time-consuming and costly. Courts may appoint an administrator, and disputes among heirs could further delay distribution. A will simplifies the process, reducing stress for your family.

  • Guardianship of Minor Children: If you have children under 21, a will allows you to appoint a guardian, ensuring they’re cared for by someone you trust. Without this, courts may decide guardianship, which might not align with your preferences.
  • Non-Muslim Flexibility: For non-Muslims, registering a will with the DIFC Wills Service Centre or Dubai Courts allows you to opt out of Sharia-based inheritance rules. This is particularly important if you want to follow the laws of your home country or customize asset distribution.
  • Business Interests: If you own a business in Dubai, a will can specify how your shares or interests are transferred, preventing disruptions or disputes that could harm the company’s operations.
  • Real Estate in Dubai: Property ownership in Dubai is common among residents, but without a will, real estate may be subject to complex inheritance rules. A will ensures your property goes to your chosen heirs, avoiding potential sales or forced divisions.
  • Bank Accounts and Frozen Assets: Upon death, UAE banks typically freeze accounts until inheritance is resolved, which can leave dependents without access to funds. A will speeds up this process, ensuring quicker access to liquidity for your family.
  • Preventing Disputes: A clear will reduces the risk of family conflicts or legal challenges, which are common in Dubai’s multicultural environment where heirs may have different expectations or legal backgrounds.

 

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Practical steps to take 

  • Non-Muslims: Consider registering a will with the DIFC Wills Service Centre, which offers a common-law framework and applies to assets in Dubai and Ras Al Khaimah. It’s tailored for expats and ensures enforceability.
  • Muslims: You can draft a will compliant with Sharia law through Dubai Courts or a lawyer, ensuring it respects Islamic principles while addressing your wishes.
  • Seek Legal Advice: Consult a UAE-based lawyer specialising in wills to navigate local laws and international assets.
  • Update Regularly: Review your will after major life events (e.g., marriage, divorce, childbirth) to keep it relevant.

Why having a will matters 

  • Dubai’s legal system moves quickly after death, and without a will, decisions may be made within weeks that you can’t influence.
  • The cost of drafting a will (AED 5,000–15,000 depending on complexity) is minimal compared to the potential financial and emotional toll of intestacy.
By having a will, you ensure your legacy aligns with your values and protects your loved ones in Dubai’s complex legal landscape.

ALSO READ: Trump In The UAE: Top 7 Iconic Moments

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