UAE Residents Urged To Write, Register Their Wills In The Country Here's Why

UAE residents are being urged to write and register wills to ensure their families are protected in the face of unforeseen circumstances. The advice came from legal experts as the UAE introduced sweeping reforms to its Civil Transactions Law earlier this week.

“A will not only protects your immovable properties but also covers various aspects,” said Mohammad Marria, CEO and founder of Just Wills Consultant.“The will covers bank accounts, jewellery, cars, investment and in my opinion, the most important factor- the guardianship of their children.”

His thoughts were echoed by Saim Khan, Associate at BSA Law.“A will materially reduce probate delays, limit the risk of asset freezes, prevent unintended default distributions, allow parents to appoint guardians for minor children, and facilitate smoother execution across banks, land departments, and the courts in the UAE,” he said.

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Under the current law, if a non-Muslim dies without a valid will and the UAE civil personal status regime applies, their estate is divided equally between the surviving spouse and children. In the absence of a spouse or children, the estate will go to parents or siblings. According to a new law issued recently, financial assets in the UAE belonging to an expat with no heirs shall be designated as a charitable endowment, subject to supervision by the competent authority to ensure proper management and allocation.

For Muslims, Shariah law applies to the distribution of their estate.

Marria explained how registering a will could ensure that a person's family is taken care of.“I like to think of a will as the voice from the grave,” he said.“A lot of people don't want to think about succession planning as many fear that preparing for it will invite misfortune. However, the truth is that everyone will inevitably die. Preparing a will can make the process of losing a loved one less burdensome on the family.”

Khan pointed out what could happen if a will is not registered.“In the absence of a local will, UAE bank accounts- including joint accounts- are typically frozen on death until a court order is issued and liabilities are cleared, a process that can take weeks or months,” he said.“Succession may then proceed under default rules that do not reflect the deceased's wishes. Guardianship of minor children is determined by the courts, often through interim arrangements that may not align with parental preferences.”

He added that relying solely on a foreign will is usually slower and more uncertain.“Overseas wills generally require legalisation, Arabic translation, and UAE court review, and public-order considerations can result in delay or partial application of local law,” he said.“By contrast, locally registered wills benefit from established and streamlined probate processes.”

The principal registration routes are:

• DIFC Wills Service Centre: caters mainly to non-Muslims and follows an English, common-law style

• Abu Dhabi Judicial Department: onshore, largely digital and has a UAE-wide effect

• Dubai Courts' notary system: Arabic or bilingual and often more cost-effective

Khan explained that each one of them differed in procedure, language, and cost, but all provide enforceable probate mechanisms.“Non-Muslims may elect either their home country's law or the UAE civil personal status regime to govern succession, and this election should be stated expressly, particularly where UAE real estate is involved,” he explained.

He added that religion plays a key role in inheritance planning in the UAE. Muslim estate planning, therefore, relies on Sharia-compliant wills and, where appropriate, lifetime or structural planning. Expatriates should clearly define the scope of their will in the UAE, often limiting it to local assets, and include non-revocation wording to avoid conflicts with foreign wills. A well-designed and locally registered UAE will should cover guardianship, executors, and formal requirements to reduce delays, asset freezes, and uncertainty, and should be reviewed regularly as circumstances change.

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