Why Your Foreign Will Might Not Be Enough for UAE Properties
Imagine this: You’ve moved to the UAE, bought a lovely villa in Dubai, and you already have a will drawn up in your home country.
You might assume you’re all set if the worst happens.
After all, a will is a will, right?
Unfortunately, it’s not that simple.
In the UAE, local inheritance laws can throw a wrench in your plans, meaning your foreign will might not be enough to cover your UAE properties.
How so?
Let’s dive into the reasons step-by-step, and explore what expats need to know to protect their assets (and their families) in the Emirates.
Understanding the UAE Inheritance Landscape
To grasp why your foreign will could fall short in the UAE, you first need to understand the legal landscape governing inheritance here.
The UAE’s laws are influenced by Sharia (Islamic) law, which means the rules for who inherits what are quite different from those in many Western countries.
This isn’t just an obscure legal footnote it affects every expat property owner directly.
Sharia Law’s Influence on Inheritance
The UAE is primarily a Muslim country, and its default inheritance rules follow Sharia principles. Sharia law imposes “forced heirship” a fixed system of distributing a deceased person’s estate among relatives.
Unlike in many countries where you can leave your assets to anyone you choose, Sharia has preset shares for certain family members.
For example, under Sharia-based rules, a surviving wife might automatically receive only one-eighth of her husband’s estate if they have children, while the children (with sons getting double the share of daughters) receive the rest.
These rules are codified in UAE law, so they apply by default to Muslims and historically even to non-Muslims in some cases.
This can be a huge surprise for expats.
Imagine expecting your spouse to inherit your UAE home, only to find out they get just a small fraction while other relatives must, by law, receive shares.
It’s like planning a meal and discovering someone else wrote the recipe you’re not in control of the portions.
“What About My Will Back Home?”
You might be thinking, “But I’m not Muslim, and I have a will from back home saying who gets my property. Doesn’t that override local law?” In theory, UAE law does allow non-Muslims to use their home country’s law for their UAE assets.
In fact, Article 17(1) of the UAE Civil Code says a foreigner’s inheritance can be governed by the law of their home country.
However, there’s a catch if you die without a locally recognized will, UAE courts historically would still apply Sharia law to your UAE assets by default.
In practice, even when a foreign will existed, local courts often prioritized Sharia principles first.
As one legal commentary noted, while UAE law appeared to allow a non-Muslim’s national law to apply, “in practice the Dubai Courts have tended to apply local law at first instance”.
In other words, your foreign will might not automatically be honored until you go through extra steps (and possibly legal battles) to prove it should be.
Why a Foreign Will May Fall Short in the UAE
Now let’s break down the specific pitfalls of relying on a foreign will for your UAE property.
It’s not that a foreign will is useless it’s that without UAE-specific measures, that will could be like a puzzle piece that doesn’t quite fit the local legal puzzle.
Here’s why:
Legal Hurdles and Local Courts
If you have a will from your home country and you pass away owning assets in the UAE, your heirs won’t find it as simple as waving the document at the local court. UAE courts operate in Arabic and under UAE law, so a foreign will must go through a legal gauntlet to be considered valid.
This usually means translating the will into Arabic and getting it notarized and attested by multiple authorities your home country’s officials, the UAE Embassy, and the UAE Ministry of Foreign Affairs.
Only then will a UAE court even look at it. It’s like needing multiple stamps on a passport before you can enter a country.
Even after jumping through those hoops, the court may scrutinize the will to ensure nothing in it conflicts with UAE public policy or Sharia principles. If your will’s distributions contradict what a local judge believes is required by law, there’s a risk parts of your foreign will could be disregarded.
In the past, UAE courts of first instance “usually applied Sharia law instead of applying the testator’s (deceased’s) will,” and only upon appeal would the foreign will’s terms be honored.
That means your family might have to fight through an appeals process to enforce your will a process conducted in Arabic, potentially taking months or even years.
In short, a foreign will is not a free pass; it might be treated as just one piece of evidence, not the final word.
Delays, Freezes, and Headaches
One immediate practical problem when someone dies in the UAE is that assets get frozen until the inheritance is sorted out.
This is standard procedure: banks freeze the deceased’s accounts, and properties can’t be sold or transferred until the court issues orders on inheritance.
If you only have a foreign will, these delays could be prolonged.
While your family is busy getting documents attested abroad and translated, your UAE bank accounts and assets remain locked up.
As a result, surviving family members might temporarily lose access to funds, and even businesses can be paralyzed because shares are frozen until the court’s decision.
Without a UAE-recognized will, your loved ones could be stuck in legal limbo for a while.
Picture your family needing money for expenses, but your accounts are inaccessible, or wanting to sell the property, but being unable to do so.
It’s an added stress at an already difficult time. A foreign will alone might eventually work out, but the process can be an arduous waiting game.
Potential Conflicts with Sharia Law
Another issue is that certain wishes in a foreign will might not be enforceable under UAE law if they contradict Sharia-based public policy.
For example, if a Muslim expatriate made a will in a country that allowed leaving all assets to a single child, that provision would not be valid in the UAE a Muslim’s estate here must follow Sharia portions to heirs (with usually only up to one-third allowed for other bequests).
Even for non-Muslims, while the law is now more accommodating (as we’ll see shortly), anything in a will that the court views as against public order could be rejected.
Think of it this way: trying to enforce a will with provisions contrary to local law is like trying to drive on the opposite side of the road you’re likely to be stopped for breaking the rules.
The UAE courts have the ultimate discretion to interpret and apply inheritance laws, so the enforceability of your foreign will “may ultimately depend on the interpretation and decisions of the local courts”. Essentially, it can feel like a bit of legal roulette sometimes the foreign will is accepted, sometimes it gets overridden by local principles.
The Consequences of No UAE Will
Let’s consider what happens if you don’t have a UAE-compliant will and you rely entirely on either local default rules or your foreign will.
Understanding this scenario really highlights why having a proper UAE will is so important.
Intestacy in the UAE: A Default You May Not Like
“Intestacy” means dying without a valid will for a given asset or jurisdiction.
In the UAE, if you die intestate (with no local will recognized for your UAE assets), the distribution follows UAE law. Until recently, for non-Muslim expats, that meant Sharia law would be applied to your UAE estate by default.
Your wishes wouldn’t matter, because the court would impose the fixed shares as per Sharia.
For example, if a non-Muslim man died without a will, leaving a wife and children, under Sharia the wife might get just one-eighth and the children get the rest (with any sons getting double what daughters get).
If the idea of your spouse getting such a small portion of your estate alarms you, you’re not alone it alarmed many expatriates and was a driving force behind legal changes.
A New Law Changes the Game (Slightly)
The good news is that the UAE introduced Federal Decree-Law No. 41 of 2022 (effective 1 February 2023), which changed the default rules for non-Muslim inheritance.
Now, if a non-Muslim dies in the UAE without a will, Sharia principles no longer automatically apply by default for that non-Muslim’s estate.
Instead, the new law provides a more civil-law style distribution.
In the absence of a will, half of the estate goes to the spouse and the other half to the children, divided equally with no distinction between sons and daughters.
If there are no children, the parents may inherit, and so on, in a specified order.
This is a significant reform it means the law now tries to mirror what many non-Muslim expats might consider a fair split (50/50 between spouse and kids, for instance) instead of the traditional Sharia formula.
For example, under the new rule, a surviving wife would get 50% of her late husband’s assets, and the remaining 50% would be shared equally among their children, which is a lot closer to what foreign wills often state.
Abu Dhabi even introduced its own law in 2021 with similar provisions, where “non-Muslim spouses in Abu Dhabi may inherit half of their spouse’s assets in the absence of a will”.
However, and this is crucial: these default rules, while better for non-Muslims, still might not reflect your exact wishes.
Maybe you wanted to leave a specific property to a particular child, or provide for a sibling, or give something to charity. The default law won’t do that. It also won’t appoint guardians for your kids (it just deals with assets).
So even with improved intestacy laws, not having a will means losing control over who gets what.
The court simply follows a formula. Moreover, note that the new federal law applies to non-Muslims.
Suppose you are a Muslim (including a Muslim expat from abroad). In that case, the Sharia-based rules remain applicable to your estate in the UAE, as those are considered matters of public policy.
A Muslim expat cannot opt out of Sharia inheritance through a will at most, they can ensure up to one-third of their estate goes to specific people not otherwise entitled, but the rest must go to the Sharia heirs.
So, a foreign will won’t help a Muslim avoid Sharia rules; it needs to be aligned with those rules to be enforceable.
Guardianship of Children An Overlooked Issue
Property aside, consider what happens to your children if you (and your spouse) pass away in the UAE.
This is something a will can cover too appointing guardians for minor kids and it’s especially important here.
Under Sharia law, if a father dies, the mother is not automatically the guardian of the children in all respects.
In many cases, the father’s family (e.g. the paternal grandfather or an uncle) might have a claim to guardianship.
Likewise, if a mother dies, the law historically required that there be a female guardian in the family to care for daughters, etc.
Without a will specifying your chosen guardians, local courts will decide who takes care of your kids, and it might not be the person you would have wanted.
For an expat family, this is a heart-stopping thought.
It’s not just an abstract risk UAE courts do hear custody cases after a parent’s death when no clear guardianship instructions exist, and they may award custody to a relative who steps forward, sometimes contingent on conditions like the mother not remarrying.
Having a valid will in the UAE allows you to name guardians for your children, ensuring they remain with the people you trust.
Think of a will as not just a property plan, but a family safety net.
Without it, there could be a custody tug-of-war or uncertainty at the worst possible time.
Real-Life Example The Risk of No Will
To illustrate, consider a hypothetical (but very plausible) scenario:
John, a British expat in Dubai, passes away unexpectedly.
He owns an apartment and has bank accounts in the UAE. He has a UK will leaving everything to his wife.
But he never registered a will in the UAE. Upon his death, all his UAE assets are frozen his bank accounts can’t be accessed by his wife, and the apartment can’t be sold or transferred.
John’s wife faces not only the grief of loss but also immediate financial difficulty because she can’t tap into their UAE funds to pay bills or rent.
She submits John’s UK will to the UAE court, only to be told that it must be verified, translated, and attested through a bureaucratic process. Weeks turn into months.
Initially, the local court, applying Sharia-based law, might rule she is entitled to less than the whole estate (since under Sharia, other relatives would get shares).
She then has to hire lawyers to appeal the decision, pointing out that John was non-Muslim and that his will (once translated and attested) should govern.
Eventually, she succeeds, but it’s after a long ordeal and legal fees.
The moral of the story? Without a local will, even a well-intentioned foreign will can lead to delay, stress, and unintended outcomes.
It’s a cautionary tale many expat families have unfortunately experienced in one form or another.
DIFC Wills Service Centre – A Game Changer for Expats
Thankfully, the landscape isn’t all doom and gloom.
The UAE has recognized these issues and over the years has provided mechanisms to help, especially for non-Muslim expats.
One of the most important developments was the creation of the DIFC Wills Service Centre in Dubai.
This service is a bit of a knight in shining armor for expat estate planning it’s designed to make sure your assets go where you want, without the complications of the regular UAE courts.
What Is the DIFC Wills Service Centre?
The Dubai International Financial Centre (DIFC) Wills Service Centre (formerly known as the DIFC Wills & Probate Registry) is a special wills registry that launched in May 2015.
It operates in the DIFC, an independent jurisdiction in Dubai that uses English common law. Crucially, it was set up specifically for non-Muslims.
If you are not Muslim and over 21, you can register a will there covering your assets in the UAE (and even outside the UAE, if you choose).
The wills are in English, and the rules are based on common law principles, which will feel familiar to Brits, Europeans, Americans, etc.
In simple terms, a DIFC Will lets you state exactly how you want your UAE assets distributed and who should be guardian of your children, with full freedom (what lawyers call “testamentary freedom”).
It’s like having a will back home, but one that is tailor-made to be recognized by the system in Dubai and the UAE.
Some key features of the DIFC Wills Service:
It’s only for non-Muslims. (Muslims unfortunately cannot use this service, as their estates must follow Sharia rules.)
You don’t have to be a UAE resident to use it. Even if you live abroad but have assets in UAE, you can set up a DIFC will.
It covers all kinds of assets. Initially it was for Dubai (and later Ras Al Khaimah) assets, but since 2019 you can include any assets in the UAE in a DIFC will. You can even cover worldwide assets in one will if you want, which is convenient.
Guardianship provisions can be included for minor children.
The will registration and probate process is handled by the DIFC Courts, in English, which means no dealing with Arabic translations and procedures for this portion.
In essence, the DIFC Wills Service Centre creates a parallel path for inheritance that bypasses the main UAE court system.
It’s like a special expat lane on the highway far less congested and designed for your vehicle.
Why a DIFC Will Makes a Difference
Registering a will with DIFC can save your family from the uncertainties we discussed earlier. Since the DIFC Courts will issue probate orders based on the will, your wishes are executed as written.
These orders are then enforceable in the UAE (Dubai courts will accept the DIFC court order as valid).
The benefit is speed and certainty.
There’s no need for lengthy attestation of a foreign will or worrying about a local judge overriding your wishes.
One commentary noted that DIFC Wills “avoid family members becoming involved in uncertain proceedings that can be encountered in the UAE courts”, bringing certainty for expatriates and even encouraging expats to invest in the UAE without fear.
Think of a DIFC will as giving you peace of mind.
Your assets won’t be stuck in limbo; your bank accounts can be unfrozen with a DIFC court order relatively quickly, and your property can be passed on according to your will without a saga.
For your family, it means during a difficult time, they won’t have to navigate a legal maze the path will have been clearly laid out.
Another advantage: the guardianship issue is resolved.
A DIFC will allows you to appoint guardians for your children and the DIFC Courts can issue guardianship orders consistent with your wishes.
This is a huge relief for expat parents.
Instead of uncertainty about who will care for the kids, the will ensures the chosen guardians are recognized, provided it doesn’t contradict basic public policy (for instance, a guardian must be a suitable adult).
It puts you back in control, as you would expect in your home country.
Eligibility and Scope of DIFC Wills
To recap eligibility in plain terms: If you are a non-Muslim over 21 with assets in the UAE, you qualify to use the DIFC Wills Service.
It doesn’t matter what nationality you are or even if you live in the UAE or not.
The key is your religion (it’s not open to Muslims) and having some asset or family connection to the UAE.
People often ask what assets they can include. You can cover real estate, bank accounts, investments, company shares, cars, personal valuables essentially anything you own.
The DIFC even offers different types of wills depending on your needs.
For example, you could make a special “Property Will” just for up to five real estate properties, or a “Financial Assets Will” for up to ten bank or brokerage accounts, or a full comprehensive will that covers everything (plus guardianship) in one go.
This modular approach means you can tailor your estate planning conveniently.
One important note: While a DIFC will can cover worldwide assets, it’s most useful for UAE assets.
If you have assets in other countries, those countries may or may not recognize the DIFC will as valid directly. (Usually, you’d still need to do local probate in those jurisdictions or have separate wills for different countries.)
So, your overall estate plan might include a DIFC will for UAE and maybe your original foreign will for assets back home.
Estate planning can span multiple jurisdictions – think of it like having different keys for different houses. The DIFC will is the key for your UAE house.
Other Options: Wills in Abu Dhabi and Local UAE Courts
Dubai’s DIFC is one route, but what about other Emirates?
The UAE has been making it easier across the board for expats to manage inheritance.
Abu Dhabi’s Wills and ADGM Courts
In Abu Dhabi, a similar service has been rolled out via the Abu Dhabi Global Market (ADGM) courts.
Abu Dhabi issued a new personal status law in 2021 for non-Muslims, and as part of modernizing, ADGM (another financial free zone with its own common law courts) started offering non-Muslim will registration.
This means expats in Abu Dhabi can register a will in English through ADGM courts, achieving similar results ensuring their wishes are followed.
So if you have property in Abu Dhabi, you could either use the DIFC will (since now it covers all UAE assets, it would include Abu Dhabi assets too), or you might choose to register a will with ADGM courts.
Either way works, though DIFC has the advantage of experience since it’s been around since 2015.
Abu Dhabi’s new law also set out intestacy rules akin to the federal law (spouse gets half, etc.), which is a big improvement.
But again, having your own will gives you more flexibility. The existence of ADGM’s will service underscores that the UAE government recognizes the need to cater to its huge expat population when it comes to inheritance.
Dubai Courts’ Non-Muslim Inheritance Division
Another recent development worth noting is that Dubai Courts (the regular courts) themselves have taken steps to streamline inheritance for non-Muslims. In mid-2023, Dubai Courts announced the establishment of the first dedicated division for inheritance cases of non-Muslims and executing their wills.
This is a significant move: it shows the local courts are creating a specialized process to handle non-Muslim estates in line with the person’s own laws or wishes, rather than defaulting to Sharia.
The goal of this new division is to “enable non-Muslims to execute their wills within a framework that guarantees the application of their personal laws”. In practice, this means if you have a will from back home or any will outside UAE, this division will look at it and try to honor it, provided it meets certain documentation standards.
They outlined procedures for different scenarios if there’s a will issued by UAE courts, if there’s a will from outside, etc. For a will not issued by a UAE court (like a foreign will), one must file a case for “execution of the will” and provide a certified copy of the law of the deceased’s home country or whatever law is referenced in the will. The idea is to handle such cases in a single session if possible, to avoid long drawn-out battles.
This is promising for expats because it means even within the UAE’s main court system, there’s now a mechanism to respect foreign wills and personal laws more efficiently. It’s essentially the UAE saying, “We hear you, we know you want your own laws applied, and we’re going to help make that happen.”
However, note that Dubai Courts also specified that if a will is issued by DIFC courts, they won’t handle it because that falls under DIFC jurisdiction (which makes sense; you wouldn’t go to Dubai Courts for a DIFC will probate).
The bottom line is, whether through DIFC, ADGM, or the new non-Muslim division in Dubai Courts, the UAE is providing tools for expats to ensure their foreign wills or personal wishes are respected. But you still need to take action these tools only help if you use them.
Simply having a will sitting in a drawer in your home country won’t automatically trigger these processes; you or your heirs would have to invoke them, and it’s much smoother if a will is registered locally in the first place.
Registering a UAE-Compliant Will: Taking Charge of Your Legacy
By now, it’s clear that while a foreign will alone might eventually work, it’s much safer and simpler to have a UAE-compliant will for your UAE assets.
Think of it as future-proofing your estate and sparing your family from bureaucracy.
Here’s how you can take charge:
Benefits of a UAE-Registered Will
1. Peace of Mind: You’ll know that your wishes will be followed exactly as you intend. No default formulas, no surprises you control the narrative of your estate distribution. As one legal expert put it, recent changes give non-Muslims more flexibility, but it’s still crucial to have a valid will in place to “ensure a division of an estate outside of local law” when that’s your goal.
2. Speed and Simplicity: A locally registered will (be it through DIFC, ADGM, or notarized in local courts) streamlines the process. Your family can obtain the inheritance court order faster and with less red tape. This means bank accounts can be unfrozen sooner and property transferred more quickly, sometimes in a matter of weeks instead of months or years.
3. Preventing Family Disputes: Clear instructions in a legally recognized will reduce the chance of disputes. If you have multiple heirs, a will minimizes confusion. Without one, relatives might disagree over what should happen, especially if differing cultural expectations come into play. A will speaks for you, so your family doesn’t have to argue or guess your intentions.
4. Guardianship and Personal Wishes: As discussed, you can appoint guardians for your children in your will, ensuring their care is as you choose. You can also make specific bequests (for instance, “I leave my classic car to my brother”) that wouldn’t happen under default laws. This personal touch is only possible through a will.
5. Complementing Worldwide Estate Planning: If you have wills in other countries, you can tailor your UAE will to complement them.
Perhaps your foreign will says “for all assets outside the UAE” and your UAE will says “for assets in the UAE, this is what I want.”
This avoids conflicts and overlap.
Professionals often advise coordinating multiple wills to cover different jurisdictions smartly.
It’s like having a coordinated game plan for different arenas.
How to Set Up a UAE Will (Step by Step)
Setting up a will in the UAE as an expat might sound daunting, but it’s fairly straightforward if you follow these steps:
Consult a Legal Expert: Engage a lawyer experienced in UAE inheritance law and expat wills. They can advise whether a DIFC will, ADGM will, or local notary will is best for your situation. This is important because the laws are updated recently, and a professional will ensure your will is valid and enforceable.
Draft the Will: Clearly outline how you want your UAE assets distributed and who should be guardian of any minor children. Be specific – list properties, bank accounts, investments, etc., and the beneficiaries for each or in percentages. The lawyer will make sure the language meets legal requirements.
Choose the Registration Method:
If you opt for DIFC Wills Service Centre, you’ll draft in English. You can often do the whole process online now
, with a virtual registry appointment. There is a registration fee involved, but the process is smooth.
If you opt for ADGM in Abu Dhabi, a similar process applies with their court.
If you choose to register a will via Dubai Courts (notary), that will involve preparing an Arabic/English will and signing it before a notary public at the court or a wills registry office. The new non-Muslim inheritance division means the court is more prepared to handle it when the time comes.
Register the Will: This is crucial – an unregistered will might as well not exist when it comes to local proceedings. For DIFC/ADGM, once the will is signed and witnessed (witnesses are required, which your lawyer can arrange), it’s officially registered in their system. For local courts, the notarization essentially registers it with the court system. Now it’s on record.
Keep it Updated: Life changes – you might buy new assets, sell property, or have more children. Update your will when major changes happen. The UAE will should also be kept consistent with any foreign will. For example, if you bought a new house in the UAE, add it to your UAE will. If you divorced or married, definitely update the will to reflect new realities.
Inform Your Family: Make sure your close family or executors know that you have a UAE will and where to find it. When the time comes, they’ll need to contact the DIFC/ADGM or relevant body to start the probate. It’s also wise to keep a copy of the will (or registration certificate) with your important documents.
By taking these steps, you transform what could be a chaotic situation into a well-organized plan. Instead of your family wondering “What now?” and dealing with courts, they will have a clear roadmap.
Conclusion
In a nutshell, don’t leave your UAE assets to chance. While your foreign will reflects your wishes, it might not be enough in the UAE’s unique legal setting without extra precautions.
The influence of Sharia law and local legal procedures can derail even the best-laid plans if you haven’t navigated them properly.
Fortunately, the UAE provides avenues like the DIFC Wills Service, ADGM courts, and progressive laws to bridge the gap between your intentions and the local requirements.
Think of creating a UAE-compliant will as buying an insurance policy for your estate and your loved ones’ future. It ensures that your Dubai villa, your Abu Dhabi bank account, or any UAE asset you worked hard for ends up in the hands you choose, without unnecessary delay or dispute. It’s about peace of mind: knowing that if tomorrow never comes, your family won’t be tangled in legal red tape or facing outcomes you never wanted.
In conversational terms: If you’re an expat in the UAE, sorting out your will is as important as locking your front door at night.
It keeps everything safe and in order. So, take the time to get your affairs in order the right way in the UAE. Consult a lawyer, register that will, and sleep easy.
After all, you didn’t come all the way to this country, build a life, and invest in property, just to have the courts decide who gets it all.
With a bit of planning now, you’ll ensure that your wishes, not the default rules, rule the day.
FAQs
Q: Is a will made in my home country valid for my UAE property?
A: It can be valid, but it’s not automatic. A foreign will must go through UAE legal procedures (translation, attestation, court approvals) to be enforced. Without a locally registered will, the UAE courts might initially apply local inheritance law by default. Registering a will in the UAE (through DIFC, ADGM, or local courts) ensures your wishes are recognized more smoothly.
Q: What happens if I die without a will in the UAE as an expat?
A: If you have no will, UAE law will decide who inherits your assets. For non-Muslims, a new law (since 2023) gives half your estate to your spouse and half equally to your children by default. This avoids Sharia splitting in many cases. However, if you’re Muslim, Sharia law will apply fully, dividing assets among relatives according to fixed shares. In all cases, your bank accounts and assets will be frozen until the courts process the inheritance, which can be time-consuming. Having a will speeds up the process and lets you control the outcome rather than relying on the default.
Q: How does Sharia law affect inheritance for non-Muslim expats?
A: Historically, even non-Muslim expats’ UAE assets could be subject to Sharia-based distribution if they had no will. This meant, for example, a non-Muslim widow might receive only a fraction of the estate under Sharia rules. Recent reforms have removed Sharia as the automatic law for non-Muslim inheritance when there’s no will. Now, civil law rules (like spouse 50%, kids 50%) apply by default for non-Muslims. However, Sharia law still looms in the background as public policy. For instance, if a non-Muslim expat’s will tried to completely disinherit a spouse or child (which might be acceptable in another country), a UAE court could refuse to enforce that because it clashes with the public order notion of family provision influenced by Sharia. And for Muslim expats, Sharia law does govern their UAE inheritance entirely, regardless of any foreign will. So, Sharia’s influence is something expats must be mindful of when estate planning in the UAE.
Q: What is the DIFC Wills Service Centre, and should I use it?
A: The DIFC Wills Service Centre is a specialized registry in Dubai for non-Muslims to register their wills for UAE assets. It operates under the DIFC Courts using an English common-law framework. If you’re a non-Muslim with property or assets in the UAE, using DIFC Wills can be highly beneficial. It allows your will to be executed quickly and according to your wishes, without the usual local court process. Essentially, it bypasses the potential application of Sharia law and the need for lengthy legal procedures, since the DIFC Court’s probate order will directly transfer your assets as you wanted. Whether you should use it depends on your situation, but for many expats it provides extra peace of mind and efficiency. There are some costs involved in registration, but many find it worth the certainty it provides.
Q: Can a Muslim expat avoid Sharia law by making a will?
A: In the UAE, Muslim inheritance is always subject to Sharia law. A Muslim (whether an Emirati or an expat) cannot completely opt out of Sharia rules through a will. UAE law treats Sharia in inheritance as a matter of public policy for Muslims. This means a will by a Muslim will only be upheld if it distributes the estate according to Sharia principles (for example, you can’t give one child more than their Sharia share at the expense of another). Muslim expats often still make wills, but these typically complement Sharia for instance, they might cover the one-third portion that a Muslim is allowed to bequeath to non-heirs or specify certain allocations within the family that are Sharia-compliant. If a Muslim expat made a foreign will that contradicts Sharia (say, leaving everything to the spouse), a UAE court would not enforce those terms. They would instead apply Sharia inheritance rules to the UAE assets. So, for Muslim expats, the key is to plan within the Sharia framework, possibly with the help of legal experts who understand Islamic estate planning, to ensure the will is both meaningful and compliant with the law.