Requirement of Will Registration in the UAE for Expatriates

REQUIREMENT OF EXECUTING A WILL FOR NON-MUSLIM EXPATRIATE

Background

This article is based on the premise that if a non-Muslim expatriate dies intestate (without a will), you have assets in the UAE, or has children residing here, then sharia law will apply automatically, regardless of your religion or nationality.

Governing Laws

• Federal Law no. 28 of 2005 would be applied by UAE courts.
• Art 17(3) the Federal Law no.5 of 1985 of the civil transaction law of UAE as amended by Federal Decree-Law No. 30 dated 2020/09/27.
• Article No. 11 of the UAE Federal Decree No. 41/2022 concerning the family law for non-muslims in the UAE

Concerns about the absences of a Will

1. The distribution of assets may not be as per the will of the deceased.
2. Bank assets like individual accounts and joint accounts can be blocked.
3. Vehicles owned by the deceased cannot be transferred or sold.
4. To protect the guardianship of your minor children by appointing a permanent & temporary guardian
5. As a business owner, it’s very important to consider business succession planning as part of the Wills process. 

Registration and notarization of Wills

Will registration can be registered in Abu Dhabi Judicial Department (ADJD), Dubai Courts, Dubai International Financial Center (DIFC), and Abu Dhabi Global Markets (ADGM) there is a variety of Will registration forums.

There is no denying the fact it is in the best interest of every ex-pat in the UAE to draft a Will in advance per their wish and personal laws (home country laws) they would prefer to apply to the Will. You can request a lawyer/Firm for a well-drafted Will and they can help you notarize the Will in UAE.

We can help you draft and conclude private notary services for a Will registration based on providing the following documents: