Requirement of will registration in the UAE for expatriates

First published in 2023. The references to the law were reviewed in September 2026.

Background

This article starts from a simple premise: if a non-Muslim expatriate dies intestate, that is without a will, and has assets in the UAE or children living here, the courts apply the UAE's default inheritance rules to the estate unless the deceased made a valid choice of another law. Since 2022 non-Muslims have a civil personal status law of their own, and the emirates offer several registries for wills, but a person who has done nothing remains subject to the default.

Governing laws

• The Personal Status Law, now Federal Decree-Law No. 41 of 2024, which the UAE courts apply by default.
• Article 17 of the Civil Transactions Law (Federal Law No. 5 of 1985, as amended), which allows a foreigner to choose the law of his nationality for his estate, subject to the rules on UAE property.
• Federal Decree-Law No. 41 of 2022 on civil personal status for non-Muslims, including Article 11 on wills and inheritance, which lets a non-Muslim leave the estate as he wishes.
• In Abu Dhabi, the emirate's own civil family law and the wills registry of the Judicial Department.

What can go wrong without a will

• The assets may not be distributed as the deceased wished.
• Bank accounts, including joint accounts, can be blocked until a succession certificate is issued.
• Vehicles owned by the deceased cannot be transferred or sold in the meantime.
• The guardianship of minor children is decided by the court rather than by the parents' choice of a permanent and a temporary guardian.
• For a business owner, the shares in the company pass under the default rules, which can leave the business without a clear decision-maker. Business succession should be part of the will.

Registration and notarisation of wills

A will can be registered with the Abu Dhabi Judicial Department, the Dubai Courts, the DIFC Wills Service Centre or the ADGM. Each registry has its own requirements as to language, form and witnesses, and each is suited to different circumstances; the DIFC registry, for example, is in English and open to non-Muslims with assets anywhere in the UAE.

It is in the interest of every expatriate in the UAE to draft a will in advance, according to their wishes and the personal law of their home country that they would prefer to apply. A lawyer can prepare a properly drafted will and arrange its notarisation or registration in the UAE.

What we need to prepare your will

• A valid passport copy and Emirates ID of the testator.
• Proof of ownership of any property in the UAE, such as the title deed.
• Details of assets in the UAE: vehicle registration, bank accounts and insurance policies.
• If you wish a particular share of your assets to go to a particular person, the details of that person: nationality, relationship, country of residence and passport where possible.
• The executor of the will, in case neither spouse is alive. This can be anyone you trust; please provide the same details.
• Any wish to leave funds to a charity or association of your choice.

To book an appointment with a wills specialist, contact our team at contact@thelawyers.ae or through the consultation form on this site.