Wills for Non-Muslims in the UAE
Ensuring Your Wishes Are Respected
For non-Muslim expatriates living in the UAE, having a registered will is not just advisable—it is essential. Without a valid will, your assets in the UAE may be distributed according to Sharia law upon your death, which may not align with your wishes or the inheritance laws of your home country. The UAE has established specialized will registries, such as the DIFC Wills and Probate Registry and the ADGM Wills Service, specifically to allow non-Muslims to ensure their assets are distributed according to their own intentions
Why Non-Muslims Need a UAE Will
Default Application of Sharia Law: In the absence of a registered will, UAE courts may apply Sharia inheritance principles to the estates of non-Muslims. Under Sharia law: – Specific shares are allocated to designated heirs (e.g., spouse, children, parents). – A surviving spouse may receive a smaller share than expected under Western inheritance laws. – Male heirs may receive larger shares than female heirs.
Asset Freezing: Upon death, bank accounts and assets are typically frozen until the estate is settled through the courts. Without a will, this process can be lengthy and complicated, leaving your family without access to funds.
Guardianship of Children: If you have minor children, a will allows you to appoint guardians of your choice. Without a will, guardianship decisions may be made by the court.
Options for Non-Muslims
- DIFC Wills and Probate Registry (Dubai & Ras Al Khaimah): – Allows non-Muslims to register wills governed by their chosen law. – Covers assets in Dubai and Ras Al Khaimah. – Enforced through the DIFC Courts. – Offers various will types: Full Will, Property Will, Financial Assets Will, Guardianship Will, Business Owners Will.
- ADGM Wills Service (Abu Dhabi): – Similar service for non-Muslims with assets in Abu Dhabi. – Wills are registered and enforced through the ADGM Courts.
- Local Court Notarized Will: – A will can be notarized through UAE local courts. – Enforceability may be less predictable than DIFC or ADGM wills.
What Can Be Covered in a UAE Will?
- Real Estate: Properties owned in Dubai, Abu Dhabi, or Ras Al Khaimah.
- Bank Accounts: Funds held in UAE banks.
- Investments: Stocks, bonds, and other investments held in the UAE.
- Business Shares: Ownership stakes in UAE companies.
- Personal Property: Vehicles, jewelry, and other personal assets.
- Guardianship: Appointment of guardians for minor children.
The Process
- Consultation: Consult with a legal professional specializing in UAE wills.
- Drafting: The will is drafted according to your wishes.
- Registration: The will is registered with the DIFC, ADGM, or local court.
- Safekeeping: The registry securely stores your will.
How T4ME Can Help
We provide guidance on the importance of wills for non-Muslims and can connect you with specialized legal professionals to draft and register your will.