For expatriates with assets or family connections in the UAE, a properly prepared and registered Will can provide greater clarity over the distribution of UAE assets and, where permitted, guardianship preferences for minor children. The appropriate solution depends on nationality, religion, residence, family circumstances, the nature and location of assets, and the registration framework selected.

Understand The Applicable Legal Framework

 The law of a person’s home country does not automatically govern assets located in the UAE. The applicable framework may involve UAE civil personal-status legislation, home-country law, DIFC law or other relevant rules, depending on the individual’s circumstances and the location of the assets. Depending on eligibility, a Will may be registered through the DIFC Courts Wills Service, the Abu Dhabi Judicial Department’s Civil Wills framework, or another applicable court or notarial route. These options differ in eligibility, territorial scope, procedure and legal effect.

Identify The Assets Covered

Consider all relevant assets, including:

• UAE and overseas
• Bank accounts, investments and brokerage
• Company shares, free-zone company interests and other business
• Other personal assets and property

Confirm how jointly owned assets, mortgages, company interests and overseas assets should be addressed. A UAE Will should not automatically be assumed to cover assets in other countries; recognition, transfer or administration of foreign assets may depend on the laws and procedures of the relevant jurisdiction.

Choose The Appropriate Registration Route

Available options may include the DIFC Courts Wills Service, the Abu Dhabi Judicial Department’s Civil Wills framework, Dubai Courts or other notarial arrangements, where available and appropriate. The DIFC Courts Wills Service is available to eligible non-Muslims and is particularly relevant for persons with assets in, or minor children residing in, Dubai or Ras Al Khaimah. The ADJD Civil Wills framework may be available to non-UAE citizens, subject to its eligibility and registration requirements. Assess each option based on eligibility, territorial scope, assets, beneficiaries, distribution plans and procedural requirements—not only cost or convenience.

Choose Beneficiaries

Specify who should inherit and how the estate should be distributed. Consider:

• Spouse, children, parents and other family
• Specific assets or
• Substitute beneficiaries if a beneficiary dies before the
• Special arrangements for jointly owned property or family

Instructions must comply with the applicable law and registration requirements. For Muslim individuals, inheritance and Will-related rules may differ materially and may include limits on testamentary dispositions; tailored legal advice is important.

Appoint An Executor

Choose a trustworthy person who can manage financial and administrative matters and coordinate with UAE authorities, institutions, beneficiaries and advisers. Consider appointing a substitute executor. Eligibility, powers and responsibilities depend on the relevant legal framework and the terms of the Will.

Make Arrangements For Minor Children

Depending on the applicable framework, a Will may allow parents to express guardianship preferences for minor children. Consider the proposed guardian’s willingness, residence, relationship with the children and ability to provide a stable home. A guardianship nomination is not an absolute guarantee of appointment, as the competent authority’s powers remain relevant.

Coordinate with any home-country Will

Review existing Wills before preparing a UAE Will. Multiple Wills can conflict, revoke one another or contain inconsistent instructions. If separate Wills are maintained for different jurisdictions, obtain advice on coordinating them and check any revocation clauses carefully.

Consider debts and ownership structures

Loans, mortgages, guarantees, business obligations and other liabilities may affect the estate. Assets held through companies or other structures may require separate corporate, shareholder or succession arrangements. Consider whether shareholder agreements, family arrangements, foundations, trusts or other succession documents affect the ownership or transfer of business interests.

Keep the Will updated

Confirm that the Will meets the requirements for execution, registration, witnesses, language and supporting documents. Review it after major life events, such as marriage, divorce, the birth or adoption of a child, significant acquisitions, business restructuring or a change in residence. Amendments and revocations should follow the applicable formalities.

Review the wider estate plan

Estate planning should be reviewed periodically as family circumstances, assets and residence change. Ensure that the Will and other arrangements remain consistent across jurisdictions and do not create unintended conflicts.

Conclusion

A properly prepared and registered Will can help expatriates provide clarity over the distribution of their UAE assets, express guardianship preferences where permitted, and reduce uncertainty in the administration of their estate. The right solution depends on individual circumstances and should address assets, beneficiaries, executors, guardianship, liabilities, business interests and overseas arrangements.

Need assistance with preparing a Will in the UAE?

We at MBG can assist with understanding available options, reviewing estate-planning requirements and coordinating appropriate documentation, subject to the firm’s authorised scope of services and applicable professional requirements.

Disclaimer

This article is intended for general information only and does not constitute legal advice. The applicable law, eligibility criteria, registration requirements and legal effect of a Will should be assessed on the facts of each case.