Overview of the Wills in the UAE

Planning for the future isn’t just about growing wealth—it’s also about protecting it and ensuring it ends up in the right hands. While many people avoid thinking about estate planning, the reality is that having a legally registered Will is one of the most important steps to safeguard family, assets, and legacy.

In the UAE, failing to have a registered Will can result in significant legal and practical challenges, including the following:

1. Without a Will, the distribution of assets after death can become a lengthy, expensive, and complex legal process. This may result in assets not being allocated according to the deceased’s intended wishes.

2. In the absence of a Will that names a legal guardian, the courts will decide who will care for minor children. This decision may not reflect the wishes of the parents and can cause additional emotional and legal complications for the family.

3. Joint ownership of property does not guarantee automatic transfer to the surviving spouse. Without a Will, the surviving spouse may face legal hurdles in securing their rights to jointly held assets.

4. For entrepreneurs and business owners, a lack of estate planning can jeopardize the continuity of the business. Without a Will or succession plan, shares in a company may be frozen or distributed in a way that undermines the business’s future.

Given these risks, drafting a Will ensures assets are distributed as intended.

The UAE offers several options for drafting and registering a Will, including:

• Dubai International Financial Centre (DIFC) Wills Service

The DIFC Courts Wills Service offers different types of wills, including:

- Full Will: Covers asset distribution and appoints guardians for minor children.
- Property Will: For up to five real estate properties or shares in those properties.
- Guardianship Will: Appoints guardians for minor children, subject to eligibility requirements.
- Financial Assets Will: Includes up to ten bank or brokerage accounts registered solely or jointly in the testator's name, with accounts held at UAE banks or firms.
- Business Owners Will: Covers up to five shareholdings in any UAE onshore or free zone company.
- Digital Assets Will: Covers the distribution of digital assets in the will.

Drafted in English, these Wills are registered entirely online through the DIFC Courts Wills Service, offering a streamlined and secure process. One of the key advantages of a DIFC Will is that it can cover not just assets within the UAE, but also assets located worldwide, providing global coverage for the testator’s estate.

• Dubai Notary Public

A Dubai Notary Will is a legally binding document, drafted in both Arabic and English, and notarized by the Notary Public in Dubai. It can be executed either online or in person, offering flexibility in the process. Governed by the UAE Civil Law system, this Will covers assets located solely within the UAE, making it a suitable option for those with assets in the country.

• Abu Dhabi Judicial Department (ADJD)

The ADJD Wills Registry operates under the jurisdiction of the Abu Dhabi Courts and follows civil law principles. A key benefit of the ADJD Will is its ability to cover assets globally, offering comprehensive estate planning. The process is conducted entirely online, and the Will is drafted in both Arabic and English.

Alongside other notable differences between the available Will options—such as the scope of asset coverage, the registration process, and the language in which the Will must be drafted—the most significant distinction lies in the ADJD Wills Registry. The ADJD Wills Registry specifically allows Muslim residents in the UAE to register Wills, granting them the ability to allocate 100% of their estate according to their personal wishes. This means Muslim residents in the UAE can now ensure that their entire estate is distributed in line with their preferences.

Rasma Legal specializes in wealth planning and succession planning, providing clients with expert guidance on the drafting and registration of wills. Our team works closely with clients to design tailored solutions that ensure the smooth transfer of wealth, safeguarding their assets and securing their legacies for future generations. We help clients navigate the intricacies of inheritance laws, ensuring their wishes are fulfilled with efficiency and clarity.