UAE Property and Inheritance: Is a Home Country Will Enough?
As the United Arab Emirates (“UAE”) continues to attract international investors and residents, questions regarding succession planning for locally held assets have become increasingly relevant. A common misconception is that a will executed in one’s home country will automatically be recognized and enforced in the UAE. However, the enforceability of foreign wills faces several legal and procedural challenges under the UAE laws.
Succession Framework in the UAE
Inheritance in the UAE has drastically changed over the past years. This matter is currently governed by the Federal Decree-Law No. 41/2024 on the Issuance of Personal Status Law (“Law No. 41/2024”)and the Federal Decree-Law No. 41 of 2022 on Civil Personal Status for non-Muslims (“Law No. 41/2022”). Additionally, Federal Law No. 5 of 1985(“Civil Transactions Law”) still contains some relevant provisions.
Recent reforms have provided more flexibility to non-Muslim expatriates. Under Article 11 of Law No. 41/2022, the devolution of the succession of a non-Muslim resident in the UAE or having assets in the UAE is not anymore automatically governed by Sharia principles although some principles may still apply in some instances. In the absence of a will, the legal heirs would be primarily the surviving spouse and the children, without gender distinction. Article 11 (3) of Law No. 41/2022 reserves the possibility for any heir of a foreigner to seek application of the national law in accordance with the provisions stipulated in the Civil Transactions Law, unless there is a registered will to the contrary.
Prima facie, non-Muslims may therefore request the application of their national law to matters related to inheritance and wills. Nevertheless, relying solely on a foreign will without completing certain formalities remains problematic from a UAE legal perspective. We will see hereafter the main challenges that family relatives may face after the passing of their loved ones to enforce a foreign will.
Challenges in Executing a Foreign Will
Although the UAE legal framework allows for the application of foreign succession rules, executing a foreign will involves several obstacles:
- Recognition and Legalization Requirements:
Foreign wills must be duly notarized and attested in the home country, then legalized by the UAE Embassy in that country, and further attested locally in the UAE. Additionally, an official Arabic translation is required. - Probate Process in UAE Courts:
Local courts retain discretion to examine whether a foreign will complies with UAE public order provisions. Even where a foreign will is accepted, administrative procedures can lead to significant delays, during which bank accounts and property may be frozen. - Risk of Partial Application of Sharia Law:
In situations where legal uncertainty or procedural gaps arise courts may turn to Sharia principles for guidance. This is particularly relevant where local assets are involved or in relation guardianship questions if the deceased person was a father living in the UAE with his family, leaving minor children behind. - Complexity Regarding Real Estate Assets:
Where UAE real estate is concerned, the absence of a locally registered will may complicate the registration of ownership changes with the corresponding Land Department.
Options Available to Non-Muslims
To mitigate these risks, non-Muslim expatriates and foreign investors may consider the following mechanisms to complement their home country will for their UAE assets and address guardianship questions:
- DIFC Wills Service Centre (“DIFC Wills Centre”)
Governed by DIFC Wills and Probate Registry Rules of 30 June 2019 based on English law, non-Muslims may register DIFC wills through the DIFC Wills center either to cover one specific type of assets or to encompass all inheritance-related matters in a full DIFC will. The DIFC Courts shall have exclusive jurisdiction for the probate process, ensuring that testator's wishes are respected. - Abu Dhabi Judicial Department (ADJD) Wills Registry:
Governed by Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects (as amended), non-Muslims can register wills trough ADJD Non-Muslim Wills Office to distribute their assets across the UAE as they deem fit. The ADJD will administer probate in accordance with the testator’s instructions, subject to compliance with local formalities. - Local Notarized Wills:
Alternatively, non-Muslims may execute a notarized will through a UAE notary public, although this route typically offers less flexibility than the DIFC or ADJD options.
Each of these mechanisms requires adherence to specific procedural requirements and incurs certain registration costs.
Takeaways
While UAE laws have recently evolved to provide greater protection to non-Muslim expatriates in relation to inheritance matters, relying solely on a will made in a foreign jurisdiction for their UAE assets can expose their heirs to unnecessary administrative delays, judicial uncertainties, and possible partial application of Sharia principles in some instances.
The proactive registration of a will in the UAE — particularly through the DIFC or the ADJD — provides greater certainty and procedural efficiency, ensuring compliance with local legal requirements. It facilitates the smooth devolution of the UAE estate to the testator’s designated heirs in accordance with their wishes and instructions expressed in a will duly registered in the UAE, while minimizing unnecessary complications and additional formalities during an already difficult time for family members. Seeking further legal advice when it comes to succession planning with cross-border aspects is advisable. Our team is at your disposal to discuss further your personal circumstances for the preparation and registration of a UAE-compliant will tailored to your personal needs.
Alejandra Esmoris | Head of Private Clients