A comprehensive guide for Wills under UAE Laws

This Article is authored by Ms. Shweta Tewari (Managing Partner) at SGT Associates (Lawyers & Advocates) | August 8, 2023 at IST 1:45 P.M

A Will is a legal document that outlines how a person’s assets and property will be distributed after their demise. Additionally, it can designate a guardian for any minor children and name an executor responsible for managing the estate’s distribution. Unlike other countries, the United Arab Emirates is not a member of the Hague Convention and has its own distinct rules and regulations for Will execution. Abu Dhabi introduced a new law in 2021 to regulate family matters based on civil and non-religious principles, including civil wills and inheritance. A Non-Muslim person can register his/her Will in UAE with any of the three authorities i.e. Dubai International Financial Centre (DIFC) Will Registry, Abu Dhabi Judicial Department and Dubai Courts.

Procedural and Substantive information for Wills in UAE:

Jurisdiction: The jurisdiction of Dubai Courts is extended to the entire country and is applicable in all seven emirates whereas the jurisdiction of Abu Dhabi Judicial Department is extended to assets throughout UAE but the jurisdiction of DIFC Will Registry is only limited to Emirates of Dubai.
Required Documents: The documents required to register a will under Abu Dhabi Judicial Department and Dubai Courts only require a) original copy of the Emirates ID and the passport of the testator; b) Will draft (sufficient number of copies); and c) original and copy of the sufficient proofs evidencing the title of the bequeathed properties; whereas, DIFC Will Registry requires a) official ID(s) of the witnesses; b) unsigned draft Will; c) Emirates ID and passport copy of the testator; and d) proof of payment.
*Additional documents may be required as per case-to-case basis
Registration Process:
- DIFC Will Registry: The first step of the process is drafting of a Will in accordance with UAE laws by a DIFC registered legal practitioner after which an appointment should be booked either online or through mobile application. Once the officials
  approve the Will, it will be uploaded on the system for affixing electronic signatures and for making payments.
- Abu Dhabi Judicial Department: The first step is to submit an application along with the requisite documents either in person or through virtual facilities after which an SMS is sent to the applicant regarding the status of the application. Then the
  applicant needs to pay the prescribed fees whenever he/she is notified. After the completion of payment, the applicant should contact the Non-Muslims Wills and Probates office to schedule an appointment for the submission of original documents and probation of Wills.
- Dubai Courts: Firstly, a will must be drafted in compliance with UAE laws after which it shall be submitted to Dubai Courts either in person or through online facilities. After the submission of application, the applicant needs to appear before the Dubai Courts on the scheduled date and time for signing and finalization of all the will formalities.
Cost Involved: All three authorities have different cost for registration of Single Wills and Mirror Wills, which can be found in the below table

Particulars	DIFC Wills Registry	Abu Dhabi Courts	Dubai Courts
Single Will	AED 10,000	AED 950	AED 2167
Mirror Will	AED 15,000	AED 1900	AED 4334

Note: Costs may vary on case-to-basis

Special Conditions: For the registration of Will at Abu Dhabi Judicial Court, the documents need to be in Arabic, translated by a legal translation office certified by the Ministry of Justice. Power of Attorney (limited to making wills and subject to conditions of wills) is a requisite in the event. Dubai Courts also requires the documents to be submitted in Arabic, translated by a legal translation office certified by the Ministry of Justice.
Demise without Registration of Will: According to Article 11 (2) of Law No. 14 of 2021, in the event of a non-UAE resident passing away without a Will, the distribution of assets follows a specific method. The surviving spouse will receive half of the inheritance, and the other half will be equally distributed among the children, without any distinction of genders. If the deceased has no children, the remaining inheritance will be shared equally between the deceased’s parents. In the case where one of the parents is deceased, the remaining parent will retain their half share, while the other half will be divided equally among the deceased’s siblings. If both parents have passed away, the remaining inheritance will be divided equally among the siblings, without any gender-based differences