Welcome back to Lawgical, where we untangle the legal knots so that you do not have to. I am Ludmila Yamalova, a U.S.-qualified lawyer based in Dubai. In each episode, we break down complex law into clear, practical insights that you can actually use.

In today’s episode, we will talk about estate planning in the UAE.

At a high level, estate planning is the legal and strategic process of organizing how your assets, responsibilities, personal affairs, and even matters relating to your children will be managed after your passing. Some of the most relevant questions that usually come up are:

• Who takes care of your children?
• Who inherits your assets?
• Who makes sure your wishes are carried out after your passing?
• How are your debts and liabilities handled?

This is an important topic to discuss in the UAE because it is a very multilayered and complex area of law, especially compared to many other jurisdictions.

In many countries, there is a certain degree of predictability in terms of who will inherit what upon passing, whether you have a will or not. For example, in many cases in the United States, when one spouse in a married couple dies, the default position is that the surviving spouse inherits the assets. In other countries, the assets may pass primarily to the children. In yet other countries, it is almost impossible to disinherit children, meaning they will inherit in one way or another regardless of the circumstances.

Different countries have different approaches to inheritance. The UAE is particularly more complex. In fact, today it is much more complex than before. I will take you on a little trip down memory lane because things are very different now from where they once were. As we have this discussion today, the topic is far more complex because the UAE’s approach to inheritance has evolved significantly. In a way, it now brings many of these different inheritance concepts into play within one jurisdiction.

What Are the Different Estate Planning Options?

Broadly speaking, there are two categories:

1. No Will

If someone passes away without a will, there is no roadmap that clearly sets out how the courts or administrators should handle and distribute that person’s legacy after death.

2. A Will

If you have a will, then you have a roadmap. You have already decided, before passing, which assets should go to which people, how guardianship or custody of children should be handled, and how other aspects of your estate should be managed. We will talk about both categories and the different laws that may apply.

Generally speaking, today’s discussion will focus on the importance of having a will, particularly in a place like the UAE. That is because the legal framework here is extremely complex, both in terms of the laws that may apply and the options that may be available if you do not have a will. So, most of this discussion will focus on:

• the importance of wills; and
• the types of wills that exist in the UAE.

Before we delve into that, however, let me first explain what happens if you do not have a will at all.

In many countries, if the family dynamic is relatively simple, you almost do not need a will because the law itself provides a structure and certain protections. In the UAE, however, for obvious reasons, the situation is different.

Why Estate Planning Is More Complex in the UAE

The majority of people in the UAE are not UAE nationals. They are residents from many different countries, and they may want different laws to apply. That is one layer of complexity. Another is that many residents here have very mixed backgrounds and family dynamics. Couples may come from different:

• countries
• jurisdictions
• cultures
• religions

Many have also had previous relationships, previous marriages, or children from earlier marriages, sometimes even multiple marriages. So matters become much more complex. For example:

• A husband may be from France.
• A wife may be from Zimbabwe.
• The husband may have children from a previous relationship in Canada.

Which law applies in that case?

That is precisely why, over the last several years, the UAE has become much more open and flexible in terms of the estate planning options available to residents with these kinds of complex family situations. On the one hand, the UAE has become more flexible and more accommodating. On the other hand, because of that flexibility, there are now many more options “on the menu,” so to speak. That is why it is so important for people who live here to educate themselves and understand those options so they can make the right choices for their particular family dynamics.

The Legislative Framework: Personal Status Law

When we talk about estate planning in the UAE, we are essentially talking about what is generally known as Personal Status Law. Personal Status Law covers different aspects of family life, including:

• marriage
• prenuptial agreements
• the legal terms of marriage
• custody
• guardianship
• divorce
• inheritance

So inheritance falls under this broader personal status framework.

The Historical Position Before 2017

Until 2017, the UAE effectively had only one main inheritance framework.

There was one UAE Personal Status Law, which is a federal law, meaning it applied across the country. The UAE follows a civil law legislative system, but that personal status law was based on principles of Sharia. That meant that, upon someone’s passing, inheritance matters were generally handled according to Sharia-based principles.

A Limited Foreign Law Option

That same law did contain provisions that allowed non-UAE nationals to choose the law of their own country. However, that option had two major complications:

1. Real Estate Was Carved Out

There was a separate law that excluded real estate from the application of foreign law. Anything attached to land would be governed by the law of the land, which in practical terms meant the UAE framework based on Sharia principles. So even if someone tried to apply foreign law or had a foreign will, UAE real estate would still be carved out from that application.

2. Practical Difficulty in Applying Foreign Law

Even where the law technically allowed the application of foreign law, it was very difficult in practice.

Why? Because you would effectively have to educate a UAE judge about the inheritance law of another country, such as:

• Canada
• Australia
• the United States

And in common law countries such as the U.S. or the U.K., much of the law is not codified in one statute but is based on case law. Take the U.S. as an example:

• There are many states.
• Inheritance laws differ from state to state.
• Much of the law is case-law based.

So how do you educate a UAE judge on the inheritance rules of a particular U.S. state and the relevant body of case law?

In practical terms, it was extremely difficult.

The Indian Law Exception

There were a few exceptions, particularly involving Indian expats. Because Indian expats have had a very long-standing presence in the UAE, and because those issues had arisen often enough, local courts became more familiar with Indian law. So there was a more realistic chance that Indian law could be understood and applied.

Still, in the overwhelming majority of cases, the only practical option was the UAE Personal Status Law based on principles of Sharia.

The 2017 DIFC Breakthrough

In 2017, Dubai introduced a new option through the DIFC Courts. DIFC stands for the Dubai International Financial Centre.

Dubai legislators created a law that allowed non-Muslim expats with assets in Dubai to opt into the jurisdiction of the DIFC Courts, which operate as a common law jurisdiction within the UAE legal system.

This was a significant development because the DIFC regime allowed non-Muslim expats to register wills, including wills covering real estate in Dubai. That was important because it effectively overrode the earlier rule that had carved out real estate from foreign law application.

So from 2017 onward, non-Muslim expats with assets in Dubai were no longer solely dependent on the UAE Personal Status Law. However, this option was still limited because:

• it only applied to non-Muslims; and
• it was originally focused on assets in Dubai.

That meant it did not help many Muslim expats, and it did not initially solve the broader issue for residents with assets elsewhere.

Abu Dhabi’s Civil Law Breakthrough

Then Abu Dhabi introduced a major development of its own.

It created a law commonly referred to as the Civil Marriages Law and Its Effects, which was effectively a civil personal status law.

Originally, when the law was introduced around the end of 2020, it was framed as applying to non-Muslim expats. But literally within two or three months, the title changed and the restriction to non-Muslim expats was removed.

In practical terms, this opened up the possibility for people outside Dubai to register a civil will with the Abu Dhabi Judicial Department (ADJD). This was a major turning point.

Why This Was So Significant

This Abu Dhabi law eventually opened the door for Muslim expats as well to opt for a civil will, rather than only relying on a Sharia-based inheritance framework. So now the UAE landscape had expanded significantly:

• UAE Personal Status Law
• DIFC Wills regime
• Abu Dhabi civil personal status framework through ADJD

DIFC Also Expanded Over Time

The DIFC framework also evolved.

At one point, through an MOU with Ras Al Khaimah, assets in Ras Al Khaimah could also be included in a DIFC will. Eventually, the DIFC regime expanded to cover all UAE assets, and now even global assets can be included.

So the DIFC option still exists, and it has become much broader in terms of what assets can be included. However, it remains limited to non-Muslims.

Federal UAE Civil Personal Status Law

After Abu Dhabi led the way, the UAE federal government introduced its own civil personal status law.

In effect, Abu Dhabi paved the path, and the federal law followed. Today, the Abu Dhabi civil law remains somewhat more established and detailed than the federal civil personal status law, but the federal framework now gives another option to those seeking civil estate planning solutions.

The 2024 Reform of the UAE Personal Status Law

Most recently, in 2024, the UAE amended its original Personal Status Law. This reform made the law:

• more modern
• more flexible
• more open-minded

It expanded the options available to foreigners and non-Muslim nationals in terms of the law they may choose to apply to their estates. For example, the amended law allows:

• the option of bringing in foreign law;
• in some cases, the option of choosing Islamic law from one’s own country; and
• generally easier enforcement of foreign wills.

Where Things Stand Today

This historical overview matters because it shows just how much things have changed.

Until relatively recently, the options were very limited. Today, however, there are multiple possible legal frameworks that may apply if someone dies in the UAE, whether they have a will or not.

In summary, there are now effectively six possible options:

1. UAE Personal Status Law based on principles of Sharia
2. UAE Civil Personal Status Law
3. DIFC law
4. ADJD law
5. Foreign law
6. A foreign will, which is different from foreign law

That is a full buffet of options.

And that is exactly why it is so important for residents and families in the UAE to understand the options and choose the one that best suits their family circumstances.

Important Clarification: These Options No Longer Apply Only to Non-Muslims

Until recently, I would have said that these choices mostly applied only to non-Muslims. But that is no longer entirely the case. That is because:

• the ADJD civil framework allows Muslim residents to have a civil will; and
• the amended UAE Personal Status Law also allows Muslim expats to choose the law of their own country.

The one important limitation is that UAE Muslim nationals still effectively only have one option: the UAE Personal Status Law based on principles of Sharia. By contrast, UAE non-Muslim nationals and many residents now have much broader options.

Do You Even Need a Will?

A very common question is:

“Do I really need a will? In my home country I do not have one, and I more or less know how my estate would be distributed.” The answer in the UAE is: yes, it is strongly advisable.

Why? Because there are now so many possible legal routes, and without a will, there may be uncertainty about which law will apply and how your estate will ultimately be handled.

Let me explain what happens if you do not have a will.

If You Have No Will

Default Position

If you have no will, the default position is generally the UAE Personal Status Law based on principles of Sharia.

For Non-Muslims

If you are a non-Muslim, there may also be options to rely on:

• the UAE Civil Personal Status Law
• the Abu Dhabi civil personal status law if applicable
• foreign law

For Muslims

If you are a Muslim resident, there may be the option of relying on:

• the UAE Personal Status Law
• foreign law, especially under the reformed framework

Foreign Judgment / Foreign Probate

There is also another route: if probate proceedings take place in another country and a court there issues a decision about how the estate should be distributed, that foreign judgment may now be brought to the UAE and enforced here. For example:

• someone dies in Belgium;
• probate is completed there;
• the Belgian court issues a decision;
• that judgment can then be brought to the UAE for enforcement.

That becomes a matter of enforcing a foreign judgment, rather than opening a fresh inheritance case in the UAE. This is an important development because UAE law has also evolved substantially in terms of the enforcement of foreign judgments. What was once extremely difficult is now much more established and practical.

Foreign Wills

Similarly, if someone has a will in another country, such as Scotland, it may now be possible, depending on how it is structured, to bring that will to the UAE and enforce it through an order on petition or similar mechanism. In practical terms, we have seen wills from:

• Belgium
• Scotland
• France
• Switzerland
• England
• Slovakia

The ability to enforce them in the UAE varies depending on the country and the structure of the will.

For example:

• a Scottish will was enforced relatively quickly;
• a Swiss will proved much more difficult;
• a Slovakian will has taken much longer.

So while the option exists, it is often:

• time-consuming
• uncertain
• administratively complex

That is another strong reason to have a UAE-based will.

If You Have a Will

Now let us move to the other side of the equation. If you do have a will, then for now you effectively have multiple local options.

For Non-Muslims

A non-Muslim currently has at least three options in the UAE:

• DIFC
• ADJD
• potentially the UAE Civil Personal Status Law route, although this is still developing in practical terms

For Muslims

A Muslim resident currently has one main practical local option:

• ADJD civil will

That is because:

• DIFC remains restricted to non-Muslims; and
• the federal civil law route is still, in practical terms, more closely associated with non-Muslims

Foreign Will Option

For both Muslims and non-Muslims, there is also the option of enforcing a foreign will in the UAE. However, in practical terms, a local UAE will is usually much more predictable and efficient.

Why Having a Will Matters

The reason having a will matters is that it gives clarity about:

• what law will apply
• who gets what
• how children will be cared for
• how your legacy will be managed

Without a will, the result may be quite different from what you actually want.

The UAE Personal Status Law and Sharia Principles

The UAE Personal Status Law is based on principles of Sharia, and inheritance under that framework is quite complex. There are specialized calculations used to determine the fractions of an estate that go to different heirs. At a very high level:

• male heirs generally receive a larger share than female heirs in equivalent categories;
• sons, for example, receive more than daughters;
• the law prioritizes certain classes of heirs, often beginning with male descendants and then moving upward or sideways in the family line;
• parents may inherit;
• siblings may inherit;
• grandparents may inherit;
• uncles may inherit in certain situations

This is a highly technical area, and a proper Sharia inheritance calculator is often required.

Additional Sharia-Related Rules

Some additional principles include:

• You generally cannot freely will your estate under Sharia in the way many people assume.
• You may only will up to one-third of your estate to a non-heir.
• Even that may require the approval of the other heirs.
• Non-Muslim family members do not inherit under Sharia.

For example, if a Muslim man marries a non-Muslim woman, and she does not convert, she may not inherit from him under Sharia principles. In that kind of case, one-third of the estate could potentially be willed to her, but that still involves limitations. This is one reason why some Muslim expats may prefer a civil will.

UAE Civil Personal Status Law

The UAE Civil Personal Status Law is much newer. At a high level, if there is no will, and this law applies, the distribution is generally:

• 50% of the estate goes to the spouse
• the remaining 50% is divided equally among the children

For example, if a husband dies and leaves behind:

• a wife
• one son
• two daughters

then under this civil law:

• 50% goes to the wife
• the remaining 50% is divided equally among the three children

That is a very different distribution from a Sharia-based framework.

Bringing in Foreign Law

Another possibility, where there is no will, is to bring in the law of the deceased person’s home country.

For example, if a New Zealand resident living in the UAE passes away, their heirs may seek to apply New Zealand law rather than UAE law. This option now exists more clearly under the amended Personal Status Law. However, it remains practically difficult because the family would still need to educate a UAE judge about the content and application of that foreign law. That process may be:

• expensive
• time-consuming
• emotionally difficult for the family
• uncertain in outcome

And keep in mind: at that point, the family is already dealing with grief and, in many cases, they may not even live in the UAE themselves. So while foreign law is possible, that does not make it the easiest path.

Enforcing a Foreign Probate Judgment

Another option, if there is no will, is to rely on a foreign probate judgment. For example:

• probate takes place in India or Kenya;
• a court there decides how the estate should be divided;
• that judgment is then brought to the UAE and enforced here.

Again, this route can work. So if someone dies without a will, all is not lost.

This is important because for many years there was a misconception among expats that if someone died without a will, their estate would go to the government. That was never really the case, and it certainly is not the case today. The issue is not that the estate disappears. The issue is that the route may become much more complex and uncertain.

Local UAE Wills: Main Practical Options

At present, the two main local will options are:

• DIFC — for non-Muslims
• ADJD — for Muslims and non-Muslims who are residents

A broader federal civil law will framework may also emerge more fully over time, but in practical terms, DIFC and ADJD are the two major routes today.

DIFC vs ADJD

DIFC

• Available to non-Muslims only
• Can include global assets
• Conducted in English only
• Highly digitized
• Allows updates and amendments

ADJD

• Available to Muslims and non-Muslims, but generally for residents
• Available in English and Arabic
• Much cheaper than DIFC
• Also digital and efficient
• Does not really allow amendments in the same way; changes often require reissuing the will

Cost Comparison

DIFC

• Typically between AED 10,000 and AED 15,000 per will
• Some template wills are available for around AED 5,000

ADJD

• Around AED 950 to AED 1,000
• Additional translation costs may apply because the will must also exist in Arabic

At first glance, DIFC looks dramatically more expensive, and it is. However, an important nuance is that the DIFC fee also covers the probate proceedings later on. So the initial fee includes the court process required to probate and enforce the will after death. That is an important distinction.

Amendment and Update Rules

DIFC

A DIFC will can be:

• updated without formal amendment if you are only adding data points, such as:
  • a new property
  • a new bank account

This is generally done by notifying the DIFC.

If you want to amend the will in substance, for example:

• change a beneficiary
• change an executor

then the amendment typically costs around AED 500.

ADJD

ADJD does not really offer the same amendment flexibility. If you want to change the will, you generally have to go through the process again and reissue it.

Marriage and Divorce Effects in DIFC

Under the DIFC regime:

Marriage

If you make a will and later get married, the marriage revokes the will.

So if someone registers a will and then marries three years later, they will need a new will.

Divorce

If someone gets divorced after making a will, the divorce does not invalidate the entire will, but it may invalidate the gift to the former spouse.

So if the will states that the spouse inherits a certain percentage, and then the couple divorces, that gift to the ex-spouse may fail.

ADJD does not have these same restrictions in the same way.

What Goes Into a Will?

A will usually contains at least six major components:

1. Beneficiaries / heirs
2. Executors
3. Assets
4. Special conditions
5. Special wishes
6. Children / guardianship

Let us break those down.

1. Beneficiaries / Heirs

These are the people who inherit your estate. Generally, it is advisable to include alternative beneficiaries. For example:

• first choice: mother
• if mother is no longer alive: father
• if father is no longer alive: uncle and aunt

Or:

• all children inherit equally
• if one child is not alive, that share passes to the remaining children
• if that fails, it may pass to nieces and nephews

There is no requirement that beneficiaries must be blood relatives. You can name anyone, including:

• neighbours
• friends
• household staff

Some clients even choose to designate housekeepers as beneficiaries of certain assets.

2. Executors

Executors are the people who will manage the estate after your passing. They are effectively the trustees or administrators who will:

• file the proceedings
• coordinate with authorities
• handle documents
• help transfer assets
• communicate with heirs and beneficiaries

It is advisable to name multiple alternative executors.

Because this is the UAE, it is often helpful to have someone locally based here, given how nuanced the system can be. That said, executors can delegate practical tasks to others, such as lawyers. This is often where law firms step in to help administer the estate and complete the probate and transfer process.

Until recently, executors generally had to be at least 21 years old, but that has now changed to 18, in line with the UAE’s revised age of majority.

3. Assets

You can include:

• UAE assets
• global assets
• real estate
• physical assets
• financial assets
• digital assets

You can make the description:

• very general
  • for example: “all my assets, wherever located”
• or very specific
  • title deeds
  • bank account details
  • photos of jewellery
  • art inventories

You can also distinguish between:

Specific Gifts

Example:

• “I want this specific watch to go to this specific person.”

Residual Estate

Example:

• “The remainder of my estate shall be distributed as set out above.”

4. Special Conditions

You may also include special conditions in your will. For example:

• provision for living parents
• funds to be paid monthly for a parent’s retirement home
• a right for parents to continue living in a certain property
• conditions tied to inheritance

In the DIFC, you can even include elements that resemble a trust-like structure. For example, you might say:

• a child only inherits after reaching a certain age
• a child only inherits after completing university
• a beneficiary only inherits if certain family obligations are met

This can be extremely useful.

5. Special Wishes

These may include:

• funeral wishes
• cremation preferences
• burial preferences
• particular memorial wishes

These are becoming more and more common.

6. Children and Guardianship

This is one of the biggest and most important parts of any will involving minor children. You may want to specify:

• permanent guardians
• interim guardians

Permanent Guardians

These are the people who will ultimately take long-term responsibility for the children.

Interim Guardians

These are the people who will care for the children temporarily until the permanent guardians are able to take over, especially if the permanent guardians are not in the UAE. For example:

• grandparents may live in Europe
• both parents may pass away in the UAE
• someone local needs to care for the children immediately and perhaps travel with them

Interim guardians could include:

• close friends
• relatives
• nannies

Important Limitation

If one biological parent is still alive, that surviving parent generally has default guardianship. You cannot override that simply by stating otherwise in a will, unless there are other legal grounds preventing that parent from acting as guardian.

So, for example, if a mother dies and says she wants her sister to take the children, that will not override the surviving father’s default guardianship rights. Still, where both biological parents are gone, the will becomes critically important.

Formalities and Registration

DIFC

• English only
• online
• by appointment
• requires witnesses
• witnesses cannot be beneficiaries
• signed digitally, often through QR code and online processes

ADJD

• English and Arabic
• online
• by appointment
• witnesses are generally not required
• involves Arabic documentation, OTP verification, and digital procedures

Both systems are now highly digitized and much more efficient than before.

The DIFC process can be handled through:

• the DIFC portal directly; or
• a law firm portal, if the firm is a registered practitioner

ADJD processes may involve:

• UAE Pass
• online portal access
• email-based steps

Probate and Enforcement

Once the will is registered, the next step after death is probate and enforcement.

DIFC Probate

If the will is a DIFC will:

• probate happens through the DIFC Courts
• the fee is already covered by the original registration fee
• the DIFC Courts now coordinate directly with many authorities
• letters can be issued for transfer of property and other assets

This is a major improvement. Previously, it was often necessary to open separate local enforcement proceedings, but now the process is much smoother.

ADJD Enforcement

ADJD wills can also be enforced quite efficiently.

In practice, we have seen ADJD wills enforced within a matter of about a month, and DIFC wills can also move quite quickly. In some cases, full asset transfers have been completed within just a few weeks. That speed is a major advantage, especially for families who need access to:

• property
• bank accounts
• other essential assets

Final Recommendations

If you live in the UAE and have assets here, then:

1. Have a will

This is the single most important point.

2. Ideally, have a UAE-based will

A local will is generally more efficient and predictable than relying on foreign law or foreign probate routes.

3. Make the will clear and specific

Do not simply say, “I want all my things to go to someone.”

Instead, wherever possible:

• identify your assets
• list title deeds
• identify bank accounts
• define beneficiaries clearly
• name executors and alternatives
• specify guardianship arrangements
• include any special wishes or conditions

The whole point of a will is to create a roadmap for the people you leave behind.

Because the UAE is a multilayered legal system, clarity is not optional. It is essential.

A properly structured will is not really an expense. It is an investment. More importantly, it is a protection mechanism for:

• your children
• your spouse
• your business
• your broader legacy

That is all for this episode of Lawgical. If you found this useful, you can find more on our website: lylawyers.com. We are also on Apple Podcasts and Spotify. And for the full experience, you can watch the video podcast on YouTube.

Until next time: stay informed, stay safe, and keep things Lawgical.