Tim Elliott
Welcome to Lawgical Lite, the quick, bite-sized podcast from the legal firm Yamalova & Plewka, here in Dubai. I’m Tim Elliott, and I’m here once again in the Jumeirah Lakes Towers district with Ludmila Yamalova, Managing Partner. Ludmila, it’s great to see you.
Ludmila Yamalova
Great to see you as well, Tim. Thanks for having me back.
Tim Elliott
Today’s question is this: Hello, this is Brittany. I’m from America. I recently moved here with my husband from the US, and we’ve been here for around two years. We have a couple of children, and we recently bought property here. I’ve been hearing about wills for non-Muslim expats, but I’m not really sure which option is right for me. I’m not even sure if I should have a will. We already have wills in the US, so I don’t know if having one here would be beneficial. I’ve also heard they can be expensive. I’d like to know what my options are.
Is it necessary to have a will here? What would happen if I don’t have one in terms of my children, our property, or any investments we make later? Ludmila, why is it so important for non-Muslim expatriates to have a will in the UAE? Let’s jump right in. Writing a will is one of those tough things to face, but at some stage, we all need to do it. Where do you even start?
Ludmila Yamalova
Great question, Tim. Let’s begin with the most fundamental point: why should a non-Muslim expat even have a will in the UAE? And what are the repercussions if they don’t?
The short answer is this: in the absence of a will, Sharia law will apply by default. For non-Muslims, Sharia law, which is based on Islamic principles, may not align with their wishes regarding the distribution of their estate.
Tim Elliott
Could you give us some examples of how Sharia law works in this context?
Ludmila Yamalova
Certainly. Under Sharia law, inheritance follows specific rules. For example, if a person passes away and their father is still alive, the father inherits a portion, the mother another portion, and male children receive twice the share of female children. If there are no male offspring, inheritance may pass to the brothers, and so on. It’s a detailed and complex structure, and the exact distribution depends on the family composition at the time of death.
For non-Muslims, this system can feel foreign and unpredictable. Many expats moving to the UAE don’t consider what will happen in the event of an untimely death. However, it’s crucial to understand that without a will, Sharia law will govern. For those who prefer a different legal framework, drafting a will is essential.
Tim Elliott
So, understanding the implications of Sharia law is the first step. Let’s say someone decides to register a will. What happens next?
Ludmila Yamalova
First, it’s important to address a common misconception: many expats assume that a will registered in their home country automatically applies to their assets in the UAE. This is not true. While it’s possible to enforce a foreign will here, the process is complicated. It involves first enforcing the will in the home country, converting it into a court judgment, and then seeking enforcement in the UAE. This can be a lengthy and expensive process.
For this reason, it’s strongly advisable to register a will locally in the UAE.
Tim Elliott
What are the options for registering a will locally?
Ludmila Yamalova
There are three main options for non-Muslim expats:
- DIFC Wills and Probate Registry – The Dubai International Financial Centre (DIFC) is a common-law jurisdiction within the UAE, and its Wills and Probate Registry is based on English law. It allows you to include immovable assets like real estate, movable assets like bank accounts, and even guardianship provisions for minor children. DIFC wills are well-tested, but they are expensive. Registering a will costs AED 10,000 (approximately USD 3,000). For couples, mirror wills cost AED 16,000.
- Dubai Courts – Wills can also be registered with Dubai Courts. This option is more affordable, costing around AED 2,000. However, the law doesn’t explicitly cover guardianship or real estate assets, and wills must be drafted in Arabic. There’s still some uncertainty about the enforceability of these wills when guardianship or property is included.
- Abu Dhabi Courts – Abu Dhabi offers a third option, with wills costing AED 950 to register. Unlike Dubai Courts, the Abu Dhabi system explicitly allows for the inclusion of guardianship, custody, real estate, and global assets. However, it’s a newer system and hasn’t been thoroughly tested in practice.
Tim Elliott
That’s helpful to know. Once a will is registered, how easy is it to update or amend?
Ludmila Yamalova
It depends on the type of update. For example, if you acquire a new asset, you don’t need to amend the will itself; you simply update the records. In the DIFC, this is straightforward and free. However, if you need to change the terms of the will—like adding a new beneficiary or changing guardianship—it costs AED 500 to amend it in the DIFC.
In all cases, there’s usually a “residuary estate” clause, which ensures any unlisted assets are included in the will by default.
Tim Elliott
How can beneficiaries access a registered will?
Ludmila Yamalova
Wills registered in these centers are not publicly accessible. It’s up to the testator (the person writing the will) to inform beneficiaries or executors about its existence. However, beneficiaries can contact the registry to obtain a copy when necessary.
Tim Elliott
Are there different types of wills for specific purposes, like guardianship or property?
Ludmila Yamalova
Yes, particularly in the DIFC. For instance, you can register a will that’s limited to guardianship, property, or even company shares. These more focused wills can be simpler and more affordable, and the DIFC provides templates for such scenarios.
Tim Elliott
So, to summarize, if you’re a non-Muslim expat with children or assets in the UAE, having a will is essential.
Ludmila Yamalova
Absolutely. It’s highly recommended to ensure your wishes are carried out and to protect your loved ones.
Tim Elliott
That wraps up another episode of Lawgical Lite. If you have a legal question you’d like answered, we’d love to hear from you. Visit us at lylawyers.com or reach out via WhatsApp at +971 52 525 1611. And don’t forget to follow and share Lawgical Lite for more bite-sized legal insights. There’s something new every week!
