Ensure Peace of Mind: Simplify Wills and Asset Protection for Expatriates in the U.A.E

 UAE expatriates can register a will for their assets in both the Emirates and their home country. This is especially important if you have assets in both locations.  

U.A.E Will

Here's a breakdown of the options:

• DIFC Wills Service Centre: This is a dedicated service for non-Muslims in Dubai and Ras Al Khaimah. It allows you to register a will that covers both movable and immovable assets worldwide.  
• Dubai Courts or Abu Dhabi Judicial Department: These courts can also register wills for non-Muslims.  
• Home Country Embassy/Consulate: If your home country has an embassy or consulate in the UAE, you may be able to register your will through them.

It's crucial to consult with a legal professional to ensure that your will is valid and enforceable in both jurisdictions. They can advise you on the specific requirements and help you navigate the legal processes involved.

Additional considerations:

• UAE's Personal Status Law: This law allows non-Muslims to choose the laws of their home country for matters like marriage, divorce, inheritance, wills, and proof of parentage.  
• Conflict of Laws: If there are inconsistencies between the laws of your home country and the UAE, the laws of the place where the assets are located will generally apply.

What are the relevant laws?

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage under Article 1 (1) of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status. This law states:

“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985 referred to above.”

Furthermore, a non-Muslim may register a will as per their choice under Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states:

“A legator may leave a will with all his or her assets in the state to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law.”

Additionally, the registration of wills for non-Muslim individuals may be in accordance with the provisions of Law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai. This includes:

• Article 3 of the Dubai Wills Law: “This Law will apply to all wills and estates of non-Muslims in the emirate, including in the Dubai International Financial Centre.”
• Article 6(a) of the Dubai Wills Law: “A register known as the ‘Register of Wills of non-Muslims’ will be created at the Dubai Courts and the DIFC Courts for the purpose of registering wills of non-Muslims.”

Moreover, Article 9(1) of the DIFC Wills and Probate Registry Rules provides the requirements related to the registration of non-Muslim wills. A non-Muslim resident of the UAE may register their will at DIFC in accordance with the DIFC WPR Rules.

DIFC wills may include the movable and immovable assets of the testator located in any part of the world under Article 11 of the DIFC WPR Rules, which states:

“A will may give or dispose of immovable and movable property, located in any part of the world, to which the testator is entitled at the time of his death, whether the testator became entitled to it before or after the registration of his will, and shall not govern succession to any other property.”

In Dubai, a non-Muslim individual may register their will in Dubai Courts, the Dubai International Financial Centre (DIFC), or the respective embassy/consulate of their home country based in the UAE if such service is provided. The contents of a will to be registered in Dubai Courts or DIFC may include, without limitation, the details of the executor(s) and/or beneficiaries of their investments, properties, jewellery, movable and immovable properties, shares in entities, bank accounts, credentials/passwords for their bank accounts, emails, social media, and other matters based in the UAE or outside the UAE.

Based on the aforementioned provisions of law, you may consider registering a will for your estate both in the UAE and your home country. This can be done through a Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your home country’s Embassy/Consulate (if such registration is provided). However, it is advisable to seek advice from an independent legal counsel to further guide you.