Introduction
For expatriates living in the UAE, estate planning is often overlooked due to the country’s unique legal landscape. Under UAE law, inheritance matters for non-Muslims are governed by Sharia law unless a registered will exists. The Dubai International Financial Centre (DIFC) Wills Service Centre , established in 2015, provides a solution for non-Muslim expats to dictate their asset distribution. This article outlines seven compelling reasons why every UAE expat should register a will, supported by legal frameworks, case studies, and practical guidance.
1. Control Over Asset Distribution
Why It Matters
Without a registered will, UAE courts default to Sharia law , which allocates inheritance shares as follows:
- Wife : 12.5%
- Father : 16.67%
- Mother : 16.67%
- Son : 36.11%
- Daughter : 18.06%
- Brother : 0%
This distribution may conflict with an expat’s wishes, especially if they intend to leave assets to non-relatives or charities.
How a DIFC Will Helps
- Full discretion : Specify beneficiaries (e.g., spouse, children, friends).
- Global coverage : Include worldwide assets since 2019.
- Business succession : Transfer company shares to designated heirs.
Case Example : Ahmed’s UK will was rejected by UAE courts until a DIFC will was registered, ensuring his trading company shares went to his daughter.
2. Guardianship for Minor Children
Why It Matters
Under Sharia law, guardianship of minor children typically defaults to the father’s family, even if the mother is alive. This creates emotional and logistical challenges for expat parents.
How a DIFC Will Helps
- Appoint trusted guardians : Legally bind UAE courts to honor your choice.
- Specify care preferences : Include custody arrangements, education, and financial support.
Example : A UAE-based mother registered a DIFC will to ensure her children were cared for by her sister in the event of her passing, bypassing Sharia’s default rules.
3. Avoiding Asset Freezes
Why It Matters
When a non-Muslim expat dies without a registered will, UAE banks freeze accounts until inheritance is resolved under Sharia. This process can take 1–2 years , disrupting families’ financial stability.
How a DIFC Will Helps
- Asset release within 6 months : Expedited probate process.
- Immediate access : Executors can manage funds for dependents.
Pro Tip : Registering a will prevents liquidity crises for surviving family members.
4. Business Continuity
Why It Matters
A lack of succession planning can paralyze UAE businesses. Shares in mainland or free zone companies may be frozen until courts resolve inheritance disputes.
How a DIFC Will Helps
- Transfer business shares : Designate heirs to inherit ownership stakes.
- Maintain operations : Ensure smooth management transitions.
Case Study : A tech startup founder included a Business Owner’s Will to transfer 40% of his DMCC shares to his partner, preventing operational delays.
5. Legal Recognition of Your Wishes
Why It Matters
UAE courts often reject foreign wills translated into Arabic unless they align with Sharia principles. Appeals are costly and time-consuming.
How a DIFC Will Helps
- English-language validity : No translation required.
- Enforceability : Recognized by UAE courts without appeals.
Example : A Canadian investor’s UAE property was inherited by his spouse via DIFC will, avoiding a 2-year legal battle.
6. Faster Probate Process
Why It Matters
UAE Court proceedings for foreign wills involve:
- Translation into Arabic : Certified translators required.
- Court approvals : Multiple stages for validation.
- Delays : Often take 1–2 years .
How a DIFC Will Helps
- English proceedings : Streamlined process.
- Probate within 3–6 months : Significantly faster than UAE Court timelines.
Benefit : Executors can administer estates efficiently, reducing stress for beneficiaries.
7. Tax Compliance and Inheritance Planning
Why It Matters
The UAE introduced corporate tax (9%) in 2026 , affecting asset transfers. Without proper planning, heirs may face unexpected liabilities.
How a DIFC Will Helps
- Tax-efficient distribution : Include clauses to minimize VAT and corporate tax.
- Estate structuring : Allocate assets to reduce inheritance disputes.
Pro Tip : Consult Tassheel Legal Docs to align your will with tax regulations.
DIFC Will vs. UAE Court Will: Key Differences
| Aspect | DIFC Will | UAE Court Will |
| Governing Law | Common Law (English principles) | Sharia Law (fixed inheritance shares) |
| Language | English (no translation required) | Arabic (translation mandatory) |
| Asset Coverage | Global (since 2019) | UAE assets only |
| Guardianship Clauses | Explicitly permitted | Complex under Sharia law |
| Probate Timeline | 3–6 months | 1–2 years |
Conclusion : DIFC wills offer superior flexibility and efficiency for expats.
Case Study: Securing a DIFC Will After Loss of a Loved One
Client’s Situation :
Ahmed lost his brother, a UAE resident owning a trading company. The brother’s UK will was rejected, freezing assets and halting business operations.
Our Solution :
We guided Ahmed through:
- DIFC Will Registration : Drafted to reflect the brother’s wishes.
- Asset Documentation : Submitted property deeds and bank statements.
- Probate Assistance : Coordinated with DIFC Courts for asset transfer.
Results :
- AED 7.2M assets unfrozen within 4 months.
- Business continuity : Ahmed retained control of the trading company.
- Family security : Spouse and children received designated shares.
Lessons Learned :
- Proactive planning prevents asset freezes.
- Professional drafting ensures compliance with DIFC regulations.
How Tassheel Legal Docs Can Help
At Tassheel Legal Docs , we specialize in DIFC will registration:
- Custom Drafting : Tailored to your asset portfolio and family needs.
- Government Liaison : Direct coordination with DIFC Courts.
- Post-Amendment Updates : Notify banks and immigration authorities.
- Translation Services : If required for UAE Court coordination.
Our team ensures your non-Muslim will UAE is enforceable and aligned with UAE laws.
Step-by-Step Guide to DIFC Will Registration
Process
- Consult a Legal Expert : Ensure compliance with DIFC regulations.
- Submit via DIFC Portal : Include passport copies, asset proofs, and existing POAs.
- Sign with Witnesses : Two adults must attend the signing.
- Receive Registration : Legally binding within 2 business days.
Required Documents
- Passport Copies of testator and beneficiaries.
- Asset Ownership Proofs : Property deeds, bank statements, share certificates.
- Marriage/Birth Certificates : To validate spouse/child claims.
Common Pitfalls and How to Avoid Them
1. Missing Witnesses
- Issue : Two witnesses aged 21+ must attend.
- Solution : Schedule virtual appointments if abroad.
2. Incomplete Asset Lists
- Issue : Missing property deeds or bank statements.
- Solution : Use Tassheel’s checklist to verify ownership proofs.
3. Language Barriers
- Issue : UAE Court wills require Arabic translations.
- Solution : Opt for DIFC wills to avoid translation hurdles.
4. Ignoring Tax Implications
- Issue : Post-2026 corporate tax affects inheritance.
- Solution : Include tax clauses in your will.
Conclusion
Registering a will in the UAE—particularly through the DIFC Wills Service Centre —is essential for expats seeking asset protection, guardianship clarity, and business continuity. By avoiding the rigid framework of Sharia law, non-Muslims can ensure their legacy is honored.
For expert assistance, contact Tassheel Legal Docs to navigate the expat inheritance planning process seamlessly.
