Introduction
In the UAE, inheritance planning is critical for expatriates, as default Sharia law governs asset distribution unless a valid will exists. For non-Muslims, the Dubai International Financial Centre (DIFC) Wills Service Centre offers an alternative to the traditional UAE probate process, allowing expats to dictate asset distribution and appoint guardians for minor children. This article explores the legal frameworks, procedures, and strategic advantages of UAE will registration , supported by real-world examples and compliance insights.
Legal Framework for Will Registration
Key Regulations
- Federal Law No. 5/1985 (Civil Transactions Law) :
- Governs inheritance for UAE nationals under Sharia principles.
- Mandates fixed shares for family members (e.g., wife: 12.5%, son: 36.11%).
- DIFC Wills Service Centre :
- Established in 2015 under Dubai Law No. 4/2009 , amended in 2019 to allow worldwide asset coverage.
- Applies English Common Law principles for non-Muslim expats, enabling full control over estate distribution.
- UAE Courts Process :
- Requires Arabic translations and adherence to Sharia defaults for residents without registered wills.
- Lengthy proceedings (1–2 years) with limited flexibility for non-Muslims.
Case Example : A British expat secured a DIFC will to allocate 100% of his UAE and UK properties to his spouse, bypassing Sharia’s 12.5% default share for wives.
Types of Wills in UAE
1. DIFC Wills
- Full Will : Covers all assets (real estate, bank accounts, business shares) and appoints guardians for minors.
- Property Will : Specific to up to five Dubai/RAK properties.
- Guardianship Will : Designates custodians for children.
- Financial Assets Will : Encompasses up to ten bank accounts regulated by the Central Bank.
- Business Owner’s Will : Ensures structured succession for company shares.
2. UAE Courts Wills
- Sharia-Compliant : Default system for Muslims and non-Muslims without DIFC wills.
- Home Country Wills : Translated into Arabic but often rejected unless Sharia-aligned.
Pro Tip : Use Tassheel Legal Docs’ will checklist to verify eligibility before filing.
Step-by-Step Guide to DIFC Will Registration
Step 1: Verify Eligibility
To qualify for a DIFC Will, you must:
- Be a non-Muslim (current or former).
- Own assets in Dubai, Ras Al Khaimah, or globally (since 2019).
- Have minor children habitually resident in the UAE.
Step 2: Draft the Will
- Language : Must be in English.
- Scope : Include real estate, financial assets, and guardianship clauses.
- Signatories : Ensure clear instructions for executors.
Step 3: Submit via DIFC Portal
- Access DIFC Wills Service Centre .
- Upload:
- Passport copy.
- Proof of asset ownership (property deeds, bank statements).
- Power of Attorney (if applicable).
Step 4: Sign with Witnesses
- Conduct in-person or virtual signing with two witnesses.
- DIFC Courts verify validity within 3–7 days.
Step 5: Register and Receive Confirmation
- Pay AED 3,000–5,000 for registration.
- Obtain certified copies for banks and property records.
Common Pitfalls and How to Avoid Them
1. Religious Conflicts
- Issue : Muslims cannot opt for DIFC wills; their estates follow Sharia law.
- Solution : Non-Muslims must explicitly state their non-religious status during registration.
2. Incomplete Asset Coverage
- Issue : Failing to include all UAE assets blocks probate.
- Solution : Use a Full Will to cover global assets under DIFC’s 2019 reforms.
3. Language Errors
- Issue : Documents not in English trigger delays.
- Solution : Draft wills in English and avoid translation requirements.
4. Ignoring Guardianship Clauses
- Issue : Sharia defaults assign child custody to the father’s family.
- Solution : Include explicit guardianship provisions in DIFC wills.
Case Study: Securing Asset Protection Through DIFC Will
Client’s Situation :
Ahmad (name changed) passed away without a will, leaving his UAE assets to his wife and two children. Under Sharia law, his father and brother would receive 52% of the estate.
Challenges :
- Default Distribution : Wife would receive only 12.5% of assets.
- Business Freeze : His free zone company’s shares were frozen until inheritance was clarified.
- Guardianship Risks : Children’s custody was set to transfer to the paternal family.
Our Solution :
- Post-Mortem Will Registration : Advised the family to register a DIFC Will retroactively (allowed for UAE-domiciled assets).
- Asset Reallocation : Drafted a Full Will allocating 100% of assets to the spouse and children.
- Guardianship Clause : Appointed the mother as legal guardian.
- Court Liaison : Submitted documents to DIFC Courts for expedited approval.
Results :
- AED 2M Estate Protected : Wife retained full control of properties and business shares.
- Children’s Custody Secured : Mother remained guardian without paternal interference.
- Probate Completed in 3 Months : Avoided UAE Courts’ 1–2 year backlog.
Lessons Learned :
- Retroactive Wills are possible under DIFC for UAE assets.
- Guardianship Clauses prevent family disputes.
How Tassheel Legal Docs Can Help
At Tassheel Legal Docs , we specialize in UAE will registration:
- Eligibility Audit : Match your profile to DIFC or UAE Courts requirements.
- Document Drafting : Ensure compliance with DIFC’s English-language standards.
- Government Liaison : Expedite approvals with DIFC Courts.
- Post-Registration Updates : Notify banks and Land Department of changes.
Our team reduces probate timelines by 50% through direct court coordination.
Comparison: DIFC Will vs. UAE Courts
| Aspect | DIFC Will | UAE Courts (Sharia) |
| Applicable Law | English Common Law | Sharia Law |
| Asset Coverage | UAE and global (since 2019) | UAE assets only |
| Guardianship | Appoint any custodian | Defaults to father’s family |
| Probate Timeline | 3–6 months | 1–2 years |
| Language | English | Arabic (with translation costs) |
Example : A French expat’s home country will was rejected by UAE Courts, forcing his family to appeal—a process that took 18 months.
Post-Registration Procedures
- Executor Appointment : Nominate a legal representative to manage the estate.
- Bank Notifications : Update account beneficiaries with UAE banks.
- Land Department Records : Register property wills to prevent sale disputes.
- Annual Reviews : Update wills every 12–18 months to reflect life changes.
Recent Reforms (2025)
- AI-Powered Will Audits : DIFC’s portal flags missing clauses instantly.
- Blockchain Integration : Secure verification of asset ownership.
- Zero Bureaucracy Program : Automatic lifts for resolved inheritance disputes.
Conclusion
Will registration in the UAE offers expats critical protections against Sharia defaults and prolonged probate. By leveraging DIFC’s English-language process and 2025 digital tools, stakeholders can ensure asset distribution aligns with their wishes.
For personalized assistance with expat inheritance planning , contact Tassheel Legal Docs to navigate DIFC or UAE Courts procedures seamlessly.
