Can You Include Overseas Property in a UAE Will?

Yes, overseas assets can be included in a UAE Will, but doing so involves understanding international estate planning rules, jurisdictional nuances, and legal enforcement across borders. For expats with global assets, it’s essential to know how to structure your UAE Will to cover foreign property effectively. This comprehensive guide explains how overseas assets in a UAE Will are handled, whether a UAE Will for expats covers foreign property, and how to ensure your estate plan aligns with the laws of multiple countries.

 

UAE Wills – Scope, Types & Jurisdiction

Expats in the UAE have multiple options for creating a legally valid Will depending on their religion, nationality, and place of residence. Understanding the jurisdiction and structure is the first step in determining if and how foreign property can be included.

 

Types of Wills in the UAE:

• DIFC Will: Registered under the DIFC Wills and Probate Registry, applicable to non-Muslim expats and offers common law-based testamentary freedom.

• ADJD Will: Available under Abu Dhabi Judicial Department’s non-Muslim expat Will service.

• Dubai Court Will: Governed under UAE Civil Law (can fall under Sharia principles unless specified otherwise).

 

 

Jurisdictional Relevance:

• Non-Muslim expats are allowed testamentary freedom under the UAE’s recent personal status reforms.

• These Wills can now govern the distribution of both local and international assets, but enforcement depends on foreign recognition laws.

 

 

What Are Overseas Assets and Their Legal Status?

As global mobility rises, understanding overseas assets becomes vital for anyone living, working, or investing abroad. These international assets such as foreign property, investments, and bank accounts come with specific legal considerations.

 

What Qualifies as Overseas Assets?

Overseas assets (also known as foreign property or international assets) include:

• Expat real estate: Homes, rentals, or vacation properties abroad

• Offshore property: Real estate in tax-friendly countries

• Foreign bank accounts, stocks, and investment portfolios

• Business interests or partnerships overseas

• Pensions or retirement accounts in other countries

 

Legal Status and Jurisdiction

Each country where assets are held has its own jurisdiction, which governs how those assets are taxed, owned, and inherited. For example, French property follows French law even if the owner lives elsewhere. This creates cross-border estate complexities.

 

Foreign Probate

When a person with foreign property dies, foreign probate may be needed where a local court validates the Will Challenges arise if:

 

• The Will isn’t recognized abroad

• There's no Will (local intestacy laws apply)

• Laws conflict between countries

 

Is Overseas Property Covered by a UAE Will?

Yes, overseas property can be covered by a UAE will, but its enforcement abroad depends on foreign court recognition and UAE laws.

 

Enforcement Conditions:

A UAE will can be enforced abroad if:

 

• The foreign court accepts UAE court jurisdiction.

• The UAE ruling is final, fair, and doesn’t conflict with local public policy.

• There's reciprocity (foreign courts also enforce UAE judgments).

 

Step-by-Step Requirements:

1. Register your will in UAE (ADJD or DIFC).

2. Notarise the will in the UAE.

3. Get embassy attestation (from your home country).

4. MOFAIC attestation (UAE Ministry of Foreign Affairs).

5. Translate into the foreign country’s required language.

6. File for ancillary probate abroad to have it legally recognized.

 

Legal Notes:

• You may need an ancillary probate in a foreign country.

• UAE must align with conflict of laws rules.

• Res judicata may apply if a UAE judgment is already final and valid.

 

 Legal Hurdles & Best Practices

 

Jurisdictional Conflicts & Forced Heirship

• Forced heirship risks: In civil-law jurisdictions like India, forced heirship mandates fixed shares to heirs (spouse, children). That undermines testamentary freedom—even U.S./UAE wills may be overridden by local mandatory shares.

• Conflict of laws / public order: UAE courts may refuse enforcement of foreign wills if they violate public order or Sharia-based inheritance principles. Non‑Muslim expats must register a UAE will (e.g. DIFC WPR) to circumvent default Sharia divisions.

 

Ancillary Probate Overseas

• Probate delays often occur when seeking ancillary probate abroad to recognize a UAE-registered Will Foreign courts may treat your UAE probate as a foreign judgment under their own laws, but procedural complexity and time delays are common.

 

Tax, Public Order & Recognition Risks

• Inheritance tax issues: Depending on jurisdiction, heirs might face foreign inheritance or gift tax even if assets were covered under a UAE Will For example, U.S. citizens receiving foreign inheritance must report it to the IRS (Form 3520, FBAR criteria).

• Case study – Greenback Expat Tax Services: users report frustration, unresponsiveness, hidden fees, limited cross-border expertise. While they specialize in expat U.S. taxes, they may not adequately advise on inheritance tax issues in home or residence countries

 

 

Dual‑Will Strategy vs Single UAE Will

1. Dual Wills (Mirror Wills)

• Two nearly identical wills one per spouse.

• Ideal for couples with shared assets and aligned wishes.

• Registered via DIFC or ADJD.

 

Pros:

• Cost-effective for couples

• Simplifies joint estate planning

• Reflects shared intentions

 

Cons:

• Less flexible

• One change may revoke the other

• Not legally binding between partners unless structured properly

 

2. Single UAE Will

• One will for an individual, covering UAE and/or global assets.

 

Pros:

• Fully customized

• Easy to update

• Best for complex or solo planning

 

Cons:

• Costlier for couples

• Needs coordination if multiple wills exist

 

 

Step‑By‑Step: Drafting a UAE Will with Overseas Property

 

Checklist for Including Foreign Property in Your UAE Will:

Step	Description
1. Testator Details	Full name, nationality, passport
2. Asset Description	Clear identification of foreign property (with addresses, account numbers, etc.)
3.Executor Appointment	Preferably someone with power to act in both jurisdictions
4. Beneficiary Details	Named and described clearly
5. Witnesses	Must be of legal age; rules vary for DIFC vs ADJD
6. Translations	Arabic translation for UAE, local translation for foreign countries
7. Attestation	Notarisation + MOFAIC (may) + embassy/legalisation

 

Engage with foreign legal counsel to ensure the clauses in your UAE will don’t violate local succession or property ownership laws.

 

Benefits vs Risks Table

Benefits	Risks
Centralized estate planning	Conflict with foreign probate laws
Clear asset distribution	Public order overrides
Faster UAE probate process	Delay due to ancillary probate abroad
Tailored inheritance for expats	Possible tax implications overseas

 

Practical Case Scenarios

Case 1: UK Property in UAE Will

An expat owns a home in London. He includes it in his DIFC Will

Solution: Use an ancillary probate in the UK, ensure the will is legally certified and translated if needed.

 

Case 2: India Property and Forced Heirship

A non-Muslim expat includes ancestral land in India in a UAE Will

Issue: Indian law may override it due to forced heirship rules.

Solution: Draft a separate Indian will to manage compliance.

 

Case 3: Canada Property with Inheritance Tax

An expat with property in Toronto includes it in a UAE Will

Issue: Canadian law recognizes foreign wills, but capital gains/inheritance tax applies.

Solution: Engage a cross-border tax adviser.

 

Expert Advice: Who Should You Consult?

1. UAE Estate Planning Lawyer

Role:

• Draft and register your will in DIFC or ADJD.

• Advise on guardianship, executors, and UAE inheritance law (Sharia vs. non-Muslim wills).

 

Recommended Services:

• Will drafting & registration

• Guardianship nominations

• Coordination with foreign estate plans

  1. Foreign Legal Counsel (per country where assets exist)

Role:

• Ensure your UAE will is valid or recognized abroad.

• Advise on forced heirship, probate, and property transfer rules in each country.

 

Recommended Services:

• Draft separate wills for countries like India, UK, Canada, etc.

• Assist with ancillary probate and title transfer

  1. International Tax Adviser / Family Office

 

Role:

• Assess potential inheritance, gift, and capital gains taxes across jurisdictions.

• Coordinate global estate efficiency and succession planning.

 

Recommended Services:

• Tax residency and liability analysis

• Periodic estate reviews

• Integration with business or trust structures

 

 

FAQs – High‑Value Search Intent Questions

1. Can I include property in India, UK, US, or Canada in my UAE will?

Yes, if using a DIFC Will, and with ancillary probate as required. Non-DIFC Wills generally won't suffice

 

2. Does a UAE-registered will override foreign inheritance laws?

No, foreign jurisdictions may apply forced heirship or tax laws regardless of UAE testamentary intent.

 

3. Is a dual‑will strategy necessary if I own assets abroad?

Yes, if you have high-value assets abroad, a dual-will strategy reduces legal conflicts and delays.

 

4. Do I need Arabic translation and notarisation for my UAE will?

DIFC Wills are in English and do not require notarisation or attestation, Others might.

 

5. Will inheritance tax apply to my overseas property?

Possibly, countries like the UK and Canada impose inheritance or estate tax on property owned by residents and non-residents.

 

6. How often should I update my will if I acquire overseas assets?

Review every 2–3 years or immediately after acquiring new foreign assets or changes in inheritance law.

 

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