Common Misconceptions About Wills and Inheritance for Expats in Dubai

Many expats in Dubai mistakenly believe that their home country’s laws automatically apply to their assets in the UAE. In reality, without a registered local Will, Sharia law may dictate how assets are distributed, often in ways that differ significantly from Western inheritance laws. Some assume that foreign Wills or joint accounts are enough, but these may not be recognized locally. Others overlook the importance of nominating guardians for their children, risking court intervention. Finally, many believe drafting a Will in Dubai is complex or costly, when in fact, it can be a simple process with proper legal guidance.

 

The Stakes for Expats in Dubai

When it comes to inheritance planning in Dubai, expats often face confusion, misinformation, and serious legal risks. With varying laws depending on religion, registration status, and jurisdiction, the stakes are high for those who have not properly addressed their estate plans.

 

While the UAE has introduced reforms to give non-Muslim expats more freedom in choosing their inheritance laws, misunderstanding these rules can still lead to costly delays, frozen bank accounts, or even unintended heirs.

Pros vs Cons of Inheritance Planning Clarity:

 

Pros:

• You can choose the applicable inheritance law

• Avoidance of default Sharia application

• Clear guardianship for children

• Faster asset transfer

Cons:

• Multiple jurisdictions can cause overlap

• Foreign Wills need formal procedures

• DIFC registration costs may discourage planning

 

Key Concepts:

• Expat-residency status

• Inheritance law-governing law

• Will-jurisdictional scope

 

Myth 1 – "Sharia Doesn’t Apply to Non-Muslim Expats"

Truth: Unless a Will is properly drafted and registered, Sharia law may apply by default to an expat’s estate in Dubai. Federal Decree-Law No. 41/2022 allows non-Muslims to opt out of Sharia, but only if they take proactive steps.

 

Sharia vs Opt-Out Distribution (Simplified):

Scenario	Sharia Distribution	Opt-Out (Non-Muslim Will)
Spouse	1/8 to 1/4	Full control via Will
Children (male/female)	Sons receive double	Equal distribution allowed
No Will	Mandatory Sharia	Civil law of home country

 

 

Myth 2 – "My Foreign Will Covers UAE Assets"

Reality: A foreign Will is not automatically valid in the UAE. To enforce it, expats must complete attestation, legalisation, translation into Arabic, and approval by UAE courts.

 

Checklist for Foreign Will Use in UAE:

• Notarised in country of origin

• Legalised by UAE embassy abroad

• Attested by UAE Ministry of Foreign Affairs

• Translated to Arabic by certified translator

• Submitted to local courts for probate

 

Myth 3 – "One Will Is Enough Across All Jurisdictions"

Explanation: While one Will may cover worldwide assets in theory, in practice, different jurisdictions may require different documents for enforcement.

 

Will Coverage Comparison:

• DIFC Will: Covers Dubai/UAE assets only (non-Muslims)

• Dubai Civil Will: Subject to UAE law (potential Sharia application)

• Home Country Will: Requires UAE court approval for local enforcement

 

Best Practice: Have a separate UAE Will for UAE-based assets to avoid probate complications.

 

Myth 4 – "Joint Accounts or Property Automatically Transfer"

Fact: In the UAE, joint accounts and jointly owned property do not automatically pass to the surviving partner. Upon death, assets are often frozen until a court order is issued.

 

Timeline of Events:

1. Death occurs

2. Bank account/property is frozen

3. Executor applies for probate or succession certificate

4. Court order obtained

5. Assets released to heirs

 

 

Myth 5 – "Guardianship Is Given for My Children"

Clarification: Without a legally valid Will naming guardians, the UAE courts Will decide on guardianship for minors, possibly under Sharia principles.

 

Types of Guardianship:

• Temporary Guardianship: Immediate care provider post-death

• Permanent Guardianship: Long-term legal responsibility, must be court-approved

 

DIFC Wills allow explicit guardian designation, including for non-resident guardians.

 

 

Myth 6 – "DIFC Wills Are Too Expensive or Exclusive"

 According to DIFC Courts’ official rules, supported by providers like Belluzzo, JobX Dubai, Kingsley Napley, LegalInz and EEG Web:

 

• Full Will: Covers all assets—real estate, financial accounts, business shares, digital assets, plus guardianship—under one single Will. Wide scope and unlimited assets included.

• Property Will: Limited to up to five UAE real estate properties only. No guardianship or other assets permitted.

• Financial Assets Will: Includes up to ten bank or brokerage accounts in the UAE. Designed specifically for financial assets and excludes property and guardianship.
  
  
   

All can be registered remotely online via DIFC’s Virtual Registry or video-conference appointment making the process accessible globally.

 

 

Myth 7 – "Employer or Sponsor Manages My Posthumous Affairs"

Important: An employer is not responsible for an expat’s estate. Their role is often limited to visa cancellation and notifying immigration.

 

Typical Scenario:

• Death occurs

• Bank freezes all accounts

• Employer notifies authorities

• Family struggles to access assets without legal Will or probate order

 

This makes personal inheritance planning essential.

 

Opt-Out Paths & Reforms – 2023 Laws Empower Expats

 

Federal Decree‑Law No. 41/2022 (effective 1 February 2023)

• Applies to non‑Muslim UAE nationals and expat residents; offers inheritance law‑governing law autonomy.

• Grants full testamentary freedom: a Will can distribute 100% of estate to beneficiaries of choice, without forced heirship.

• In absence of a registered Will, default rules apply (Article 11): spouse receives 50%, remainder equally among children (regardless of gender); if no children, estate passes to parents or siblings per defined hierarchy.

• Heirs may opt‑out and request home‑country law instead—unless there is a Will stating otherwise (Article 11(3)).

 

Read More:  Can You Include Overseas Property in a UAE Will?

 

Cabinet Decision No. 122/2023 (Implementing Regulation)

Covers procedural and executor provisions:

 

• Executors must be legally capable, without conflicts of interest or criminal background; courts may appoint one if none is named.

• Beneficiaries have 60 days to accept or renounce a Will after notification; entitlements lapse if they refuse obligations attached to inheritance rights .

• Provides detailed rules on Will formality, translations, Arabic signatures, witness requirements, fees, registration mechanism, and court‑supervised execution.

 

Dubai: Law No. 15/2017 & DIFC Wills Framework

• Dubai Law 15/2017 establishes a Non‑Muslims Wills & Probate Registry in Dubai Courts and DIFC, supplementing the federal law.

• Allows registered Wills (including DIFC Wills) to cover worldwide assets, enforceable online and recognised across the UAE.

 

How to Secure Your Dubai Will – Step-by-Step

Drafting and securing a legally valid Will in Dubai is essential for protecting your assets and ensuring your wishes are respected. Here’s a clear, step-by-step guide to help you through the process, especially tailored for expats navigating UAE regulations.

 

Step-by-Step Guide

1. Conduct an Asset Audit

List all your assets both in the UAE and abroad. Categorize by asset-type: real estate, bank accounts, vehicles, investments, personal items, and digital assets. This gives clarity on what needs to be covered in your Will.

 

2. Seek Professional Legal Counsel

Consult a licensed UAE-based lawyer or Will specialist. They can help ensure your Will meets all formalities and aligns with your personal situation, especially regarding inheritance law options.

 

3. Choose a Will Jurisdiction

Decide where to register your Will:

 

DIFC Wills Service Centre – for non-Muslims, English language, covers local and global assets.

Abu Dhabi Judicial Department (ADJD) – now open to non-Muslims, offers bilingual Wills with UAE-wide recognition.

Dubai Courts – traditional Sharia-influenced option unless Will is registered opting out.

 

4. Consider Will-jurisdictional scope: DIFC Wills allow broader international asset coverage, while ADJD suits those with mostly UAE-based interests.

 

5. Draft and Register Your Will

With legal assistance, draft your Will including clear instructions, beneficiaries, asset distribution, and executor powers. Translate into Arabic if required. Register with your chosen authority—DIFC, ADJD, or Dubai Courts.

 

6. Name Guardians and Executors

For expat parents, it’s crucial to appoint temporary and permanent guardians for minor children. Also, name executors to manage the estate. Courts may intervene if not clearly outlined.

 

7. Review and Update Annually

Life changes—marriage, divorce, new assets, or relocation—can affect your Will’s validity. Set a yearly reminder to review and update your Will accordingly.

 

 

FAQs

1. Do non-Muslims automatically escape Sharia?
    No. Non-Muslims must explicitly opt out and register a civil law-compliant Will to avoid Sharia application

 

2. Is a foreign Will enforceable in Dubai?
   Yes, but only after attestation, translation, and UAE court approval. Local registration is more efficient.

  

3. What triggers a bank account freeze?
    The account is frozen upon the bank being notified of the account holder’s death.

 

4. Do joint properties pass to spouses?
    Not automatically. Court involvement and probate are required for transfer.

 

5. How do I appoint a guardian for minors?
    Include guardianship clauses in your registered Will, especially via DIFC for clarity.

 

6. Can I cover both UAE and home-country assets in one Will?
   Yes, one will (like a DIFC will) can cover both UAE and foreign assets. But, for smoother probate, it's often better to have separate wills for UAE and your home country.

 

 

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