How Indian Expats in Dubai Can Register a Will for Indian Assets

As the UAE continues to modernise its inheritance framework, non-Muslim residents now have greater clarity and flexibility when it comes to writing and registering wills. For Indian expatriates living in Dubai, this change is particularly significant. Many hold property, investments and movable assets in India, and wish to ensure these are passed on smoothly to their chosen heirs. The new legal provisions in the UAE now make that process more straightforward -- provided the will is drafted and registered correctly.

 

Under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, expatriates in the UAE can choose to apply the laws of their home country when it comes to personal matters such as marriage, divorce, inheritance, wills and proof of parentage. The law allows non-Muslim residents to opt out of Sharia-based inheritance rules and instead follow their own country’s legal system. In other words, an Indian expatriate in Dubai may decide to distribute assets according to Indian law, ensuring their property is inherited exactly as they wish.

 

Article 11 of the same law states that a non-Muslim legator may leave a will with all his or her assets in the UAE to anyone of their choice, subject to the implementing regulations. This marks a major step in giving non-Muslims autonomy over their estates. In Dubai, this law works in conjunction with Law No. 15 of 2017 concerning the Administration of Estates and Implementation of Wills of Non-Muslims, often referred to as the Dubai Wills Law. This legislation makes it clear that all wills and estates of non-Muslims in the emirate -- including those registered under the Dubai International Financial Centre (DIFC) jurisdiction - fall under its scope.

 

A dedicated register for non-Muslim wills exists both at the Dubai Courts and the DIFC Courts, allowing residents to formally record their testamentary wishes. The DIFC Wills and Probate Registry (DIFC WPR) Rules, which govern wills registered in the financial free zone, further provide that a will may include both movable and immovable property located anywhere in the world. This means that a Dubai-based Indian can draft a will under DIFC rules to cover assets in India as well as those in the UAE -- giving them one consolidated estate plan recognised by local courts.

 

Alternatively, an NRI living in Dubai may choose to register their will with the Consulate General of India in the city. The Indian Consulate allows non-resident Indians to execute and register wills related to their assets in India, provided they hold a valid UAE residence visa. The process involves presenting two original copies of the final will -- one retained by the consulate and the other returned to the testator -- along with necessary identification documents such as the passport, visa, Emirates ID, and photographs. Two Indian witnesses residing in the UAE must also be present at the consulate to sign the will in the officer’s presence. While title deeds or property papers are optional, producing them helps ensure clarity about the assets covered.

 

Before registering a will, legal experts strongly recommend consulting a lawyer familiar with both Indian inheritance law and UAE personal status regulations. The counsel can help ensure the document complies with the Indian Succession Act, 1925, and that it aligns with the testator’s intentions under UAE law. Drafting the will professionally avoids contradictions that might arise between the two jurisdictions and ensures that the document will be recognised by courts in both countries.

 

Indian expatriates may also choose to create two separate wills -- one dealing with assets in India and another for assets in the UAE. However, these documents must be carefully worded to ensure they do not overlap or revoke each other. A unified approach through the DIFC or Dubai Courts registry can sometimes simplify matters, particularly for those with property or investments in multiple countries.

 

Without a registered will, complications can arise. In such cases, the law’s default rules on inheritance apply. For non-Muslims under the 2022 Decree-Law, the spouse and children inherit equal shares, removing the gender-based distinctions that exist under traditional Sharia law. While this is a more balanced approach, it may still not reflect an individual’s specific wishes. Moreover, in the absence of a valid or recognised will, courts in both the UAE and India may take time to verify legal heirs, delaying access to funds or property.

 

The recent legal reforms have thus provided non-Muslim expatriates, including NRIs, an opportunity to exercise greater control over their estate planning. Whether they choose to register their will under DIFC rules, at the Dubai Courts, or at the Indian Consulate, the process has become transparent and accessible. What remains essential is proper legal advice to ensure that the will aligns with both UAE and Indian inheritance frameworks.

 

For NRIs in Dubai, drafting a will is no longer just a matter of personal preference -- it is a crucial step in safeguarding family interests and avoiding cross-border legal disputes. As the UAE continues to refine its personal status laws, the path to protecting one’s legacy, both at home and abroad, has never been clearer.

 

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