How to Draft a Property Will for Real Estate in the UAE

For non-Muslim expats and property owners in the UAE, ensuring the smooth transfer of real estate after death requires careful planning. One of the most effective ways to do this is by creating a property-specific Will. Given the complexities of UAE property inheritance law, drafting a legally compliant Will for real estate is essential to avoid default Sharia distribution and ensure your assets go to your intended heirs.

 

This guide explains how to create a valid property in the UAE, what types of real estate can be included, the legal jurisdictions for registration, and mistakes to avoid.

 

Why You Need a Property-Specific Will in the UAE

Owning real estate in the UAE comes with unique legal responsibilities especially when it comes to inheritance. A property-specific Will ensures your assets are passed on according to your wishes, avoiding default application of UAE inheritance law (Sharia law) for non-Muslims.

 

What Happens Without a Property Will

Without a registered Will, UAE courts apply Sharia law, which can:

 

• Exclude your spouse from full inheritance

• Freeze your property during legal proceedings

• Cause delays, disputes, and unintended distribution

 

Why a General Will Isn’t Enough

A general Will may not:

 

• Be recognized under UAE law

• Clearly address local property distribution

• Be enforceable without UAE registration

 

Benefits of a Property-Specific Will

• Bypasses default Sharia distribution

• Speeds up asset transfer

• Offers legal clarity and protection

• Ensures your real estate goes to the right beneficiaries

 

Types of Property Covered Under UAE Wills

When planning your estate in the UAE, it's crucial to understand which property types can be included in your Will. Whether you own a freehold apartment, a leasehold villa, or a share in jointly owned property, proper documentation ensures smooth succession under UAE law.

 

Below, we break down the key UAE property types that can be covered in a Will and how they’re treated in inheritance planning.

 

Residential and Commercial Properties

Both residential (e.g., villas, apartments) and commercial properties (e.g., office spaces, retail units) in freehold or leasehold zones can be included in a UAE-registered Will. This includes:

 

• Properties in designated freehold areas (e.g., Dubai Marina, JVC)

• Leasehold properties with defined long-term tenure

• Off-plan properties, once registered in your name

 

Whether occupied or vacant, these assets are treated as part of your estate and can be directed to chosen beneficiaries.

 

Jointly Owned or Co-Titled Properties

Jointly owned properties where two or more individuals are listed on the title deed can also be included in a Will. Key considerations:

• The deceased’s share can be distributed according to the Will.

• The surviving co-owner does not automatically inherit the deceased’s portion unless explicitly stated.

• Legal clarity is vital to avoid disputes or forced sale of the asset.

 

In such cases, specifying the exact ownership percentage in the Will ensures smoother succession.

 

Investment and Rental Properties

Properties held for investment purposes, including those generating rental income, are also covered under a UAE Will. These include:

 

• Buy-to-let apartments

• Commercial rental units

• Holiday homes used for short-term leasing (e.g., Airbnb)

 

The Will should state how both the property and any ongoing income (e.g., rental proceeds) are to be handled. This is especially important if multiple heirs are involved.

 

Legal Jurisdictions for Registering Property Wills in UAE

Estate planning in the UAE involves choosing the right legal jurisdiction for registering your Will. Whether you are a non-Muslim expatriate or a long-term resident with UAE real estate, understanding the differences between the DIFC Wills Service Centre, Abu Dhabi Civil Family Court (ADJD), and Dubai Courts is crucial for ensuring your property is distributed according to your wishes.

 

DIFC Wills for Non-Muslims

The DIFC Wills Service Centre (Dubai International Financial Centre) is a common choice for non-Muslim expats with assets in Dubai or the UAE.

 

Read More:   Step-by-Step Guide to Registering a Will at DIFC Wills Service Centre

 

Key Features:

• Only available to non-Muslims.

• Covers real estate, bank accounts, and personal assets in the UAE.

• Recognized and enforced by UAE courts.

 

Pros:
 

• Clear, common law-based inheritance rules

• English-language documentation

• Fast and efficient probate process

• No requirement to translate into Arabic

 

Cons:

• Registration and drafting fees are higher than local courts

• Limited to non-Muslims only

 

Abu Dhabi Judicial Department (ADJD)

ADJD’s Civil Family Court allows non-Muslim residents in Abu Dhabi or other emirates to register Wills under civil law principles.

 

Key Features:

• Accepts Wills from non-Muslim expatriates.

• Applies civil (non-Sharia) inheritance laws by default if opted.

• Covers assets across the UAE.

 

Pros:

• Cost-effective compared to DIFC

• Multilingual support (Arabic and English)

• Growing recognition across the UAE
   

Cons:

• Some procedural complexity in other emirates

• Arabic translations often required for documents

 

Dubai Courts for Local Registration

Dubai Courts is the traditional legal system used primarily by Muslim residents or those who do not opt for DIFC or ADJD Wills.

 

Key Features:

• Applies Sharia law by default in inheritance matters.

• Wills can be registered here, but must comply with UAE public policy.

 

Pros:

• Lower registration costs

• Familiar process for local residents

 

Cons:

• Sharia-based asset distribution for Muslims and intestate estates

• Arabic-only documentation required

• Less favorable for non-Muslim expats seeking full control over inheritance 

 

Steps to Draft a Real Estate Will in the UAE

Follow this structured UAE property Will draft process:

 

Identify Property and Ownership Details

• Mention exact property location

• Include title deed number, ownership share, and registration authority

 

Draft the Property Distribution Clause

• Specify who inherits what

• Mention percentage shares, especially for multiple heirs

 

Appoint an Executor for Real Estate

• Choose someone responsible to oversee property transfer

• Provide their full legal name and identification details

 

Include Guardian/Heir Provisions (if minor children are involved)

• Nominate a legal guardian for minor children

• State how the property should be managed for their benefit

 

Review and Finalize with Legal Translation (if needed)

• Ensure the Will is translated into Arabic (Dubai Courts)

• Have it notarized and registered in your chosen jurisdiction

 

 Required Documents for Property Will Registration

To legally register a property-specific Will in the UAE, you’ll need to prepare and submit a set of essential documents. These documents confirm your ownership, identity, and the details of your heirs or beneficiaries. While requirements vary slightly across jurisdictions—DIFC Wills Service Centre, Abu Dhabi Judicial Department (ADJD), and Dubai Courts—the core list remains similar.

 

Title Deed and Property Certificate

 

Required for all jurisdictions

• Copy of the property title deed (for each UAE property included)

• Oqood certificate (for off-plan properties, if applicable)

• Recent utility bill or service charge statement (optional, for address verification)

 

Proof of Identity (Testator and Beneficiaries)

 

DIFC & ADJD:

• Passport copy of the testator (person creating the Will)

• Emirates ID copy of the testator

• Passport copies of all named beneficiaries (Emirates ID if UAE residents)

 

Dubai Courts:

• Arabic-translated and legally attested passport copies

• UAE visa/residency page for expatriates

 

Executor’s Details and ID

• Full name, nationality, and contact details of the executor (the person who Will carry out the Will)

• Passport copy and Emirates ID (if UAE resident)

• Must be 21+ years of age and legally competent

 

Note: You may appoint backup executors as well.

 

Marriage and Birth Certificates (If Family Is Involved)

Especially relevant for ADJD and Dubai Courts when Wills involve spouses or children:

 

• Marriage certificate (attested and translated into Arabic for Dubai Courts)

• Birth certificates of children (if they are beneficiaries or guardianship is assigned)

• Legal documents must be attested and translated into Arabic for Dubai Courts

  

Mistakes to Avoid When Drafting a UAE Property Will

Avoid these common pitfalls:

 

• Not registering the Will – An unregistered Will has limited legal standing

• Vague or missing property descriptions – Courts may not enforce ambiguous clauses

• Failing to update the Will after buying or selling property

• Not naming an executor or providing alternate heirs

 

Example: A Will that named “my apartment in Dubai” without referencing the title deed was challenged and delayed probate by months.

 

 Updating and Amending Your Property Will

 

When to Update

You should revise your property Will:

 

• After purchasing or selling property

• Upon divorce, marriage, or death of a beneficiary

• If your residency or assets change

 

Legal Process of Amending a Registered Will

• Draft a new Will or use a codicil

• Register the updated document at the same authority (DIFC, ADJD, or Dubai Courts)

 

Re-registration Requirements After Amendment

Any change, even minor, requires:

 

• Fresh notarization

• New registration fees

• Arabic translation, if applicable

  

FAQs

1. Can I draft a Will only for my property in the UAE?

Yes, you can create a property-specific Will UAE focusing solely on your real estate holdings.

 

2.      Does my Will need to be in Arabic to register it in UAE courts?

Yes, for Dubai Courts, your Will must be translated into Arabic by a certified translator. DIFC and ADJD accept English.

 

3.      Can I include overseas property in a UAE Will?

Technically yes, but it’s better to draft separate Wills for assets in different jurisdictions to avoid conflicts.

 

4. What happens to my UAE property if I die without a Will?

Your property Will be distributed under UAE inheritance law, often following Sharia principles, which may not match your wishes. 

 

5. Can my property be contested by heirs under UAE law?

Yes, if your Will is not properly drafted or registered, legal heirs may challenge it based on UAE succession laws.

 

6. Is notarization required for real estate Wills in UAE?

Yes, Dubai Courts require notarization. DIFC and ADJD use electronic or in-person registration, depending on the Will type.

 

7. Can I leave property to non-family members in my UAE Will?

Yes, non-Muslim expats can bequeath property to friends, charities, or any individual, provided it's legally registered.