How to Register a Will with Dubai Courts for Non-Muslims

For non-Muslim expatriates, registering a will at Dubai Courts is essential to avoid default application of Shariah law. This process differs from DIFC Wills Service Centre, which functions under common law. Dubai Courts provide an official, Arabic-language, civil law option that is more affordable and widely accessible.   

 

Legal Basis for Non-Muslim Wills in Dubai

 

What the Law Says About Non-Muslim Wills

Under Federal Decree-Law No. 41 of 2022, non-Muslims can now opt to apply the law of their home country to govern their inheritance and wills. This law has a broad scope, applying across all Emirates and superseding previous default Shariah provisions.

 

Recent Legal Reforms Supporting Testamentary Freedom

Non-Muslims are no longer subject to automatic Shariah inheritance. They can now opt out by creating a will that applies their own national law. This helps ensure that their estate is distributed according to their cultural and family values.

 

Eligibility to Register a Will with Dubai Courts

 

Who Qualifies to Register

• Non-Muslim expatriates with assets, children, or family in Dubai.

• The testator (person making the will) must be of sound mind and at least 21 years old.
  
  
   

Residency Requirements

• The testator must have a valid UAE residence visa and Emirates ID. To register a will specifically with Dubai Courts, the individual should demonstrate a connection to the Emirate, typically through residency or having assets located in Dubai.

 

Language and Legal Capacity Requirements

• The testator must have full legal capacity (mentally sound and legally competent).

• The will must be in Arabic or translated into Arabic by a certified legal translator.
  
  
   

Types of Wills Accepted by Dubai Courts

 

Format of the Will (Arabic or Translated Version)

Wills must be submitted in Arabic. If written in English or another language, it must be translated by a certified legal translator before notarization.

 

Handwritten vs Typed Wills

Typed wills are preferred. Handwritten wills are generally not accepted unless notarized and verified by the court.

 

Guardianship Clauses and Property Clauses

Your will should include:

 

• Appointment of a guardian for minor children.

• A list of assets and how they are to be distributed.

• The executor’s name and powers.

• A clause specifying that your home country’s law will govern the will.

Step-by-Step Process to Register a Will with Dubai Courts

1. Draft Your Will According to UAE Guidelines

The will must include key clauses for asset distribution, guardianship, and a clear statement specifying that the law of your home country should apply. While a lawyer's help is optional, it is highly recommended to ensure the will is legally sound and complies with all formal requirements.

 

2. Translate and Notarize the Will

Get the will translated into Arabic. Then visit a Dubai Courts notary public for notarization.

 

3. Book an Appointment with the Notary

Use the Dubai Courts e-Services portal to schedule a notary appointment. Choose the "Will Registration" option.

 

4. Submit and Record the Will at Dubai Courts

Attend the appointment with your documents. After notarization, your will is officially registered in the Dubai Courts system.

 

 

Documents Required for Dubai Court Will Registration

• Valid passport and Emirates ID

• Residence visa copy

• Will draft (in Arabic or with certified translation)

• List of UAE assets (real estate, bank accounts, vehicles, etc.)

• Marriage certificate or divorce decree (if applicable, translated)

• Consent letters from guardians (if naming guardians for children)

• Children’s birth certificates (if guardianship is included)

 

 

All documents in foreign languages must be translated into Arabic and attested.

 

Costs and Timeline for Will Registration at Dubai Courts

 

• Cost of Translation Services

You’ll need to translate your will into Arabic using a certified legal translator. The cost varies based on length and complexity.

 

• Court and Notary Charges

Registering and notarizing your will through Dubai Courts involves official fees. These may differ depending on the notary public and the nature of the will.

 

• Professional Assistance Charges

If you choose to hire a lawyer or legal expert to draft or review your will, additional fees will apply based on their experience and the services provided.

 

Typical Processing Timeline

• Will drafting and translation: 1–3 days

• Notary appointment and registration: within 1–2 weeks
  
  
   

Are Future Amendments Charged?

Yes. Any amendment requires re-registration and may incur the same fees as initial registration.

 

Post-Registration Legal Validity and Enforcement

 

When Does this Will Take Effect?

The will becomes legally effective upon the testator’s death.

 

Role of Dubai Courts in Probate

After death, the executor or family must apply to Dubai Courts to start probate. The court verifies the will and authorizes asset distribution.

 

How Beneficiaries Access the Registered Will

The will is securely stored in the Dubai Courts registry and can be accessed during probate proceedings with proper authorization.

 

Legal Considerations for Expats Registering Wills in Dubai

 

Cross-Border Asset Considerations

If you own assets in multiple countries, consider creating separate wills for each country to avoid legal conflicts.

 

Avoiding Conflicts with Home Country Wills

Ensure your Dubai will does not contradict any other will you’ve made abroad. Use clear jurisdiction clauses.

 

When to Seek Legal Advice

Seek a legal expert if:

 

• You have property in several countries

• You have dependents under multiple legal systems

• You are unsure which laws apply to your situation
  
   

 

FAQs 

1. Can a non-Muslim register a will at Dubai Courts without a lawyer?

Yes. A lawyer is not mandatory, but professional help is recommended to avoid errors in formatting, language, or law.

 

2. Is Arabic translation mandatory for Dubai Court registration?

Yes. The will must be in Arabic, or officially translated by a certified legal translator.

 

3. What happens if a non-Muslim dies in Dubai without a will?

If no will exists, Shariah-based inheritance rules may apply. However, under Law No. 41 of 2022, courts may consider applying the deceased’s home country law if nationality is proven.

 

4. Can I register a joint will with my spouse in Dubai Courts?

No. Each individual must register a separate will under Dubai Court procedures.

 

5. How often should I update my will registered with Dubai Courts?

 It's not mandated by law but only in a practical sense.

 

6. Is a will registered with Dubai Courts valid across the UAE?

A will registered with Dubai Courts is valid in Dubai. While the Federal Decree-Law No. 41 of 2022 has a nationwide scope, the enforcement of a Dubai Courts Will in other Emirates may still require a separate legal recognition procedure or a notarization process, as each Emirate’s court system operates independently.

 

7. How does Dubai Courts handle guardianship for children under a Will?

You can appoint a guardian in the Will, but Dubai Courts will evaluate whether the appointment serves the best interest of the child, especially in custody disputes.

 

 

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