Understanding UAE Wills in Q&A with Sunita Singh-Dalal, Head of Private Wealth & Family Offices at Hourani and Partners, UAE

Question 01

What happens to my assets in the UAE if I do not have a Will in place?

In the absence of a Will, the UAE’s Personal Status Law governs the distribution of an individual’s assets. Under this legislation, UAE assets are allocated in accordance with Sharia’h principles, which may not align with the individual’s personal intentions or preferences.

Question 02

How should I approach appointing guardians for my children, and what should I consider in practice?

Guardianship provisions ensure that someone you trust can step in to care for your minor children if you are no longer able to do so. They give a chosen person the legal authority to make important decisions about the child’s wellbeing, such as upbringing, education and healthcare. Setting this out clearly in a Will helps ensure your wishes are followed and provides reassurance for the future.

When appointing guardians, it is important to consider both types of guardians:

In some cases, the same individuals may fulfil both roles. Careful consideration should be given to the suitability, willingness and practical ability of the appointed guardians.

Question 03

As a Muslim, can I register a Will in the UAE that reflects my personal wishes?

Yes. All Muslims (except UAE Nationals) can prepare and register Wills in the Abu Dhabi Judicial District (ADJD) Civil Family Court. Within this Will you can freely specify what is to happen to your UAE assets upon your death, or even ask the Courts to apply the laws of your home country. The ADJD Civil Family Court will uphold such wishes and instructions and will not apply the Sharia’h principles of forced heirship.

Question 04

What are the main differences between registering a Will in the ADJD, Dubai Courts, or DIFC, and how do I decide which is right for me?

Depending on personal circumstances, the table below illustrates which of the UAE Courts will work best for the registration of Wills:

Question 05

Can a UAE Will include worldwide assets too?

This depends on two key factors: the restrictions and local laws applying to each asset, and the choice of where you register your Will in the UAE. DIFC Wills, which are available to non-Muslims only, permit the inclusion of global assets.

It should be noted, however, that whilst DIFC Wills can include global assets, each case must be considered on its facts. If in doubt, we always recommend that clients execute Wills in each country where they hold assets, taking formal legal advice to ensure that such Wills comply with local laws and to avoid future disputes and challenges arising within the family.

Question 06

When should I review or update my Will, and what common mistakes should I avoid?

You should review your Will regularly and update it whenever there are significant changes in your life. This includes events such as marriage, divorce, the birth of a child, or the acquisition of a substantial asset. Even without these changes, it is good practice to revisit your Will every few years to ensure that it still reflects your wishes and current circumstances.

Common mistakes to avoid include failing to update a Will after major life events, not giving proper consideration to the appointment of guardians for minor children, overlooking local assets, and using unclear language when drafting. It is also important to ensure that your Will complies with local legal requirements, as an invalid or poorly drafted Will can lead to unintended outcomes.

A properly drafted and registered Will in the UAE is essential for expatriates and residents alike, ensuring that assets are distributed according to the testator’s instructions and that families are protected. With the recent change to the age of majority and the potential application of local laws in the absence of a registered Will, proactive planning is critical for asset protection. Careful consideration should be given to guardianship arrangements, the scope of assets covered, and the appropriate registration forum. Tailored legal advice helps individuals navigate these options effectively and provides clarity and peace of mind for the future.

For more information, please contact Sunita Singh-Dalal, Partner and Head of Private Wealth & Family Offices, or Farah Baidas, Paralegal in the Private Wealth & Family Offices practice.

¹  Federal Decree-Law No. (41) of Personal Status Law 2024.

²  Article 84 of Federal Decree-Law No. (25) of 2025 issuing the Civil Transactions Law.