UAE: How can non-Muslim expats draw up a will in Dubai?

Question: I am a non-Muslim expat living in Dubai. I have some assets in the country and wish to draw up a will. How do I go about this? What do I do after to make sure it holds in my home country too?

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Answer: Pursuant to your queries, as a non-Muslim resident of Dubai, you have multiple options to create and register a will for your assets in the UAE.

In this context, we may refer to the provisions of the following laws: (i) Federal Decree Law No. 41 of 2022 on Civil Personal Status, (ii) Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai and (iii) the DIFC Wills and Probate Registry Rules.

In the UAE, a non-Muslim may apply the provisions of the UAE Personal Status Law for non-Muslims his or her personal matters. This is in accordance with Article 1(1) of the UAE Personal Status Law for non-Muslims, which states:

“The provisions of this Decree Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regards to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. 5 of 1985 referred to above.”

Based on the mentioned provisions of the UAE Personal Status Law for non-Muslims, a non-Muslim may also register a will as per his/her choice, This is in accordance with Article 11(1) of the UAE Personal Status Law for non-Muslims, which states:

“A legator may leave a Will with all his assets in the State to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law."

In addition, the registration of wills of non-Muslim individuals in Dubai should follow the provisions of Dubai Law No. 15 of 2017, referring to the provisions of Article 3 and Article 6(a).

Article 3 of Dubai Law No. 15 of 2017 states:

“This Law will apply to all Wills and Estates of non-Muslims in the Emirate, including in the Dubai International Financial Centre.”

Meanwhile, Article 6(a) of Dubai Law No. 15 of 2017 states:

“A register known as the "Register of Wills of non-Muslims" will be created at the Dubai Courts and the DIFC Courts for the purpose of registering Wills of non-Muslims.”

Following the above provisions of the Dubai Law No 15 of 2017, a non-Muslim resident in Dubai, may register his or her will at the Dubai Courts or the DIFC Courts Wills Service Centre of the Dubai International Financial Centre (DIFC).

A will to be registered in Dubai Courts or DIFC must include the details of the executor(s) and/or beneficiaries of the testator’s properties and assets including but not limited to all of the testator’s movable and immovable properties, tangible and intangible properties. This also includes but not limited to real estate properties, shares in businesses and legal entities, bank accounts and the money kept in the bank accounts, credentials or passwords for his or her bank accounts, and other matters, jewellery, (the ‘Estate’) based in the UAE or outside the UAE.

With respect to the registration of wills at the DIFC Wills Service Centre, Article 9(1) of DIFC WPR Rules sets out the requirements for the registration of non-Muslim wills. The provisions read as follows:

"1 These Rules shall apply only to wills:

a. of non-Muslim individuals over the Age of Majority;

b. 1) that are in a form as set out in Schedule 1, in the English language, in writing;

2)witnessed by at least two witnesses of the age of majority, such persons being either physically or virtually present in front of the Registrar or an Authorised Officer at the time of witnessing;

c. signed (in person) by the Testator;

d. that appoint Executors over the Age of Majority;

e. that appoint a Guardian, if at all, for a Minor who is habitually a resident with the Testator, in Dubai or Ras Al Khaimah;

f. that are deposited and (at the time of death remain) registered with the Registry; and