The UAE is home to a large expatriate population, many of whom own property, run businesses, or have family ties in the country. One area that often raises questions is wills and inheritance law. While the UAE follows Islamic Sharia principles as the default system of inheritance, expatriates are given certain options to ensure their assets are distributed according to their wishes. Understanding these rules is essential for safeguarding family and financial interests.

Inheritance Law in the UAE

By default, inheritance in the UAE is governed by Federal Law No. 28 of 2005 (Personal Status Law), which applies Sharia principles. Under this system:

• Assets are distributed among heirs based on fixed shares.

• Male heirs generally receive a larger portion than female heirs.

• Spouses and children inherit, but shares vary depending on the surviving relatives.

For many expatriates, this may not align with their home country laws or personal preferences, which is why special provisions have been made.

Options for Expats in UAE

1. Registering a Will in the UAE

Expats can register a will to ensure their assets are distributed according to their own wishes, rather than Sharia law.

• Dubai International Financial Centre (DIFC) Wills Service Centre and Abu Dhabi Judicial Department (ADJD) allow non-Muslim expats to register wills.

• A registered will can cover assets, guardianship of children, and distribution of estates.

• This provides clarity, reduces disputes, and protects family members.

2. Home Country Law

The UAE’s Personal Status Law permits expatriates to request the application of their home country’s inheritance law. This must be stated clearly and may require supporting documentation.

Key Steps to Register a Will

1. Consult a Legal Expert: Work with a lawyer experienced in UAE inheritance law.

2. Draft the Will: Clearly outline asset distribution, guardianship of minors, and executor details.

3. Choose the Right Jurisdiction: Decide whether to register with the DIFC, ADJD, or through a notary public.

4. Register the Will: Complete the registration process with the relevant authority.

Why Having a Will Is Important for Expats

• Ensures assets are distributed as per personal wishes.

• Protects family members from legal uncertainty.

• Simplifies probate and reduces inheritance disputes.

• Secures guardianship arrangements for minor children.

Conclusion

For expatriates living in the UAE, wills and inheritance planning is not just a formality—it is a necessity. While the UAE’s default inheritance rules are based on Sharia law, expats can register wills to apply their personal wishes or home country laws. By taking proactive steps, families can avoid unnecessary legal complications and safeguard their future.

For guidance on drafting and registering a will in Dubai, Abu Dhabi, or elsewhere in the UAE, Falcon Law provides expert legal support tailored to expatriates.