Many expats living in the UAE assume that their home country’s inheritance laws automatically apply to their assets in the UAE. However, this is not the case. In the absence of a legally binding will, Sharia Law may apply, regardless of your religion or nationality. This blog will guide you through your rights and responsibilities as an expat regarding wills, ensuring you have the knowledge to make informed decisions and protect your loved ones.

1. Why Wills Are Essential for Expats in the UAE

If you are an expat living in the UAE, a will is not just an option; it’s a critical legal safeguard that ensures your estate is distributed according to your wishes rather than defaulting to local laws. Here’s why having a will is essential:

a. Avoiding the Automatic Application of Sharia Law

Under UAE law, in the absence of a will, Sharia Law governs the distribution of an expatriate’s assets, regardless of their religion or nationality. This can result in outcomes that may not align with your intentions, such as:

• Unequal distribution among your children or beneficiaries.

• Exclusion of non-Muslim spouses from certain assets.

• Complications with international assets.

A legally binding will allows you to specify exactly how your assets should be divided, ensuring your wishes are respected.

b. Ensuring Guardianship for Minor Children

For expatriates with children, one of the most important aspects of a will is appointing a guardian for your minor children in the event of your death. Without a will, the UAE courts decide on guardianship, which may not align with your wishes. By having a will:

• You ensure your children are placed under the care of someone you trust.

• You avoid prolonged legal proceedings that could disrupt your children’s lives during an already difficult time.

2. What Expatriates Need to Know About Wills in the UAE

Creating a legally binding will as an expatriate in the UAE involves understanding the specific legal framework and processes. Here are key points to keep in mind:

a. The DIFC Wills Service Centre and Abu Dhabi Judicial Department

Expatriates have the option to register their wills with the DIFC Wills Service Centre, Dubai Courts or the Abu Dhabi Judicial Department. These services allow expatriates to create and register wills that align with international standards and ensure their estate is distributed according to their wishes, without the automatic application of Sharia Law. This ensures:

• Your assets in Dubai, Abu Dhabi, and any other emirate are distributed according to your will.

• Guardianship decisions for your minor children are upheld as per your instructions.

b. Compliance with UAE Regulations

For a will to be valid in the UAE, it must comply with local regulations, including proper registration and witnessing. It’s crucial to seek professional assistance to ensure your will meets these requirements and is legally enforceable. At Firm Advice, we guide you through each step of the process, ensuring your will is compliant and secure.

3. Common Misconceptions About Wills for Expatriates

There are several misconceptions that expatriates may have about wills and inheritance laws in the UAE. Understanding the facts can help you make informed decisions:

a. “My Home Country’s Inheritance Laws Apply”

Many expatriates mistakenly believe that their home country’s laws automatically apply to their assets in the UAE. In reality, without a UAE-registered will, Sharia Law may govern the distribution of your UAE assets. Creating a legally binding will in the UAE ensures that your wishes, rather than local laws, dictate the distribution of your estate.

b. “Joint Accounts Will Automatically Transfer to My Spouse”

Expatriates with joint bank accounts may assume that the funds will automatically transfer to their spouse if they pass away. However, the UAE may freeze bank accounts upon the account holder’s death, potentially leading to financial difficulties for your surviving family members. A will can help ensure smooth access to funds and prevent such complications.

c. “I Only Need a Will If I Have a Large Estate”

Regardless of the size of your estate, a will is essential for expatriates. It’s not just about the distribution of wealth; it also includes important aspects like guardianship of minor children, bank accounts, end of service benefits, specific gifts or belongings that hold sentimental value. Protecting your family’s future and ensuring your wishes are respected are reasons enough to have a legally binding will.

4. Benefits of Creating a Will with Firm Advice

At Firm Advice, we understand the unique challenges expatriates face in the UAE when it comes to estate planning. We offer tailored services that make the process straightforward and stress-free. Here’s why you should choose us:

• Personalized Consultations: We provide personalized consultations to understand your specific needs and circumstances, ensuring that your will reflects your wishes accurately and comprehensively.

• Expertise in UAE Inheritance Law: Our experienced legal team is well-versed in UAE inheritance law and expatriate rights. We guide you through the complexities of the legal system, ensuring your will is properly drafted, witnessed, and registered.

• Registration Assistance: We assist you with registering your will at the DIFC Wills Service Centre or the Abu Dhabi Judicial Department, making sure your will is legally enforceable and protects your assets and loved ones.

5. Steps to Create a Legally Binding Will in the UAE

If you are ready to create a will in the UAE, follow these steps:

• Schedule a Consultation: Contact us at Firm Advice to schedule a consultation with one of our legal experts. We will discuss your needs and gather the necessary information to draft your will.

• Draft Your Will: Based on your information, we draft a comprehensive will that includes asset distribution, guardianship, and other specific wishes.

• Review and Finalize: We will provide the initial draft for your review to ensure the document reflects your intentions and also we will make any necessary changes if you have any comments.

• Register Your Will: We will assist you with registering your will at the relevant authority, ensuring it is legally recognized and enforceable.

• Update as Needed: Life changes, and so should your will. We offer ongoing support to update your will as your circumstances evolve, such as marriage, divorce, childbirth, etc.  

To conclude, as an expatriate in the UAE, having a legally binding will is crucial to ensure your assets are distributed according to your wishes and your family’s future is secured.

At Firm Advice, we specialize in creating wills tailored to your needs, offering expert guidance and comprehensive support throughout the process. Contact us to learn more about having a Will in the UAE.