Why Expats Should Consider Making a Will in the UAE

Living in the UAE comes with countless advantages, like world-class lifestyle, tax benefits, and a thriving business environment. But there’s one area many expats overlook: estate planning.

If you have a family, own property, or run a business in the UAE, a will isn’t just a legal formality, it’s essential. Without one, local laws may determine how your assets are distributed, and that might not reflect your wishes.

Asset protection in the UAE starts with structure. The right business setup gives you limited liability, shields your personal assets, and ensures full ownership. Meydan Free Zone provides that foundation, and a will takes the next step by securing your personal and family future.

This blog explores why every expat in the UAE should consider drafting a will, and how it works hand in hand with smart business planning.

Understanding Wills in the UAE

A Will in the UAE is a legal document that outlines how a person’s assets and property will be distributed after their death, and may also include instructions for the guardianship of minor children.

For both UAE nationals and expatriates, having a Will is essential, as without one, local inheritance laws, which are based on Sharia principles will apply. This can significantly impact how assets are divided and how guardianship is determined.

Why You Should Have a Will in the UAE

The UAE is home to over 8 million expatriates, many of whom have built families, careers, businesses, and assets while living here. For expats, ensuring these assets are protected is an important part of long-term planning.

Inheritance in the UAE is governed by Sharia Law, which applies by default unless a registered will is in place. Here’s what you need to know about how inheritance works in the UAE, and why putting a will in place is one of the most important steps for securing your family’s future:

1. Sharia Law and Asset Distribution
   Without a registered will, your assets will not automatically go to your spouses or children. If you do not make a will, the local court could step up and distribute everything according to the Sharia Law, which means:
   
   • Your spouse would not get the shared property
   • Your children’s inheritance would be locked in, until they turn 21 years old
   • If you are a business owner, your assets will be frozen until legal matters are resolved
2. Protection or Guardianship for Minor Children
   For expat parents, choosing a guardianship is very important. In case of not having a will, the UAE courts may appoint a guardian for the minors, and it may not be who you would have picked. A will lets you make that decision and gives your children the right guardian.
3. Asset Protection
   A will ensures that your assets are distributed the way you want, whether it’s property, savings, or investments. It gives you full control and protects what you've worked hard to build.
4. Prevent Freezing of Accounts
   In the UAE, bank accounts including joint ones are typically frozen after death. Without a will, this freeze can last for months while the courts sort out inheritance, making it harder for your family to access funds. A will can help speed up the process and reduce financial stress.
5. Easy Transferring of Assets Overseas
   Many expats have property or savings in both the UAE and their home country, and a UAE-compliant will is the key to ensuring those assets end up exactly where you intend. Without it, your family may face legal complications and lengthy court processes.
6. Easy Registration Options
   Expats in the UAE have simple ways to register a will. Non-Muslims can choose between:
   
   • DIFC Courts Wills Service Centre: An English-language service for Dubai and Ras Al Khaimah. It’s a secure and legal way to make sure your wishes are followed.
   • Abu Dhabi Judicial Department (ADJD): Another trusted option for expats to register their wills in the UAE.

How To Make a Will in the UAE

Making a will in the UAE is a crucial part of protecting your assets. Here are some steps for expats to make a will.

Steps to make a will in the UAE

Civil Law: UAE Inheritance Laws for Expatriates

In the UAE, inheritance is generally governed by Sharia law, this means asset distribution is governed by fixed shares based on Islamic principles, unless there is a valid registered will which says otherwise.

For non-Muslim expats used to different inheritance rules, this can come as a surprise. Thanks to the Federal Decree-Law No. 41 of 2022, non-Muslim expats can avoid the default Sharia-based distribution and clearly decide to opt for a civil inheritance system.  Civil inheritance law gives them equal distribution of assets and allows for personal choices.

If you do not make a will, the law now defaults to a 50/50 split between spouse and children, male or female, equally.

Protect Your Legacy with Meydan Free Zone  

Starting your business and acquiring assets in the UAE is a major milestone. A registered will safeguards your loved ones, prevents inheritance disputes, and guarantees your assets are distributed according to your wishes, even when you’re not here to oversee them. For entrepreneurs, it means your company can operate or be sold without legal hurdles.

At Meydan Free Zone, we support you at every stage, from launching your company in under 60 minutes, to 100% foreign ownership, 24/7 expert assistance and guidance on will registration and succession planning.

Because true success isn’t just about what you build, it’s about how well you protect it.

FAQS

1. Why do expats need a will in the UAE?

Without a registered will, the UAE defaults to Sharia law for asset distribution, which may not match the expat’s personal wishes or family circumstances. A will puts you in control, ensuring your assets go where you intend and your children are cared for by the people you trust.

2. What happens if I die without a will in the UAE?

If you, as an expat, pass away without a will, local courts will follow Sharia-based inheritance laws. This could lead to frozen bank accounts, unexpected guardianship decisions, and fixed asset distribution.

3. Can expats make a will in the UAE?

Yes, even non-Muslim expats can legally make a will in the UAE and register it through DIFC Wills Service Centre or Abu Dhabi Judicial Department (ADJD) to ensure civil law applies to their UAE assets.

4. How does DIFC Courts Will Registration work?

DIFC Courts Will Registration is a legal service for non-Muslim expats in Dubai and Ras Al Khaimah. It lets you write and register your will in English and ensures your wishes are honored under common law principles.

5. Is a UAE-registered will, valid for overseas assets?

A UAE will typically cover UAE-based assets. If you have international assets, it’s recommended to create separate wills in each jurisdiction, clearly stating what each will covers to avoid legal conflicts.

6. How do I make a will in the UAE as an expat?

To make a will in the UAE, hire a certified legal professional, gather documents, list your assets, name guardians and executors, and register the will through DIFC courts or ADJD to make it legally enforceable.

7. Does a will protect my business in the UAE?

Yes. A registered will ensures your shares or business assets are passed on as per your instructions, helping avoid disputes and ensuring smooth continuity or sale of your company.

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