Demystifying Will Registration: What You Need to Know to Protect Your Legacy
Why Having a Will in the UAE is Crucial
In the UAE, having a legally registered will is essential for protecting your assets, ensuring your family’s financial security, and maintaining control over your legacy. Without a will, local inheritance laws will determine how your wealth is distributed, which may not align with your wishes.
Understanding Sharia Law and Its Impact on Inheritance
The UAE follows Sharia law for inheritance if no will is in place. Under Sharia principles:
- Sons inherit twice as much as daughters.
- A spouse receives only a fixed portion of the estate.
- Parents, siblings, and extended family may also receive a share.
- Full ownership transfer is not recognized; assets are divided among heirs.
Non-Muslims can opt out of Sharia-based inheritance rules by registering a will. This allows expatriates to distribute their assets according to their preferences.
What Happens If You Don’t Have a Will?
If you pass away without a will in the UAE, several legal and financial complications may arise:
- Bank Accounts & Assets:
- All UAE bank accounts, including joint accounts, will be immediately frozen.
- A lengthy legal process is required for family members to access funds.
- Business shares may be divided among multiple heirs, potentially leading to disputes.
- Children’s Guardianship:
- The mother does not automatically gain custody of minor children.
- A court will appoint a legal guardian, who may be a male relative.
- Property & Business Ownership:
- Real estate and business ownership will be distributed per Sharia law, not according to personal wishes.
- Business succession may become complicated and contested.
- Legal Delays & Stress:
- Families must undergo legal proceedings to claim assets.
- The process can be time-consuming, costly, and emotionally draining.
Benefits of Having a Will
By registering a will in the UAE, you gain the following advantages:
- Full control over asset distribution – Decide who receives what.
- Financial security for your family – Ensure your spouse and children are protected.
- No bank account freezing – Immediate access for beneficiaries.
- Choice of legal guardians for children – Ensure their well-being.
- Business & property protection – Maintain ownership within your chosen successors.
- Simplified legal process – Avoid unnecessary delays and expenses.
Who Should Have a Will in the UAE?
A will is essential for:
- Expatriates (Non-Muslims) – To avoid automatic application of Sharia law.
- Business Owners – To secure company ownership transition.
- Property Owners – To ensure real estate is inherited by chosen beneficiaries.
- Parents with Minor Children – To guarantee legal guardianship.
- Investors & Bank Account Holders – To prevent account freezing.
What Can Be Included in a Will?
Your will can cover:
- Bank accounts (UAE & international)
- Properties (both local and abroad)
- Business ownership & shares
- Investments & stocks
- Legal guardianship of children
- Personal assets & valuables
- Charitable donations
How to Register a Will in the UAE
Several options are available for will registration:
- DIFC Wills Service Centre: suitable for Dubai and Ras Al Khaimah assets.
- Notary Public Will: A more affordable option but may still be subject to Sharia law.
- Abu Dhabi Judicial Department (ADJD): Covers wills in Abu Dhabi.
- Home Country Will: Requires UAE court approval for implementation.
Why You Should Act Now
Life is unpredictable, and preparing a will ensures that your loved ones do not face unnecessary legal hurdles. Registering a will provides:
- Peace of mind: knowing your family and assets are protected.
- Financial security: avoiding prolonged legal battles.
- Control over your legacy: deciding how your wealth is distributed.
Contact Us for Assistance
If you need help drafting and registering your will in the UAE, reach out to us
