Ultimate Guide to Will Registration in the UAE: DIFC, ADJD, and Dubai Courts

Registering a will in the UAE is important to protect your assets and clarify your final wishes. Here are the main benefits of registering a will:

• Legal Validity: A registered will is legally recognized in the UAE, ensuring enforceability and adherence to UAE laws, which can include Sharia law, civil law, and local regulations.
• Asset Distribution: Registration provides clarity on asset distribution, minimizing disputes among heirs and ensuring wishes are honored.
• Avoiding Intestate Succession: Without a registered will, assets are distributed under UAE intestacy laws, which may not align with personal preferences.
• Protection of Expatriate Assets: Expatriates can specify asset distribution within Dubai and Ras Al Khaimah by registering through the DIFC Wills Service Centre.
• Streamlined Legal Process: A registered will simplifies the probate process, reducing legal challenges and delays.
• Executor Clarity: Registering a will gives executors clear guidance on estate administration.
• Local Law Compliance: Compliance with UAE legal frameworks is ensured, as each emirate has its requirements for will registration.

Options for Will Registration in the UAE by Emirate

1. Dubai: Register with the DIFC Wills Service Centre.
2. Abu Dhabi: Register with the Abu Dhabi Judicial Department (ADJD).
3. Ras Al Khaimah: Register with the RAK International Wills Registry.

Requirements for Will Registration in the UAE

Before registering a will, it is important to gather the necessary documents and meet specific requirements, which may vary by emirate. These generally include:

• Identification Documents: Passport and UAE residence visa.
• Proof of Assets: For DIFC and RAK wills, documentation of assets may be required.
• Fees: Vary by will type and registration authority.
• Certificate of Registration: Issued upon successful registration.

Pro Tip: Periodically review and update your will to reflect changes in assets, family status, or personal preferences.

Types of Wills Available in the UAE

1. DIFC Wills (Dubai International Financial Centre)

The DIFC Wills Service Centre provides a specialized legal framework for expatriates and non-Muslim residents to register their wills, specifically covering assets within Dubai and Ras Al Khaimah. Established in 2015, this service allows individuals to ensure asset distribution according to their wishes.

• Applicability: Expatriates in Dubai and Ras Al Khaimah.
• Assets Covered: Real estate, bank accounts, investments.
• Legal Framework: Operates under common law principles, offering flexibility for expatriates.
• Process:
  1. Draft the Will: Legal assistance is recommended.
  2. Register: Submit the will to the DIFC Wills Service Centre and pay a filing fee.
  3. Execute: The will is executed as per DIFC procedures, ensuring the testator’s wishes are respected.

Types of DIFC Wills

• Property Will: Covers real estate in Dubai and Ras Al Khaimah.
• Non-Property Will: Covers assets like bank accounts and investments.
• Full Will: Covers both property and non-property assets.
• Guardianship Will: Appoints guardians for minor children.

2. ADJD Wills (Abu Dhabi Judicial Department)

The ADJD provides a streamlined process for residents in Abu Dhabi to register wills, catering to expatriates and locals alike. This option aligns with UAE federal laws, which may include elements of Sharia law depending on the testator’s background and wishes.

• Applicability: Expatriates and residents of Abu Dhabi, Dubai, and Sharjah.
• Assets Covered: Real estate, investments, personal belongings.
• Legal Framework: UAE federal laws with possible inclusion of Sharia law.
• Process:
  1. Draft the Will: Consult a legal expert familiar with ADJD requirements.
  2. Register: Submit the will to ADJD for registration.
  3. Execution: The will is executed according to ADJD procedures, ensuring compliance with local laws.

Note: Both Muslims and non-Muslims can register their wills under ADJD to outline their asset distribution preferences.

3. Dubai Courts Wills

The Dubai Courts system offers a will registration framework that integrates elements of Sharia law for Muslim individuals and civil law for non-Muslims. This option is particularly suited to UAE nationals and expatriates who prefer or need to use the Dubai Courts system rather than the DIFC.

• Applicability: UAE nationals, Muslims, and expatriates in Dubai.
• Assets Covered: Real estate, personal property.
• Legal Framework: Sharia law for Muslims; civil law flexibility for non-Muslims.
• Process:
  1. Draft the Will: Work with a legal professional to ensure compliance.
  2. Register: Submit the will to Dubai Courts, which may involve specific documentation.
  3. Execution: Obtain a registration certificate, confirming the will’s legal standing in Dubai Courts.

Types of Dubai Courts Wills

• Islamic Will: Adheres to Sharia law for Muslim testators.
• Non-Islamic Will: Allows non-Muslims to distribute assets according to personal preferences.

Application Process Summary for Each Will Type

Advantages of Registering a Will in the UAE

• Clear Legal Framework: Ensures assets in Dubai and Ras Al Khaimah are distributed according to testator’s wishes.
• Expatriate Focused: Meets the needs of expatriates and non-Muslims, aligning with local and international standards.
• Structured Process: Aids in drafting, registering, and executing wills, simplifying estate planning.
• Compliance and Flexibility: Each type offers advantages depending on personal and legal preferences.

Conclusion

Choosing the right will registration option in the UAE depends on your residency status, religious background, and specific asset distribution needs. From DIFC’s common-law framework to ADJD’s streamlined registration for Abu Dhabi residents, and Dubai Courts’ Sharia-compliant wills, the UAE provides diverse legal options to ensure that your assets are protected and distributed according to your wishes.

For accurate and personalized guidance, always consult with a legal expert who specializes in UAE estate planning.

If you’re ready to register your will or need personalized advice on UAE estate planning, consult our legal experts to simplify the process and protect your legacy.