As an expatriate residing in Dubai with assets both in the UAE and your home country, you have several legal options available for drafting and registering a will. The UAE’s legal framework allows non-Muslim expatriates to manage their estate according to the laws of their home country or UAE law, depending on personal preference.
Under Article 1(1) of the Federal Decree Law No. 41 of 2022 on Civil Personal Status, non-Muslims in the UAE can choose to apply the laws of their home country to matters such as marriage, divorce, inheritance, and wills. This law provides flexibility, allowing you to either follow UAE regulations or those of your home country for drafting a will.
Additionally, Article 11(1) of the UAE Personal Status Law for Non-Muslims explicitly states that a non-Muslim can leave a will for the distribution of their assets to any chosen beneficiary. This provision allows expatriates to distribute their assets within the UAE freely according to their wishes.
For expatriates in Dubai, Law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of Non-Muslims applies. This law governs how wills for non-Muslims are administered within the emirate, including the Dubai International Financial Centre (DIFC). Under this law, non-Muslims may register their wills in the "Register of Wills of Non-Muslims" at Dubai Courts or DIFC Courts.
Registering a Will in the UAE
Non-Muslim expatriates in Dubai can register their wills through several avenues:
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Dubai Courts – You can register your will at Dubai Courts, ensuring that it covers all your movable and immovable assets within the UAE. The will can include details about executors, beneficiaries, and other specifics regarding your estate.
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DIFC Wills Service Centre – The DIFC also offers will registration services through the DIFC Wills and Probate Registry Rules. According to Article 9(1) and Article 11 of the DIFC WPR Rules, a will registered at the DIFC can cover both your UAE and international assets, giving you flexibility to include properties and investments located outside the UAE.
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Embassy/Consulate – Depending on your home country’s regulations, you may also be able to register your will at your home country’s embassy or consulate in the UAE. This option allows you to align your estate planning with the laws of your home country.
Drafting a Will for UAE and International Assets
When drafting your will in the UAE, you can cover both movable and immovable assets located in the UAE and elsewhere. These assets may include:
- Properties
- Investments
- Bank accounts
- Shares in entities
- Movable items such as jewellery
- Digital assets, such as email and social media credentials
In summary, you have the option to register a will for your assets both in the UAE and your home country, as allowed under UAE law and your home country’s regulations. It is advisable to consult an independent legal expert to ensure that your will is drafted in accordance with applicable laws and properly reflects your wishes regarding the distribution of your assets.
