Will Registration - March 18, 2025

What is Trust in UAE ?

Written By: avish
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Trust in UAE: Definition

A trust in UAE (أمانة in Arabic) is a legal arrangement where one party (the trustee) holds and manages assets for the benefit of others (the beneficiaries). In UAE law, it’s a formal structure recognized primarily through the DIFC and ADGM financial centers, where property, money, or investments are legally held and managed according to specific terms.

Types of Trusts in UAE

A trust can take several forms:

Private Trusts:

  • Family trusts for wealth protection
  • Investment trusts for asset management
  • Property trusts for real estate holdings

Commercial Trusts:

  • Business succession trusts
  • Real Estate Investment Trusts (REITs)
  • Employee benefit trusts

Key Elements of a Trust

Essential Parties:

  1. Settlor – Creates the trust
  2. Trustee – Manages the trust
  3. Beneficiaries – Receive trust benefits

Legal Requirements:

  • Clear intention to create trust
  • Specific trust assets
  • Identified beneficiaries
  • Valid trust deed

How Trusts Work in UAE

Trust Formation:

  • Established under DIFC or ADGM laws
  • Requires formal documentation
  • Must follow specific regulations
  • Needs proper registration

Trust Operation:

  • Asset management by trustees
  • Regular reporting requirements
  • Benefit distribution
  • Compliance monitoring

Legal Framework

Governing Laws:

  • DIFC Trust Law No. 4 of 2018
  • ADGM Trust Regulations
  • UAE Civil Code provisions
  • Relevant financial regulations

Common Uses of Trusts

Primary Applications:

  1. Asset Protection
  2. Succession Planning
  3. Business Continuation
  4. Wealth Management
  5. Charitable Purposes

Example of a Trust

“Mr. Ahmed creates a family trust through DIFC, transferring his business assets worth AED 10 million. The trust is managed by a professional trustee for the benefit of his children’s education and future business ventures.”