Non-Muslims will writing
Register your Non Muslims will in Dubai or Abu Dhabi to protect your assets, appoint guardians, and ensure your wishes are legally honored—without defaulting to Sharia law. Start your estate planning with full control and cross-border clarity.
What Is a Non-Muslim Will in the UAE?
A non-Muslim Will in Dubai is a legally binding document that allows expatriates to distribute their estate freely, outside the scope of Sharia inheritance laws. Governed by Federal Law No. 41 of 2022, non-Muslims expats in Dubai and the UAE can name beneficiaries, assign guardians, and allocate assets both locally and internationally, with full testamentary freedom.
Non-Muslim wills can be registered through multiple jurisdictions, including the DIFC Wills Service Centre (based on English common law), the Abu Dhabi Judicial Department (ADJD) for bilingual or Arabic wills under UAE civil law, and the Dubai Courts.
These legal frameworks empower non-Muslim expats to retain control over inheritance, guardianship, and asset distribution, ensuring their wishes are respected and Sharia rules are bypassed.
How much does it cost to register a non-Muslim will in Dubai?
DIFC WILL
ADJD WILLS
Who Can Make a Non-Muslim Will in the UAE?
Any non-Muslim expatriate who either resides in the UAE or owns assets within the country is eligible to register a will under its civil legal framework.
To qualify for a DIFC or ADJD-registered will, a person must meet at least one of the following conditions:
01
Hold a Valid UAE Residency Visa
Legal residents in any emirate, including Dubai, Abu Dhabi, Sharjah, or others, can register a non-Muslim will.
02
Own Movable or Immovable Property in the UAE
This includes real estate, vehicles, bank accounts, and shares in UAE-registered businesses.
03
Have Minor Children Residing in the UAE
Guardianship instructions in a will are critical for non-Muslim parents to prevent default Sharia-based custody assignments.
04
Desire Cross-Border Asset Protection via UAE Law
Those who want their UAE registered will to cover international assets, especially in jurisdictions that recognize DIFC or ADJD frameworks.
05
Be a Non-Muslim Married to a Muslim
Eligibility may apply on a case-by-case basis, particularly if guardianship or shared assets are involved. Legal consultation is recommended.
Why Do Non-Muslim Expats Need a Will in the UAE?
Without a registered will, the UAE court will apply the Sharia-based inheritance laws to distribute assets. According to these laws, your assets are distributed as follows;
- Son will receive 36.11%
- Daughter will receive 18.06%
- Father will receive 16.67%
- Mother will receive 16.67%
- Wife will receive 12.50%
- A UAE-registered will clarify the management of local and international assets.
- Clarifies ownership and distribution across jurisdictions.
- Prevents foreign asset disputes caused by legal mismatches.
- Without an expatriate’s will, bank accounts and property may be frozen, causing significant delays.
- A will helps expedite the probate process.
- Designated executors can act quickly to protect the estate.
- Expats in the UAE often maintain assets in multiple countries. A registered will provides legal consistency.
- Mirror wills or dual-will strategies may be necessary.
- Jurisdiction-specific language avoids cross-border conflicts.
How to Make a Will in Dubai for Non-Muslim Expats?
Step 1
Consult a Legal Expert
Get guidance on choosing the right will for UAE or global assets, guardianship, and estate complexity.
Step 2
Select Jurisdiction
- DIFC (English, common law): Ideal for international assets.
- ADJD (Arabic/bilingual, UAE civil law): Suitable for local property and guardianship.
Step 3
Draft the Will
Include specific asset distributions, guardian appointments, executors, and a residuary clause for future acquisitions.
Step 4
Validate with Executors & Witnesses
DIFC requires two non-beneficiary witnesses; ADJD allows remote validation via the TAMM platform.
Step 5
Translate & Legalize
For ADJD, Arabic translation and legalization of foreign documents are mandatory.
Step 6
Register the Will
Submit online via DIFC’s video platform or ADJD’s TAMM portal. Once registered, your will is enforceable across the UAE.
Mistakes Non-Muslims Should Avoid When Creating Wills in Dubai
1. Not Registering a Local UAE Will
Failing to register a will with DIFC or ADJD means local assets will be subject to default Sharia succession laws, even for non-Muslims. Courts may ignore foreign wills or delay execution due to procedural mismatches.
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2. Using Ambiguous or Generic Language
Wills that use vague terms or copy-paste clauses from foreign templates may be misinterpreted by UAE judges, especially if they conflict with local inheritance laws.
- For clarity, always include precise descriptions e.g., “my HSBC Dubai current account ending in 4521.”
Every clause should be explicit, localized, and legally vetted.
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3. Forgetting to Appoint Guardians for Minor Children
Many expats overlook guardianship provisions. Without this, UAE courts will apply default custody laws, which may not align with the parents’ wishes. Naming both temporary and permanent guardians is crucial.
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4. Ignoring Multi-Jurisdictional Conflicts
If the will includes foreign assets or heirs, it must account for cross-border legal differences. Failing to do so may trigger probate challenges, delays, or even revocation in your home country.
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5. Not Updating the Will After Major Life Events
Births, divorces, new property acquisitions, or changes in residency can invalidate or complicate an existing will.If your will doesn’t reflect current life circumstances, it may not distribute assets as intended. A proper estate plan should be reviewed every 3–5 years and revised after any major event.
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6. Omitting Executor and Witness Requirements
Wills without clearly defined executors or those signed improperly (e.g., without a second witness or legal presence) risk being declared invalid under UAE law or being challenged by family members.
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7. Disregarding Tax and Reporting Exposure
U.S., UK, and EU expats often forget that their estates may be subject to inheritance taxes, FATCA, or CRS regulations—even while residing in the UAE. Failure to plan for tax implications can reduce the estate’s value. Work with a legal advisor who understands international estate taxation.
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Best Will Registration Option for Non-Muslim Expats in the UAE
If you’re a non-Muslim expatriate in the UAE, registering your will with the right legal authority is essential to avoid default Sharia inheritance laws. Below we have outlined best will registration options for expats along with ADJD will process for expats and Comparison of DIFC, Dubai Courts, and ADJD for Non Muslims Will.
| Criteria | DIFC Wills (Dubai) | ADJD Wills (Abu Dhabi) |
|---|---|---|
| Who It’s For | Non-Muslim expats seeking full control over UAE + global assets | Non-Muslim expats focused on UAE property protection |
| Legal System | English Common Law | UAE Federal Civil Law (Law 41/2022) |
| Testamentary Freedom | Full freedom to choose heirs and guardians | Full freedom with bilingual legal structure |
| Language | English only | Arabic or bilingual (English + Arabic) |
| Assets Covered | UAE + international (real estate, bank accounts, etc.) | UAE-wide (esp. Abu Dhabi property and bank accounts) |
| Registration Process | Fully online or in-person (video wills allowed) | Online via TAMM or in-person at ADJD Notary |
| Cost Estimate | AED 3,500 (single), AED 5,500 (mirror) | AED 950–1,500 (including legal translation) |
| Advantages | Ideal for high-net-worth expats, global coverage | Cost-effective for UAE-only assets, fully bilingual |
| Juriszone Services | Drafting, DIFC compliance, online filing & registration | Translation, notary support, full TAMM handling |
How guardianship works for non-Muslim parents in Dubai?
Protecting Your Family if the Unexpected Happens –
Under Dubai Law No. 15 of 2017, non-Muslim parents can formally appoint both temporary and permanent guardians in their will. This provision ensures that custody of minor children follows the parents’ wishes rather than defaulting to Sharia-based court decisions. Without these instructions, UAE courts may assign guardians according to Sharia law — a major concern for expatriates.
Common Scenarios for Expat Families
- Single Parents – A sole parent can nominate both a temporary guardian (for immediate, short-term care) and a permanent guardian (for long-term custody). Without this, courts may appoint relatives under Sharia rules.
- Mixed-Faith Marriages – When one spouse is Muslim and the other non-Muslim, guardianship can be complex. A registered will provides clarity and helps courts honor the parents’ intentions, provided it aligns with Law No. 15 of 2017.
- Temporary vs. Permanent Guardianship – Temporary guardians step in until permanent guardians arrive in the UAE or obtain legal approval. This prevents children from being placed in foster or state care during the transition. Permanent guardianship secures long-term custody and gives families peace of mind.
Can Non-Muslim Expats Use a Foreign Will in the UAE?
Non-Muslim expatriates in the UAE often assume that a will registered in their home country is enough to manage their assets and family affairs. However, a foreign will is not automatically enforceable within the UAE, and relying on one without local validation can lead to significant legal and financial complications.
1. When Is a Foreign Will Considered Valid?
A foreign will may be recognized by UAE courts only if it meets specific legal requirements:
- It must be notarized, legalized, and apostilled in the country where it was created
- It must be translated into Arabic by a UAE-certified legal translator
- It must be submitted for probate approval in a UAE civil court
- It must not conflict with UAE public policy, particularly in matters of inheritance or guardianship
2. Risks of Relying Solely on a Foreign Will as a Non Muslim
Non-Muslim expats who do not register a UAE-compliant will face several risks:
- Asset Freezing: UAE bank accounts and property may be frozen until court clearance is obtained
- Guardianship Disputes: Without recognized instructions, courts may assign guardians under default legal frameworks
- Language Ambiguities: Foreign legal terms may not translate accurately, causing enforcement delays
- Higher Legal Costs: Translation, notarization, and court processing can be time-consuming and expensive
- Partial Rejection: Wills that conflict with inheritance norms or procedural requirements may be invalidated
Estate Planning for Dual Citizens and Cross-Border Assets
Dual citizens living in the UAE face unique estate planning challenges due to multi-jurisdictional legal exposure. For non-Muslim expats, owning assets across different countries—combined with overlapping tax rules and inheritance frameworks—demands a structured and legally harmonized strategy to prevent probate delays, tax conflicts, and unintended heirs.
Why Cross-Border Planning Matters for Dual Citizens
Multiple legal systems govern dual nationals at once. For instance:
- A British-Indian expat in Dubai may be subject to UK common law, Indian personal succession laws, and UAE civil inheritance regulations.
- Some home countries enforce forced heirship, while the UAE allows testamentary freedom for non-Muslims—but only if a local will is registered.
Without a unified estate strategy, families may face parallel court proceedings, legal mismatches, or double taxation across borders.
Structuring a Legally Sound Multi-Jurisdictional Will
To ensure enforceability and avoid jurisdictional overlap:
- Use a dual-will strategy—one registered in the UAE (DIFC or ADJD), and another in the expat’s country of origin for non-UAE assets.
- Draft each will to explicitly exclude the jurisdiction covered by the other, preventing legal revocation.
- Localize language and format to match jurisdictional standards—Arabic translation is mandatory in UAE courts; notarization may be needed abroad.
Understand International Tax Triggers and Reporting
Many expats are unaware of estate tax burdens and reporting rules that may affect global beneficiaries:
- UK inheritance tax (IHT) on worldwide assets for UK-domiciled individuals
- US estate and gift tax, including FATCA compliance for American citizens
- Indian probate and succession fees, especially for movable property abroad
- CRS obligations for EU-linked nationals or residents of OECD-reporting countries
Failing to prepare for these obligations can result in fines, delays, and contested distributions.
Best Practices for Cross-Border Non-Muslim Estate Plans
- Map your asset footprint: include UAE real estate, foreign pensions, brokerage accounts, and business interests
- Determine legal domicile: this affects which country has overriding claim during probate
- Implement mirror wills, living trusts, or durable powers of attorney to streamline asset transfer
- Review your plan every 3–5 years, or after major life changes (e.g., marriage, birth, asset acquisition)
Will My UAE Will Work Abroad?
Short Answer:Sometimes. Recognition depends on your home country’s laws and whether your UAE will is properly translated, legalized, and non-conflicting.
- UK – Yes, usually enforceable if the will is properly executed under DIFC/ADJD rules and does not conflict with UK inheritance tax or domicile laws. A mirror UK will is recommended for local assets.
- US – Partially recognized. U.S. courts may require probate or additional filings. Federal estate tax and FATCA reporting still apply. Best practice: maintain a U.S. will for domestic assets.
- India – Often contested. Indian succession courts may apply the Hindu Succession Act (or personal law) unless a local Indian will excludes UAE assets. Dual/mirror wills are strongly advised.
| Jurisdiction | Will Validity (from UAE) | Extra Requirements | Common Risks/Limitations | Best-Practice Recommendation |
| United Kingdom (UK) | Usually recognized if properly executed and not contrary to UK public policy. | May need UK probate resealing or local probate; ensure clear domicile statements; align with UK witnessing rules; consider IHT planning. | Domicile-driven IHT exposure; conflicting revocation clauses; execution formalities differ from UAE; delays if only UAE will exists. | Keep a UK mirror will for UK assets; exclude UAE assets in the UK will and vice versa; add domicile + tax planning notes. |
| United States (US) | Partially recognized; acceptance varies by state. | State-specific probate; certified/translated copies; potential ancillary probate; ensure witness/ notarization standards acceptable to the state. | Federal estate/gift tax issues; FATCA/FBAR reporting; spousal rules (e.g., elective share) may limit distributions; execution standard mismatches. | Maintain a US will for US-situs assets; coordinate with an estate attorney per state; consider QDOT if non‑US citizen spouse. |
| India | Often challenged if relied upon alone; recognition possible but procedural. | Legalization/apostille; Arabic→English translation; Indian probate in certain cities; ensure exclusion clauses to avoid jurisdictional conflict. | Application of personal laws (e.g., Hindu Succession Act) to movable assets; delays; parallel proceedings; ambiguity over asset situs. | Use dual/mirror wills; draft explicit asset‑situs exclusions; align with local Indian execution norms; plan for probate timelines. |
| Canada | Sometimes recognized; province-specific rules control. | Provincial probate; notarized/translated copies; witness rules vary by province (e.g., Ontario, BC). | Estate administration taxes; execution mismatches; potential challenge if only UAE will covers Canadian assets. | Keep a province‑specific Canadian will; coordinate exclusions; plan for probate fees. |
| European Union (general) | Mixed; subject to the EU Succession Regulation (Brussels IV) for participating states (not all). | Choose applicable law of nationality in the will (if relevant); provide multilingual certified copies. | Forced‑heirship in many civil‑law countries; conflicts with UAE testamentary freedom. | Mirror wills with explicit governing-law choices; ensure translations; local counsel for forced‑heirship. |
| GCC (outside UAE) | Limited direct recognition; varies by state. | Likely requires local court recognition; Arabic translations; legalization. | Sharia‑based default rules; public‑policy overrides; possible non-recognition of certain clauses. | Prepare local wills for significant assets; avoid assuming UAE will controls GCC assets. |
| Australia | Generally recognized with proper formalities, but state rules apply. | State probate; certified copies; translation if needed. | Family provision claims; differing witnessing rules. | Keep an Australian will per state of major assets; exclude UAE assets there. |
Frequently asked questions
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