Wills for Indian Expats in the UAE: A Comprehensive Guide

Looking to create a will in the UAE? As an Indian expat, protecting your assets and securing your family’s future requires a legally registered will.

JurisZone specializes in will creation services designed specifically for Indian nationals in the UAE, offering both DIFC and ADJD will options from AED 3,500.

Why should Indian Expats use Juriszone to create Wills in Dubai?

Simple and Convenient

Creating a will in the UAE is easy. Start the process from home in just 15 minutes with our experts and protect your family and assets smoothly

Expert Support

Get advice from experts who understand UAE and UK inheritance laws. They’ll ensure your will is clear, enforceable, and aligned with your wishes

Covers All Emirates

Registering a will ensures your assets in the UAE are distributed the way you want, no matter where they are in the country

Last will and testaments for Indian expats at an affordable price

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Why Indian Expats Need a Will in the UAE

Creating a will provides Indian expats control over asset distribution and family security in case of unforeseen circumstances. It is a legally recognized way to override the default application of Sharia law to non-Muslims, ensuring that assets are distributed as per personal wishes.

Real-World Inheritance Risks:

Recent statistics underscore the importance of having a valid will:

  • 70% of Indian expats in the UAE lack registered wills, leaving their assets and dependents vulnerable.
  • Bank accounts, properties, and other assets are often frozen for 8–12 months until the succession certificate is obtained from the court or legal disputes are resolved.
  • Legal and administrative fees for unplanned inheritance cases range from AED 20,000–50,000.

Consequences of Not Having a Will

Legal Complications

  • Sharia Law Application: Sharia law assigns fixed inheritance shares to family members, with sons receiving double the share of daughters. Spouses receive only a fraction of the estate.
  • Loss of Family Control: Families have limited ability to influence the allocation of assets or protect vulnerable members.
  • Court-Determined Guardianship: Guardianship decisions for minor children are made by UAE courts, with priority often given to Male member of the paternal side of relatives, potentially against the parents’ wishes.

Financial Impacts

  • Bank Account Freezes: Joint accounts are frozen upon the account holder’s death, preventing family members from accessing funds.
  • Property and Asset Delays: Real estate and other investments are locked until legal procedures are completed.
  • Tax Implications: While the UAE does not impose inheritance tax, Indian residents inheriting assets may face capital gains tax or global asset taxation.

Types of Wills for Indian Expats

DIFC Wills

DIFC (Dubai International Financial Centre) wills are ideal for non-Muslim expats with assets in Dubai or in other Emirates of the UAE or even worldwide assets.

  • Language: English, simplifying the process for non-Arabic speakers.
  • Scope: Covers properties, bank accounts, and personal belongings located in Dubai or RAK.
  • Processing Time: 5–7 days.
  • Fees: AED 10,000–15,000.

Abu Dhabi Court Wills

For expats with significant assets in Abu Dhabi, this option provides local jurisdictional support.

  • Language: Similar requirements to Dubai Court wills.
  • Fees: AED 3,500–5500.
  • Processing Time: 7–10 days.

Key Requirements

When creating a will in the UAE, Indian expats should ensure:

  1. The testator is at least 21 years old.
  2. The will is in writing (typed or handwritten).
  3. The testator signs the will in the presence of two adult witnesses who are not beneficiaries.
  4. The will is registered with the appropriate authority.

How to Create a Will

Step 1: Jurisdiction Selection

The choice of jurisdiction depends on:

  • Location of assets (e.g., DIFC wills for Dubai and even worldwide/Abu Dhabi Court wills for assets situated in all seven Emirates).
  • Cost preferences.
  • Desired speed of processing.

Step 2: Document Preparation

Ensure the following documents are ready:

  • Passport and Emirates ID(if any) copies.
  • Proof of residency.
  • Comprehensive asset list (properties, bank accounts, investments).
  • Guardianship declarations for minor children.
  • Title Deeds.

Step 3: Drafting the Will

When drafting the will, ensure:

  • Clear asset distribution to intended beneficiaries.
  • Appointment of guardians for minor children.
  • Inclusion of backup plans for contingencies.

Step 4: Registration

The final step involves submitting the will to the relevant court or DIFC registry. Pay the registration fees and ensure accuracy in all documents to avoid legal challenges.

UAE vs. Indian Inheritance Laws

Sharia Law Principles Indian Inheritance Laws
  • Fixed Shares: Sharia law mandates predefined shares, prioritizing male relatives.
  • Court Authority: Guardianship and inheritance are determined through local courts.
  • Personal Laws: In India, inheritance is often governed by personal laws (e.g., Hindu Succession Act, Muslim Personal Law).
  • Flexible Distribution: Individuals can freely distribute their assets through a registered will.

Indian expats must understand both legal frameworks to ensure their wills are enforceable in both countries and it is advisable to have separate wills for different jurisdictions for better clarity and enforceability.

Guardianship Laws

UAE Guardianship Rules

Without a will, guardianship decisions for minor children default to UAE courts. A valid will enables parents to specify guardianship arrangements, protecting children from unnecessary legal disputes or unfavorable court decisions.

Indian Guardianship Approach

In India, natural guardianship laws prioritize biological parents and extended family members, respecting cultural norms and personal preferences.

Tax Implications

UAE Tax Benefits

  • No inheritance tax.
  • No estate duty or wealth tax.

Indian Tax Considerations

  • Income Tax: Income from inherited assets may be taxable in India.
  • Capital Gains Tax: Heirs must pay taxes on the sale of inherited property.
  • Global Taxation: Indian residents may face taxation on worldwide assets.

Frequently Asked Questions

No. Separate wills for UAE and Indian assets ensure legal clarity and prevent jurisdictional conflicts.

Costs vary depending on the type of will and jurisdiction:

  • DIFC wills: AED 10,000–15,000.
  • Dubai Court wills: AED 2,000–4,000.
  • Abu Dhabi Court wills: AED 3,500–5,500.

Yes, Sharia law applies by default if a non-Muslim expat dies without a registered will.

Cross-Border Estate Planning Tips

  1. Create separate wills for UAE and India to comply with local laws.
  2. Keep detailed records of assets in both countries.
  3. Review and update wills regularly to reflect changes in circumstances.
  4. Seek professional advice to manage tax implications effectively.

Conclusion

Creating a valid will is essential for Indian expats in the UAE to secure their family’s future, avoid legal complications, and retain control over asset distribution. The process, while straightforward, requires careful planning and adherence to local laws.

By registering a will, Indian expats can ensure peace of mind for themselves and their loved ones. Begin your estate planning today to safeguard your legacy.