Local vs International Wills in the UAE: Key Differences You Should Know
A will is a document, in line with a particular legitimate system (like sharia or civil rules), and in accordance with the wishes of an individual that dictates how their assets are to be handled upon their demise. In other words, it helps as much as possible to ensure a smooth succession.
Many expatriates living in the UAE have assets both within and outside the UAE, but they often have a single will in their home country (an International will) or in the UAE (a Local will) that dictates the proceedings. Today, we will be looking closely at the difference between these two wills in the UAE and which you should likely consider.
What is a Local Will in the UAE?
A Local Will is one registered and notarized in the UAE in accordance with its legitimate principles. The UAE operates a dual legitimate system consisting of the sharia and civil principles, which can apply depending on whether one is a muslim or a non-muslim.
For Muslims
The court adheres strictly to sharia principles when distributing the assets of the deceased. As such, the local will created by the deceased should adhere to these principles.
It is especially important to pay attention to areas that allow flexibility in the will. For example, sharia principles allow for the distribution of up to a third of one’s estate to non-family members. Therefore, if one has charities or friends that one wishes to be beneficiaries of, then it is very important to specify this in one’s will.
For Non Muslims
Non muslims in the UAE have more flexibility regarding the structure of their will as it isn’t bound by sharia principles. Federal Decree-Law No. 41 of 2022 made it possible for expatriates to have their home country’s legitimate system recognized concerning inheritance and asset distribution.
As a non-Muslim in the UAE, there are three main options to have your will notarized and recognized in court according to your preferences:
Notarization in Local Courts: Having drafted your will according to your wishes, you would need to specify the legitimate framework of your home country to have it notarized properly.
Dubai International Financial Centre (DIFC) Wills and Probate Registry: The DIFC operates under a common legitimate system which grants more flexibility in terms of asset distribution. As a non-muslim expat, this is a great option to have your will notarized.
Abu Dhabi Judicial Department: Abu Dhabi established a civil family court, which gives an option to non-muslims to have their wills in the UAE notarized and executed according to their specified home country’s legitimate framework.
What is an International Will?
This is simply a will registered outside of the UAE but pertains to assets inside of the UAE. This is common in the case of expatriates who may also have assets outside of the UAE. When this is the case, there are certain processes which must be followed for this will to be executed in the UAE. They are as follows:
- Will notarization in the UAE embassy of the expat’s home country and with the Ministry of Affairs in the UAE
- Will translation to Arabic
- Ratification of the will by a UAE family court to ensure it doesn’t contradict UAE policy
This process needs to be followed and can often be time-consuming.
Which Option is Best for You?
While it is understandable that UAE expatriates have wills registered in their home countries to control assets there, it is imperative that expatriates also have local wills registered and notarized in the UAE.
This is because the process of executing an international will for UAE assets can be time consuming, and the assets are typically frozen in the meantime. This could create uncertainty for the family of the deceased in the interim.
Why choose FVR as your wills partner?
Combining over 20 years of experience, FVR Corporate services provides comprehensive succession & Estate Planning services for UAE nationals as well as expatriates.
This includes Local UAE wills Registration or DIFC Foundation registration exactly according to your wishes.
We offer:
- Free consultation: Your first chat with us is completely free.
- Bespoke wills solutions: Your will is produced exactly in accordance with your wishes as long as those wishes are in accordance with laid down rules.
- Full Compliance with sharia or civil principles: Depending on whether or not you are a Muslim, we guide and ensure all provisions are in alignment with established rules.
Without a will, you risk uncertainty for your loved ones. Contact us today for a free consultation.
Frequently Asked Questions (FAQs)
1: Do I really need a will in the UAE if I already have one in my home country?
A: Yes, it is important to have a will recognized in the UAE and in accordance with local rules for the best distribution of assets in accordance with your wishes.
2: What happens if one passes on in the UAE without a will?
A: Your estate will be distributed in accordance with the local legitimate system which in this case is the sharia rules.
3: Are local wills in the UAE only for UAE nationals?
A: No, expatriates can have local wills as well.
4: Can I have both a local and an international will?
A: Yes, you can have a local as well as an international will with the local will speaking to your UAE assets.
5: Where can I register a local will in the UAE?
A: This can be done in Local Courts, the Abu Dhabi Judicial Department, or the DIFC Wills and Probate Registry.