Will drafting and registration in the UAE : foundations, steps and best practices

Preparing and registering a will in the United Arab Emirates (UAE) helps ensure assets are distributed according to your wishes and reduces disputes among heirs. This guide sets out the legal context, drafting/registration steps and practical tips for robust succession planning, for both Muslim and non Muslim testators.

Legal foundations

Succession in the UAE depends on the testator’s religion and applicable law. For Muslims, wills must comply with Sharia principles and are submitted to the Sharia judge. For non-Muslims, wills can be notarised or registered with dedicated bodies (DIFC/ADJD), subject to conflict of laws rules (particularly for UAE situated real property).

Why register a will ?

• Legal certainty : registration clarifies the testator’s wishes and streamlines probate.
• Fewer disputes : a clear, registered instrument limits challenges.
• Beneficiary protection : distribution is supervised and enforceable.

Drafting steps

• Asset inventory : bank accounts, real estate, shares, vehicles, receivables.
• Beneficiaries : allocations, conditions, alternates.
• Executors : trusted adults willing to act.
• Key clauses : debt settlement, liquidity for expenses, joint‑account treatment.
• Minor guardianship (if applicable) : permanent/temporary appointments.

Registration : compliance and authorities

• Muslims : submission to the Sharia judge (e.g., Dubai), respecting validity requirements.
• Non‑Muslims : notarisation or registration with Dubai Courts, the DIFC Wills Service Centre (English‑language procedure), or the ADJD (Arabic/bilingual procedure).
• Translations : sworn Arabic translations required depending on the forum.

Executor services and implementation

An executor identifies assets, settles debts, and distributes the net estate per the will and court directions (local courts, DIFC, ADJD). Timelines depend on file quality (translations, titles, certificates) and the chosen forum.

Cross-border estates

Where assets span multiple jurisdictions, international planning is essential : clause compatibility, executor effectiveness, recognition of decisions, and public policy issues. Coordination between UAE and foreign counsel prevents duplication and accelerates implementation.

Best practices

• Clarity in designations and shares; avoid ambiguities.
• Proofs : maintain updated title deeds and statements.
• Anticipate liquidity needs for debts and expenses.
• Update after marriage, divorce, births, acquisitions/disposals.
• Forum selection : align language, costs and asset footprint (DIFC vs ADJD vs local courts).

Quick FAQs

• Is registration always required ? Strongly recommended: it reinforces enforceability and reduces delays.
• Will a foreign will suffice ? It may be recognised, but local formalities (translation, legalisation, registration) speed execution.
• What if local law conflicts arise ? Tailor drafting (especially for UAE real property) and select the appropriate registration route.

Effective wills in the UAE rest on clear drafting, appropriate forum selection (Sharia/notarial/DIFC/ADJD), up to date proofs, and foresight for cross border complexities. By proceeding methodically and engaging experienced counsel, you can secure orderly asset transfer and protect your family.

Our lawyers, who are experts in inheritence law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Inheritance Law
contact@agn-avocats.fr
09 72 34 24 72