Following our earlier article “Inheritance Without a Will in the UAE: Understanding Sharia Law and the DIFC Approach,” this continuation examines how non-Muslim expatriates can proactively plan their inheritance in the UAE through the registration of wills within the Dubai International Financial Centre (DIFC) or Abu Dhabi Global Market (ADGM).

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1. Why Inheritance Planning Matters for Non-Muslims

Under UAE Federal Law, Sharia inheritance principles apply to Muslims and non-Muslims alike unless a legally recognized alternative, such as a registered will, is in place. Without such a will, the estate of a non-Muslim may still be distributed according to fixed Sharia shares rather than personal wishes.

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Inheritance planning allows non-Muslims to determine how their assets are managed and distributed, who should act as guardians for their children, and who should serve as executors of their estate. This process ensures that family members and dependents are protected in accordance with the testator’s personal, cultural, and moral intentions.

2. Legal Framework

The DIFC Wills and Probate Registry operates under Dubai Law No. 15 of 2017, which governs the administration of non-Muslim estates and the execution of wills. The registry is supported by the DIFC Courts Rules and the DIFC Wills and Probate Registry Rules (WPR Rules).

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These frameworks establish a common law system that allows non-Muslims to register wills in English and have them executed according to their personal wishes, rather than under Sharia based succession. The DIFC Courts have exclusive jurisdiction over these wills and issue Grants of Probate or Guardianship Orders to executors or guardians appointed under the will.

3. Eligibility to Register a DIFC Will

The DIFC Wills Registry is open to non-Muslims who are at least 21 years old and who own movable or immovable assets in Dubai or Ras Al Khaimah. Residency in the UAE is not a requirement, which means that even non-residents with assets in these Emirates can register a DIFC will.

Where assets are located elsewhere in the UAE or internationally, separate wills or mirror wills may be required to ensure clarity and enforceability across jurisdictions.

Types of DIFC Wills

The DIFC Wills Registry provides several options to suit varying estate planning needs:

1. Full Will: covers all assets in Dubai and Ras Al Khaimah.
2. Property Will: limited to up to five real estate properties.
3. Guardianship Will: nominates guardians for minor children residing in the UAE.
4. Business Owners Will: covers ownership interests in Dubai or RAK companies.
5. Financial Assets Will: applies to up to ten bank or investment accounts.

Note: These formats may be used individually or combined, depending on the complexity of the estate and the preferences of the testator.

Documentation and Requirements

A DIFC will must satisfy specific formalities to be legally valid. The document must:

• Identify the testator, confirming non-Muslim status and age;

• Appoint one or more executors to administer the estate;

• Clearly describe how assets will be distributed;

• Include guardianship clauses where applicable; and

• Be drafted in English and signed before an authorized DIFC officer in person or via virtual appointment.

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Supporting documentation usually includes identification (passport and Emirates ID), proof of address, and evidence of ownership for assets listed in the will, such as property title deeds, bank statements, or share certificates.

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Timelines and Costs

The process of preparing and registering a DIFC will can generally be completed within two to four weeks, depending on documentation and scheduling availability.

Upon the testator’s death, probate for a straightforward and uncontested estate typically concludes within three to six weeks. Current DIFC registration fees range from AED 5,000 for a single will to AED 15,000 for mirror wills. These fees are exclusive of professional drafting and probate costs.

4. Enforceability Under UAE Law

A DIFC will registered under Dubai Law No. 15 of 2017 is enforceable within Dubai and Ras Al Khaimah. DIFC-issued probate and guardianship orders are recognized by local authorities, ensuring that asset transfers and guardianship appointments proceed smoothly in accordance with the testator’s wishes.

For assets located elsewhere in the UAE, executors may seek local recognition of the DIFC probate order or register a separate will under another jurisdiction, such as ADGM. Effective estate planning coordinates these arrangements to ensure consistency and avoid overlap.

5. Guardianship and Family Protection

For non-Muslim parents residing in the UAE, a Guardianship Will is one of the most important instruments available under both the DIFC and ADGM systems. It enables parents to nominate both temporary and permanent guardians for their minor children in the event of death, ensuring immediate protection and continuity of care.

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Under the DIFC Wills and Probate Registry Rules, guardianship provisions included in a registered will are legally enforceable, and the DIFC Courts may issue guardianship orders recognized by Dubai authorities. Similarly, under Abu Dhabi Law No. 14 of 2021, the ADGM Wills and Probate Registry permits non-Muslim parents to appoint guardians, with resulting orders recognized by Abu Dhabi authorities.

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This dual framework allows families residing or holding assets in different Emirates to plan comprehensively, ensuring that children are cared for by chosen guardians with clear legal authority in the relevant jurisdiction.

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6. The ADGM Alternative

The ADGM offers a parallel system under Abu Dhabi Law No. 14 of 2021, which governs non-Muslim wills and inheritance matters in Abu Dhabi. The ADGM Registry operates on the same common law principles as the DIFC, and wills registered there are executed in English and governed by the testator’s personal intentions.

Non-Muslims who own assets in both Emirates may opt to register separate wills in DIFC and ADGM to ensure jurisdictional clarity and enforceability.

7. Broader Inheritance Planning Considerations

While will registration remains the cornerstone of inheritance planning, non-Muslims are encouraged to consider complementary arrangements such as

1. Joint ownership of key assets;
2. Designation of beneficiaries on life insurance or pension policies;
3. Trusts or family foundations for wealth preservation; and
4. Foreign wills to cover assets located outside the UAE.

Integrating these measures with a DIFC or ADGM will create a comprehensive estate plan that avoids conflicts across multiple jurisdictions.

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Our Expertise

Our team possesses extensive experience in will registration and estate planning across multiple UAE jurisdictions, offering tailored guidance for peace of mind and legal certainty.

We assist clients throughout the process, from determining eligibility and selecting the right jurisdiction to preparing compliant wills, securing registration, and supporting executors during probate. Our approach ensures your estate plan is thorough, enforceable, and aligned with your wishes.

Conclusion

Inheritance planning in the UAE is an essential safeguard for non-Muslim expatriates who wish to retain control over the distribution of their assets. Through the DIFC and ADGM frameworks, non-Muslims can preserve testamentary freedom while ensuring their estates are administered according to their personal intentions rather than Sharia-based allocation.

With careful planning and professional guidance, individuals can achieve legal certainty and peace of mind knowing that their legacy will be handled with clarity, respect, and full compliance with UAE law.

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