Hi everyone,

 

Last Friday, we hosted an incredibly informative session on Abu Dhabi Will Registration with expert insights from Clotilde Iaia-Polak from Yungo Law that every UAE resident needs to know. If you missed it, here are the essential takeaways that could protect your family’s future.

 

Why You Need a UAE Will (Even If You Have One In Your Country of Origin)

 

One of the most critical points from our seminar: a will from your home country will not automatically be enforced in the UAE. In fact, getting a foreign will executed here is extremely difficult, often unsuccessful, and can take years.

 

Without a local UAE will, your assets—including bank accounts, end-of-service gratuity, vehicles, insurance policies, and property—could be frozen for years while your family navigates complex legal proceedings.

 

Abu Dhabi vs. DIFC: Which Court is Right for You?

 

Abu Dhabi Judicial Department (ADJD) Wills:

  • Open to all non-UAE/GCC nationals, regardless of religion
  • No religious declaration required
  • Cost: AED 950 per will + ~AED 200 for legal translation
  • The court does not ask about your religion and does not apply Sharia law
  • Process takes approximately 6 months for probate (can be longer)
  • Virtual registration process through UAE Pass

 

DIFC Wills:

  • Requires declaration that you have never been Muslim
  • Probate typically takes 3-4 months
  • Allows amendments for AED 540

Clotilde’s recommendation: For most people, especially Muslims who prefer non-Sharia distribution, Abu Dhabi Judicial Department is the better option—no religious declarations required, and the court consistently refuses to apply Sharia law in these civil matters.

 

Critical Facts You Need to Know

 

1. Who Can Register?

  • Any non-UAE/GCC passport holder
  • Must have valid UAE residency or passport
  • Executors and managers must be 21+ (though new laws may lower this to 18 in June 2026)

 

2. What Happens Without a Will?

  • Your assets may be frozen for 4-5 years
  • UAE intestacy rules apply—which are unclear in many situations
  • Your spouse may only receive 50% of assets, not 100%
  • The court may appoint a government manager for minor children’s inheritance
  • Proving who your beneficiaries are becomes extremely difficult

 

3. Religion and Your Will – Abu Dhabi Family Civil Court has consistently held that it is not a religious court. In multiple cases, when beneficiaries have tried to challenge wills by claiming Sharia law should apply, the court has refused, stating they only apply Law 14 of 2021 (the civil law for non-Muslims).

 

However, this doesn’t mean challenges can’t be made—just that they face significant hurdles.

 

Guardianship Matters

 

If you have minor children, your will should address:

  • Primary guardians (must be blood relatives if male; females can be non-blood relatives)
  • Trustees to manage assets until children reach maturity
  • Disaster clauses if all primary beneficiaries pass away
  • In Abu Dhabi, guardianship is required only until age 16

 

Important: Unmarried partners typically cannot be appointed as guardians due to public policy considerations.

 

Common Mistakes to Avoid

  1. Don’t just download a template and fill it in yourself—wills need proper legal drafting to address gaps in UAE law

  2. Don’t forget joint bank accounts and properties don’t automatically transfer to the co-owner—there are no survivorship rights in the UAE

  3. Don’t leave foreign assets in your UAE will without consulting a lawyer—some jurisdictions won’t recognize it

  4. Do review your will every 3-4 years or after major life events (births, divorces, significant asset acquisitions)

  5. Don’t revoke without replacing—if you need to change your Abu Dhabi will, you must create an entirely new one (amendments aren’t possible)

The Registration Process

  1. Complete a detailed questionnaire with your lawyer about assets, beneficiaries, and wishes

  2. Lawyer drafts the will according to your instructions

  3. Submit documents through UAE Pass (for residents) to Abu Dhabi Judicial Department

  4. Documents must be in Arabic and English (legal translation required)

  5. Pay fees once approved

  6. Attend virtual appointment with notary to sign

  7. Receive will electronically (no original paper copies provided anymore)

What Assets Should You Cover?

 

Think beyond property. Your UAE assets include:

 

  • Bank accounts and savings
  • End-of-service gratuity
  • Pension plans and insurance policies
  • Vehicles
  • Company shares
  • Personal belongings and jewelry
  • Any other movable or immovable assets in the UAE

 

No Inheritance Tax—Really

 

One of the few bright spots: the UAE has no inheritance taxes or significant administrative fees for transferring assets according to a will. Compare this to countries like the UK with 40% inheritance tax!

 

The Bottom Line

 

Having a UAE will gives you approximately 90% certainty that your wishes will be respected. Without one? Your family faces years of legal uncertainty, frozen assets, and expenses that could devastate them during an already difficult time.

 

Time investment: A few hours for consultation and document review.

 

Peace of mind: Priceless.

 

Next Steps

 

If you don’t have a UAE will yet, don’t wait. The process is straightforward when you work with experienced lawyers who understand both the law and the court processes.

 

As Clotilde emphasized: “Not having a will in this country is simply not an option.”

 


Questions about WILL registration? While we can’t provide individual legal advice through the community, we can connect you with qualified professionals who specialize in this area, like Yungo Law.

 

Want to attend our next legal professional development event? Keep an eye on your inbox for upcoming webinar announcements.

Stay legally savvy,

Laura