The U.A.E is home to many expatriates with assets such as Real Estate Properties, Bank Account Balance, Shares and Stocks among others. With a registered will at the DIFC, owing to the the 2015 Law passed by the Prime Minister of Dubai so that the Sharia Law will not apply to Non-Muslim Asset owners, Non Muslim expats can now protect both present and future assets in the UAE is now assured to the exclusion of SHARIAH LAW provisions.

1. Definitions
Wills and Probate
What is a will?
A Will is a legal document which directs
how a person’s asset(s) will be
managed and distributed after death,
whilst also providing for the care of
minor children (if any). It is arguably
one of the most important documents in
anyone’s lifetime.
What is a Probate?
Probate is the legal process through
which the court decides how a deceased
person’s property is divided

2. Among others, there are four major reasons why having a Will in the UAE is a proactive
and one of the most beneficial steps to be taken.
1. Distribution of assets
Without a Will in the UAE, the UAE Courts will apply the Sharia Law to the distribution of
both moveable and immoveable assets. Sharia Law’s system is according to the Holy Quran.
For non Muslims, there is a choice to opt out of the applicable Sharia Law System, and this
is where the DIFC Will Registration Service comes in.
2. Guardianship
As per the UAE Law, the guardianship of children below 21 years of age is guided by the
Courts, which means that, if a Will is not left by a dead parent, then, the mother is at risk of
not being appointed as the guardian of her minor children. However, a registered Will
is able to ensure that the Mother remains the appointed guardian of minor children after
their father’s death

3. 3. Bank Accounts
Upon the death of a bank account owner, the accounts are automatically
frozen; be it a single or joint-owned account. However, with a Will in place,
the surviving spouse can have an overall control of bank accounts upon
completion of the probate process.
4. Cancellation of Visas
Peradventure the residency of a family was linked to the dead father, then,
according to the UAE Law, their Visa must be cancelled upon such death and
they are to leave the UAE within 30 days. This means that they must resolve
the important inheritance issues in an effective and timely manner before
leaving the UAE.
For this desired speedy process, having a Will is an important instrument to
resolve distribution of assets and appointment of guardians within such short
period of time.

4. Notary Public Wills
Notary Public Wills are usually written in a bilingual format (English and Arabic) and registered
with the Notary Public in the Emirate where the Testator (deceased) lived during his life time or
where he has assets.
DIFC Wills
Non-Muslims in Dubai and Ras Al Khaimah have the option to register their Wills with the
DIFC Wills Service Centre (DIFC WSC). These Wills are prepared and registered pursuant
to the DIFC WSC Rules which are based on the principles of Common law (law derived from
Customs and Judicial Precedent)
The main benefits of registration of DIFC Wills are:
 Moveable as well as immoveable assets (including real estate) can be distributed as per the
testator’s wishes – which may not be possible through a Will registered with the Notary
Public.
 The DIFC WSC Rules provide answers to all types of situations in relation to drafting and
probate of Wills.
 It is much quicker to obtain a probate order pursuant to a Will registered with the DIFC Wills
Service Centre.
 All resident and non-resident non-Muslims over 21 years of age are eligible to register Wills
with the DIFC Wills Service Centre.

5.  A Single Will is a will for one (1) person who
is either not married or, if married, has a
spouse who does not have any assets under
his/her name. A Single Will may not be
suitable in cases where a married couple has
joint bank account or hold ownership in
property under joint names. In such situations,
the couple should write a “Mirror Will” (one
for each spouse) instead.

6.  An Executor is someone who will take theWill
of a deceased person to the court to have it
implemented.
 Once the court has granted the probate, the
executor will distribute the assets after
payment of debts and other liabilities.

7. Sharia Law Asset
Distribution
System
As per Shariah Law,
the shares in an
inheritance are pre-
determined”, leaving
little or no room for
any debate on how
and/or whether a party
should benefit or not.

8.  If the deceased is survived by a mother, father, wife and three children
(one son and two daughters)
- The wife receives 1/8th of the total asset
- The mother and father gets 1/6th each
- the remaining wealth will be distributed among the son and daughters,
with the son getting the share of two daughters (i.e. a male child gets
double of a female child).
 If the deceased does not have a child/children
• The wife shall receive 1/4th
• The mother shall get 1/3rd
• The father shall get the remainder

9.  The Wills Service was established by Resolution
No. 4 of 2014 issued by His Highness Sheikh
Maktoum bin Mohammed bin Rashid Al
Maktoum, the President of the Dubai
International Financial Centre (DIFC), and its
authority re-affirmed by Dubai Law No. 15 of
2017 issued by his Highness Sheikh Mohammed
bin Rashid Al Maktoum, Vice-President and
Prime Minister of the UAE and Ruler of Dubai,
regulating inheritance, wills and probate for non-
Muslims according to International Best Practices
and “Common Law Principles”.

10. Key Point:
 For a non-muslim expat in the UAE, a validly written Will could be
the only possible way to expect his wishes to be respected with
regard to his assets and children.
 After the death of a non-muslim expat in Dubai and Ras al khaimah,
the Will registered at the DIFC Court’s Will Registry can be
obtained by the ‘Executor nominated in the Will via a ‘Probate
Order’ solely made by the DIFC Court which allows the executors
to administer the estate of the deceased in Dubai and Ras al
Khaimah.
 This process is refereed to as ‘Probate’

13.  A Will can be withdrawn at any point during the life time
of the maker.
 The are no Inheritance Taxes in the UAE.
 What determines where a Will can be registered is the
emirate wherein the assets are located or where the
deceased lived during his lifetime.
 The Wills Service is subject to the jurisdiction of the
DIFC Courts and it is through these Courts ‘Probate
Orders’ directing the distribution of the deceased’s estate
and/or the appointment of guardians in accordance with the
Will are issued.