Wills in the UAE: what you need to know

UAE Law

Any expatriate living in the UAE should consider making a will to ensure that their wishes are carried out following their death.

We have been advised that UAE inheritance law is governed by two federal laws: Federal Law No 5 of 1985 governing the Law of Civil Transactions in the UAE (the “Civil Code”), and the Personal Affairs Law No 28 of 2005 (the “Personal Affairs Law.”).  The Personal Affairs Law allows for expatriates to have the laws of their home country applied to their UAE assets, provided certain criteria are met.  However, please note: there is some uncertainty whether the laws of the home country can be applied to real estate matters, i.e. relating to property purchased in the UAE. 

In the absence of a will, Sharia law may be applied.

For further information on UAE law and wills, please seek the advice of a licensed advocacy or legal consultancy firm.    In Dubai, you can check whether a firm is licensed by contacting the Government of Dubai Legal Affairs Department on 04 353 1073.  Firms that are not licensed by the Legal Affairs Department are not permitted to provide legal services in Dubai.

What should I ensure when I make a Will in the UAE?

In order for your home country’s law to apply in the UAE, legal experts have advised us that a British national  needs  to take the following steps:

For British Nationals Resident in Abu Dhabi

• Employ the services of a licensed advocacy or legal consultancy firm who should ensure that the will meets the legal requirements of your home jurisdiction
• Attend Consular Section at the British Embassy in Abu Dhabi who will act as witnesses (there is a fee for this). You should check with a licensed legal consultancy or advocacy firm that the Embassy’s involvement meets local authorities’ needs

For British Nationals Resident in Dubai

• Employ the services of a licensed advocacy or legal consultancy firm who should ensure that the will meets the legal requirements of your home jurisdiction;
• Attend the Dubai Notary Department with two witnesses and sign the will in front of a notary official and ensure the will is attested at the same time (the will will need to be translated into Arabic, which can be completed at a typing centre at the Dubai Notary Department. The person signing the will and the two witnesses will also need to present their original passports together with a copy to be retained by Dubai Notary Department.
• see the Government of Dubai website page

You should speak with a licensed advocacy or legal consultancy firm as to the actions that should be taken upon your death to ensure the will meets UAE requirements to enable your wishes to be carried out as stated in your will.

Did you know....

If a British national dies in the UAE and has not written a will they are deemed to have died intestate (without a will)?

The repercussions of this are your family having to go through a lengthy process of probate to try and obtain those assets while the authorities decide how they should be divided.  This may be in contradiction to your wishes, can take years to resolve and may cause undue stress to family and friends following your death.

The rules that apply to wills in the UK are completely different than in the UAE?

If you do not have a current will in place, Sharia Law maybe applied, even though you may not be a Muslim.  As a result, your assets may be divided in accordance with Sharia principles which may not reflect your intended wishes.

For example:

• Under Sharia law a women only receives an eighth of her husband’s assets.

You could in fact find your family in financial difficulties while the authorities decide how the assets should be divided. This can take years to resolve and may leave your family without access to assets and funds.

• Under Sharia law, real estate may go to the nearest male relative

You could find your property goes to your nearest male relative, rather than your wife or other beneficiaries. 

• Within 1 hour of the police being notified of a death your bank accounts and assets are frozen

The authorities need to make their investigations into how your assets and funds should be divided in accordance with the law of the country – this can take months or years to finalise.

• If both you and your spouse die leaving a child behind, the child could be placed in care while the authorities try to find a suitable guardian.

If this issue is dealt with in your will it may prevent such a situation from occurring.

Note:

Always check that the advocacy or legal consultancy firm you appoint to draft your Will is licensed to perform legal services in the UAE.  In Dubai, you can contact the Government of Dubai Legal Affairs Department on 04 353 1073 to confirm that the firm hold a current valid licence to provide legal services.

If you appoint the services of a licensed advocacy or legal consultancy firm to draft a will fully detailing your wishes then you should be able to protect the welfare of your children and distribution of your assets following your death.