Legal authorities across the United Arab Emirates are issuing urgent recommendations for residents to formalize their wills following groundbreaking reforms to the nation’s Civil Transactions Law. The updated legislation, enacted this week, introduces substantial modifications to inheritance protocols that significantly impact expatriate communities.
Estate planning specialists emphasize that comprehensive will documentation serves as critical protection for families confronting unexpected circumstances. Mohammad Marria, Chief Executive Officer of Just Wills Consultant, emphasized that properly executed wills extend beyond real estate to encompass financial accounts, valuable possessions, vehicles, investment portfolios, and—most significantly—the legal guardianship of minor children.
Saim Khan, legal associate at BSA Law, detailed the practical advantages: “A formally registered will substantially decreases probate delays, mitigates asset freezing risks, prevents unintended default distributions, enables parental designation of guardians for minors, and facilitates streamlined execution across banking institutions, land departments, and judicial courts throughout the UAE.”
Current inheritance regulations stipulate that non-Muslim expatriates dying without valid wills undergo equal estate division between surviving spouses and children under the UAE civil personal status framework. Without immediate family members, assets transfer to parents or siblings. Notably, recent legal amendments specify that financial assets belonging to heirless expatriates will be designated as charitable endowments under supervisory authority management.
Legal experts highlight severe consequences of inadequate planning. Khan warned: “Without locally registered wills, UAE banking accounts—including jointly held accounts—typically face immediate freezing upon death pending court orders and liability clearance, a process often requiring months. Guardianship determinations for minor children then fall to judicial courts, potentially implementing interim arrangements contrary to parental preferences.”
The UAE provides multiple registration avenues: the DIFC Wills Service Centre (serving primarily non-Muslims with common-law procedures), the Abu Dhabi Judicial Department (onshore digital platform with nationwide validity), and the Dubai Courts’ notary system (offering cost-effective Arabic or bilingual documentation). Each system maintains distinct procedures, language requirements, and cost structures while delivering legally enforceable probate mechanisms.
Expatriates are advised to explicitly define their will’s jurisdictional scope, typically limiting coverage to UAE-based assets, while incorporating non-revocation clauses to prevent conflicts with foreign testamentary documents. Muslim residents remain subject to Shariah law governance for estate distribution, requiring Sharia-compliant wills and potential lifetime structural planning.
Legal professionals conclude that well-designed, locally registered wills representing current circumstances provide the most effective safeguard against administrative delays, asset freezes, and distribution uncertainties for UAE residents.