Learn about wills in Dubai, legal validity & conditions. Ensure your legacy—consult a Dubai legal expert for personalized guidance today.
Planning for the future, especially concerning your estate and loved ones, is one of the most responsible actions you can take during your lifetime. Whether you’re a long-term resident or an expatriate in Dubai, having a legally binding will is crucial for ensuring that your assets are distributed according to your wishes after your passing.
In Dubai, wills serve as critical legal instruments, but they come with their own set of unique legal stipulations, deeply influenced by Sharia principles, local legislation, and specific court systems like the Dubai Courts and the DIFC Wills Service Centre.
This blog will help you understand the fundamentals of wills in Dubai, what makes a will valid, the legal framework surrounding them, and how you can structure your will to protect your legacy.
A will is far more than just a document—it is a legal declaration that reflects your final wishes regarding the distribution of your estate, guardianship of your children, and instructions for your funeral or charitable donations. It gives clarity and assurance to your loved ones, helping them navigate difficult times with fewer legal complications.
The legal framework governing wills in Dubai is built to ensure that your wishes are honored, as long as they comply with UAE law and Sharia principles—especially if you are a Muslim. Non-Muslims have more flexibility and can register wills under specific jurisdictions that allow the application of the laws of their home country.
For a will to be considered legally valid in Dubai, it must fulfill several key criteria. These requirements ensure that the document is not only enforceable but also reflects the true and voluntary intent of the individual making it.
The Legator: The individual creating the will.
The Legatee: The person(s) or organization(s) receiving the benefit of the will.
The Bequeathed Object: The asset, property, or right being transferred.
A will can be written or verbal, although written wills are strongly recommended for clarity and legal enforceability. Even gestures by a non-verbal individual can be recognized under specific legal interpretations, provided there is a clear intention.
The person creating the will must have legal capacity at the time of drafting it. This means they should be:
Of sound mind
Of legal age
Not under legal interdiction or guardianship due to prodigality or mental incapacity
A will made under duress, coercion, or deception can be contested and potentially invalidated. The courts in Dubai are vigilant about ensuring that wills reflect the free and informed will of the individual.
Importantly, the legator retains the right to amend or cancel their will at any point during their lifetime. However, if the asset mentioned in the will no longer exists (for example, if a property is sold or destroyed), the related provision becomes void unless explicitly accounted for.
Dubai’s legal system incorporates both civil law traditions and Sharia law, making the treatment of wills more nuanced, especially for Muslim residents. Here are some key considerations:
Under Sharia law, an individual cannot bequeath more than one-third of their estate via a will, and direct heirs (like children, spouses, or parents) are typically entitled to fixed shares.
However, wills that aim to benefit an heir beyond their Sharia-entitled share must meet one of these two conditions:
Approval from Other Heirs
The will is valid if other major heirs consent, and the excess benefit is executed only on the consenting heir’s share.
Court-Recognized Interest
If the will serves a legitimate and recognized purpose—such as supporting a dependent with special needs—it can be accepted by the court even without the other heirs’ approval.
This underscores the importance of proper legal advice when drafting a will, especially when trying to provide unequal benefits among heirs.
The law also provides clear guidelines on how a will is to be accepted or rejected:
Specified Legatee: If the will names a specific individual, that person has the right to accept or reject the bequest. They must respond within:
30 days from the legator’s death (standard)
50 days if the will includes obligations (e.g., debts or duties)
If the legatee remains silent, the law assumes tacit acceptance.
Unspecified Legatee: If the will benefits an unspecified person or a charitable organization, no explicit acceptance is required.
Assets mentioned in the will must be clearly defined and legally ownable by the legator. These can include:
Real estate (homes, land, apartments)
Movable assets (vehicles, jewelry, artwork)
Financial assets (bank accounts, stocks)
Usage rights (usufruct, leases)
If the same asset is left to multiple people, the law assumes equal distribution, unless the will states otherwise.
In Dubai, residents have a few different avenues through which to register and formalize their wills, especially expatriates. Each comes with its own jurisdictional considerations:
This is a specialized service that allows non-Muslim residents and investors to register wills under common law principles—a system familiar to many Westerners. It covers:
Real estate
Bank accounts
Business shares
Guardianship of minors
DIFC wills are drafted in English and do not need to comply with Sharia. They are fast, recognized in Dubai and Ras Al Khaimah, and enforceable under DIFC Courts.
Dubai Courts allow for Arabic-language wills, and they are subject to Sharia law by default, especially for Muslims. However, non-Muslims can request the application of their home country’s laws, provided they register the will properly.
While it’s possible to draft a will on your own, mistakes or omissions can result in major disputes or even invalidation. Given the legal, cultural, and procedural complexities of wills in Dubai, especially involving:
Guardianship of minor children
Cross-border assets
Sharia-influenced inheritance rules
Consent of heirs
It is highly recommended to consult with a licensed legal consultant or law firm in Dubai. Legal professionals can:
Ensure that your will is valid and executable
Translate and register your will in the appropriate jurisdiction
Advise on tax implications or foreign probate issues
Prevent future legal disputes among your heirs
Drafting a will is not just a legal formality—it is a powerful act of care and responsibility. In Dubai, the process can be straightforward with the right guidance, but it requires attention to legal stipulations, cultural sensitivities, and jurisdictional requirements.
Whether you are a Muslim or a non-Muslim, a UAE national or an expatriate, having a legally compliant will ensures that your estate is distributed according to your wishes, reduces the burden on your loved ones, and helps avoid lengthy legal battles.
If you’re unsure how to get started or what legal path to take, we highly recommend speaking with a trusted legal consultant in Dubai or a law firm specializing in estate planning. They can help you draft a comprehensive, enforceable, and fair will that honors your legacy.
