How a Non muslim Expat Can Make Sure Their Foreign Will Is Respected in the UAE

A non-Muslim expat can make sure their foreign will survives the move to the United Arab Emirates by taking a handful of deliberate, well-documented steps long before any question of succession arises. The UAE is home to a large and diverse expatriate population holding mixed assets, onshore real estate, bank accounts, pensions and shares in mainland and free-zone companies, and the rules that govern how those assets pass on death are not always intuitive to someone used to a single home-country system. The good news is that non-Muslims have recognised routes for UAE succession planning, including DIFC will registration, ADGM will notarisation and direct registration through onshore courts.

This guide sets out whether and how your foreign will can control succession here, the practical measures to protect onshore assets, the role of executors and powers of attorney, and the common pitfalls that cause disputes. A practical checklist and consultation offer appear at the end.

Can my foreign will control succession in the UAE?

The starting point is to understand the default position. Sharia inheritance rules do not automatically govern the estate of every non-Muslim expatriate. Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides a civil succession regime for non-Muslims within its scope and allows testators to direct the distribution of their UAE assets by will. Where that regime applies and there is no will, a surviving spouse receives half the estate and the children share the other half equally, without distinction between sons and daughters. Different provisions apply where there are no children, and the application of foreign law remains subject to the relevant statutory conditions.

A foreign will is not automatically ineffective because it was made outside the UAE. Under Article 17 of Federal Decree-Law No. 25 of 2025, its substantive provisions generally follow the chosen law or, failing that, the testator’s national law at death. Its form may follow the chosen law, national law when it was made, or the law of the place where it was made. UAE law applies to wills concerning a foreigner’s immovable property in the UAE. These conflict-of-laws rules operate alongside the applicable special succession laws.

The single most important distinction to grasp is between the law governing the will, the service used to formalise it and the court responsible for probate. A DIFC will can cover mainland UAE assets; the assets do not need to be located in the DIFC. DIFC provides a wills registry and a probate process under its own rules. ADGM’s Wills Office instead provides notarisation and directs probate applications to ADJD. Covering overseas assets under either route does not guarantee recognition or avoid local procedures in the country where those assets are held.

For assets located onshore and not covered by a locally registered will, the estate may need to be dealt with through the competent local court, such as Dubai Courts or the Abu Dhabi Judicial Department (ADJD). Relying on a foreign will may require evidence of its validity and the applicable foreign law, together with authenticated documents and certified Arabic translations where required. Non-Muslims can also register wills directly through onshore services, including ADJD and Dubai Courts; DIFC and ADGM are not the only available routes. Mandatory local rules and public-policy considerations may still apply.

For this reason, a non-Muslim expat should have their foreign will reviewed for UAE use and, where appropriate, prepare a coordinated UAE will that meets the chosen service’s requirements, rather than relying on a home-country document alone.

How a non-Muslim expat can formalise a will in the UAE: DIFC vs ADGM

 Registration or notarisation is an important part of planning, but the services are not interchangeable. The choice should take account of the will’s scope, language requirements, costs and the probate process that will apply after death. Direct registration through ADJD or Dubai Courts should also be considered.

When to prefer DIFC

The DIFC Wills Service, established within the Dubai International Financial Centre, is used by non-Muslim expatriates in the UAE. According to the DIFC, a registered will can cover assets both within the UAE and, depending on the type of will chosen, worldwide. Guardianship provisions are available for minor children habitually resident with the testator in Dubai or Ras Al Khaimah. DIFC registration can suit expatriates seeking an English-language will and a defined DIFC Courts probate process; residence in Dubai or the DIFC is not required.

The DIFC Courts and registry recognise the will, which means institutions such as banks and company registries have a familiar, authoritative document to rely on when administering the estate. A range of will types is available, covering full estates, property, business interests and guardianship, making DIFC a flexible choice for expatriates with layered holdings.

When to prefer ADGM

The ADGM Notary Public and Wills Office provides an ADJD-authorised notarisation service for non-Muslim wills, rather than an equivalent DIFC registration and probate route. A will can cover asset distribution, guardianship or both, including assets in the UAE and abroad. The will must meet the service’s bilingual drafting and certification requirements. ADGM’s Wills Office does not provide probate: its published guidance directs applications to ADJD, while overseas assets remain subject to procedures in the relevant country. The choice should therefore turn on these requirements, not simply on Abu Dhabi residence or ADGM’s common-law status.

A non-Muslim expat should choose a suitable registration or notarisation route and check how the will will be implemented where the assets are held.

Step-by-step registration or notarisation process

The services differ in their legal effect and procedures. Typical preparation steps include:

• Prepare the will. Draft the will in the registry’s accepted form, clearly identifying the testator, beneficiaries, executors and guardians, and schedule the assets to be covered.
• Compile supporting documents. Gather identification (passport copies), proof of eligibility as a non-Muslim, and any asset-related documentation the registry requests.
• Attend to execution and witnessing. Follow the chosen service’s execution requirements. DIFC registration requires the testator and two eligible witnesses to participate before an authorised officer, in person or remotely. ADGM notarisation follows its separate online notarial appointment procedure.
• Arrange the required translations. DIFC wills are prepared and registered in English. For ADGM notarisation, the will itself must be in Arabic and English and certified by a legal translator licensed by the UAE Ministry of Justice. Supporting documents may also require translation, notarisation or legalisation, depending on where they are issued and used.
• Complete the formalities and store the documents. Obtain confirmation that the chosen registration or notarisation process has been completed, and retain the resulting official will and supporting records. Keep accessible copies and tell your executor where the documents are held.

 Timelines and typical costs

Processing times for registration or notarisation depend chiefly on the completeness of your documentation and appointment availability. Fees vary by service and, for DIFC wills, by the type of will chosen. Because published fee schedules and appointment arrangements change, confirm current costs and requirements directly before you proceed, including any separate drafting or translation fees. Registration and notarisation take place during life; probate and asset transfers take place after death. A registered or notarised will can simplify administration, but does not remove the applicable court process.

Onshore assets and practical measures to protect them

Registration solves a great deal, but it does not make onshore complications disappear. Assets physically located in a particular emirate, or held through mainland structures, interact with local registries and courts in ways that need dedicated planning. The following asset classes deserve particular attention.

Real estate

Real property is the asset most tightly bound to local registry and court processes. Freehold and leasehold interests are recorded with the relevant emirate land authority, such as the Dubai Land Department. On death, transferring those interests generally requires a probate or inheritance order and the relevant registry’s transfer procedure, even where a registered will exists. A DIFC will follows the DIFC probate process and any necessary local enforcement steps; ADGM’s guidance directs probate applications for notarised wills to ADJD. A will that properly covers the property can reduce the risk of default succession rules applying, but does not remove these procedures.

Where real estate is left outside any registered will, local succession principles may govern its devolution, so property should always be mapped and expressly addressed.

UAE company shares

Shares in UAE companies require careful, transaction-focused planning because the mechanics of transferring shares on death depend on the type of entity and its constitutional documents. Mainland companies and free-zone companies each have their own share-transfer procedures, and shareholder agreements and articles frequently contain provisions, pre-emption rights, transfer restrictions, nominee arrangements, that affect how and to whom shares can pass. A will that mentions the shares is only part of the answer; the company’s own documents and the relevant registry’s requirements must align with the intended outcome.

Addressing succession at the level of the shareholder agreement and the company constitution, in parallel with the will, is the most reliable way to ensure a smooth transfer and to avoid shares becoming trapped in a probate dispute.

Bank accounts, pensions and insurance

Bank accounts are a frequent source of friction. On notification of death, banks commonly freeze accounts pending proof of entitlement, and they typically require formal documentation, a death certificate and probate or equivalent authority, before releasing funds. End-of-service benefits, insurance proceeds and pension entitlements each follow their own rules and nomination mechanisms. Where assets are onshore and not covered by a recognised will, the local courts may apply UAE succession rules to determine entitlement. Listing every account, policy and benefit, confirming each provider’s documentation requirements in advance, and ensuring they are consistent with your will prevents delay and dispute at the worst possible time for your family.

Executors, powers of attorney and local representatives

A will is only as good as the people and powers available to carry it out. Choosing the right representatives and putting the right delegations in place is central to ensuring your wishes are actually implemented in the UAE.

Nominating an executor

The question of who administers a foreign will in the UAE comes down to the executors and administrators named in, or appointed for, the estate. Both DIFC wills and wills notarised through ADGM can nominate executors. A DIFC executor need not live in the UAE, but should be able to manage the necessary court and asset-transfer steps. Local legal assistance can be arranged without appointing a local co-executor. Before appointing a law firm or other company as a DIFC executor, check its eligibility: it must be licensed in the DIFC to act as executor or authorised to do so in another jurisdiction.

Delegations and administration

Several instruments support administration. A power of attorney can authorise a trusted person to act on specified matters during the testator’s lifetime, subject to the limits of what a POA can cover, note that a power of attorney generally lapses on the death of the principal. Where probate is needed, the relevant court may issue a grant or appoint an administrator to deal with the estate. Understanding which instrument does what, and that some powers lapse on death while court-granted authority takes over, avoids gaps in who is able to act at each stage. A non-Muslim expat can make sure their foreign will is administered smoothly by having these delegations prepared and properly documented in advance.

Bank and company practicalities

Institutions have their own checklists. Banks and company registries generally respond positively to a registered will, but will still ask for supporting documents such as death certificates and probate or administration orders before transferring assets. Asking each institution for its requirements in advance, and ensuring your executor knows where documents are held, removes friction later.

Common causes of disputes and red flags

Most succession disputes in the UAE are avoidable with planning. The recurring triggers are consistent, and each has a straightforward countermeasure.

• Unverified foreign will. Relying on a home-country will without checking its UAE effect can create uncertainty. Mitigation: review its validity and scope and, where appropriate, put a coordinated UAE will through a suitable registration or notarisation service.
• Unclear asset schedules. Vague descriptions of property, accounts or shares lead to disputes over what the will covers. Mitigation: maintain a precise, updated asset register tied to the will.
• Conflict of laws. Overlapping home-country and UAE rules can collide. Mitigation: coordinate your UAE will with your global estate plan so documents do not contradict each other.
• Multiple or contradictory wills. Several wills made at different times in different jurisdictions can create ambiguity. Mitigation: ensure revocation clauses and territorial scope are explicit and consistent.
• Translation and documentation failures. Poor or uncertified translations and missing notarisations stall the process. Mitigation: use certified translations and notarise and legalise documents where required.
• Omitted dependants. Overlooking people with recognised entitlements can trigger challenges. Mitigation: take advice on who must be accounted for before finalising.
• No practical administration plan. An executor who is unprepared for UAE procedures may face delays. Mitigation: confirm that the executor can act effectively and arrange capable local assistance where needed.

Preventative measures that repeatedly prove their worth include contemporaneous documentation made at the time of signing, certified translations, notarised affidavits where appropriate, clear witness arrangements, and secure storage of originals and copies with instructions on where they can be found. Where disputes do reach the courts, the competent court may be the DIFC Courts or an onshore court such as Dubai Courts or the ADJD, depending on the applicable framework. The quality of your advance documentation often determines how quickly and predictably matters are resolved.

Practical checklist and sample timeline

Use the following action list to structure your planning. It is deliberately concise so it can be worked through methodically:

1. Have your foreign will reviewed and, where appropriate, prepare a coordinated UAE will for DIFC registration, ADGM notarisation or a suitable onshore registration service.
2. Prepare and keep up to date a complete register of your UAE and worldwide assets.
3. Appoint an executor, ideally pairing a trusted personal executor with a capable local representative.
4. Obtain certified translations and notarise or legalise documents where required.
5. Put in place any powers of attorney needed to support lifetime administration.
6. Address UAE company shares through shareholder agreements and company constitutional documents, not the will alone.
7. Confirm the documentation requirements of your banks, insurers and company registries in advance.
8. Store originals and copies securely and tell your executor where they are held.

The time needed depends on the complexity of the estate and any cross-border coordination required. The work includes an initial review of assets and objectives, drafting, gathering and translating documents, and completing registration or notarisation and executor arrangements. Start early and confirm appointment availability rather than relying on a fixed timetable. For case-specific guidance you can book a focused wills consultation to work through your own circumstances.

Comparison table: DIFC vs ADGM vs Onshore

Conclusion and next steps

For expatriates building a life and assets in the United Arab Emirates, succession planning is not an optional extra, it is the difference between your wishes being carried out smoothly and your family facing an uncertain, drawn-out process at the worst possible time. A non-Muslim expat can protect their wishes by reviewing their foreign will, choosing a suitable UAE registration or notarisation route where needed, mapping and expressly addressing every asset class, and coordinating company shares through the right corporate documents. Appoint an eligible executor, arrange local support where needed, and put any lifetime powers of attorney and required translations in place. Taken together, these steps help align the estate plan with the procedures needed to administer the assets after death.

To work through your own situation, book a focused wills consultation and start with the checklist above. This article is general information and not legal advice; consult a qualified local lawyer for guidance on your specific circumstances.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Jakob Kisser at Kisser Legal, a member of the Global Law Experts network.

Sources

1. Dubai International Financial Centre (DIFC)
2. Abu Dhabi Global Market (ADGM)
3. UAE Official Government Portal (u.ae)
4. Dubai Courts
5. Abu Dhabi Judicial Department (ADJD)
6. Federal Decree-Law No. 41 of 2022 on Civil Personal Status
7. Federal Decree-Law No. 25 of 2025 Promulgating the Civil Transactions Law
8. Cabinet Resolution No. 122 of 2023 — Executive Regulations of Federal Decree-Law No. 41 of 2022 on Civil Personal Status
9. Dubai Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai
10. DIFC Courts — Wills Rules and Directions