Wills & Powers of Attorney in Dubai: What Every Expat Should Know

Expats in the UAE often live across borders, with homes, businesses, and family ties spanning more than one country. This brings opportunities, but it also creates uncertainty over how affairs are managed if personal or family circumstances change unexpectedly. Many assume their existing wills or home country rules will apply, yet in the UAE the outcome depends on local instructions. Without them, local rules apply, which may not reflect personal wishes. Wills and powers of attorney address these risks directly, giving clarity for families and certainty over how assets are managed. This article looks at why both documents are needed and how they work together in Dubai.

The risks of relying on foreign wills

Many expatriates assume their family abroad could step in to manage things if something happened, or that a will made at home would apply in the UAE. In practice, that isn’t the case. If no locally registered will exists, estates are usually divided under Sharia rules. This can leave jointly owned property frozen, bank accounts locked, and decisions about guardianship of children left to the courts rather than the parents’ choice.

To avoid this, the DIFC Wills Service Centre and the Abu Dhabi Judicial Department give non-Muslims the option of registering wills in English that reflect their own wishes. These aren’t just for distributing assets. They also let you name executors and appoint guardians, which can be the most pressing concern for young families. The difference between assuming arrangements will follow a familiar path and knowing they’ll be enforced in Dubai is often greater than people expect.

How a power of attorney works alongside a will

Planning for what happens after death is only one part of the picture. Disruptions often come earlier, through illness, incapacity, or simply being away when something important needs attention. In those moments, families can find themselves unable to access funds, sell property, or keep a business running without a formal authority in place.

A power of attorney fills that gap. It allows you to appoint someone you trust to act on your behalf while you’re alive. That authority can be broad or limited to a single task, depending on your needs. In practice, it means a spouse can continue paying school fees if the other is hospitalised, a partner can sign off on a property deal while you’re abroad, or a colleague can handle contracts if a director is suddenly unavailable. Without it, even close family members may face long delays or need to go through the courts before being allowed to act.

The authority ends the moment you die, which is why it doesn’t replace a will. Instead, the two work side by side, one covering life’s interruptions and the other directing what follows after.

Why guardianship provisions are critical for expats

The question of guardianship is often the most pressing concern for expatriates with children. Without a registered will, the decision may fall to the local courts, which can create delays and outcomes that don’t match the parents’ wishes. A will lets parents set out both interim and permanent guardians, so there’s no doubt about who should step in immediately or over the longer term.

At the same time, children’s needs extend beyond guardianship. Day-to-day costs, schooling, and housing all depend on access to family assets. This is where a power of attorney adds protection, allowing a trusted person to manage property, accounts, or business interests until the estate can be settled. The two documents together give families continuity at the point they need it most.

Keeping legal instructions up to date

Wills and powers of attorney can’t be written once and left aside. In Dubai, many POAs issued through the courts expire after one, two, or three years unless drafted as unlimited, which makes renewal a built-in requirement. Even when no expiry date is set, reviews are still needed to check that the named attorney and scope of authority remain right for your circumstances.

Wills require the same attention. Buying property, opening new accounts, or taking on business interests in the UAE can leave earlier instructions incomplete. If a will isn’t updated, those assets may end up in the default court process. The cross-border element adds another layer: a will prepared at home may not be recognised locally, and even where dual wills exist, they should be consistent to avoid conflict between jurisdictions.

Guardianship provisions also need revisiting. If the chosen guardians move abroad or can’t act in the UAE quickly, the courts may step in. Regular reviews keep documents valid in practice as well as on paper, reducing the chance of gaps when they’re needed most.

Certainty comes from preparation

For expatriates with families and assets in Dubai, planning needs to cover both the practical and the long term. A power of attorney allows life to continue smoothly if you’re unable to act, while a will ensures your estate and guardianship choices are respected once you’re gone. On their own, each leaves gaps, but together they create a clear line of authority that spans both scenarios.

These aren’t documents to leave until circumstances force them. Putting them in place early means banks, courts, and family members all know who can act, and when. That clarity avoids delays, reduces disputes, and gives you confidence that arrangements will hold when tested.