Expatriates living in the UAE often wonder if a will prepared in their home country is sufficient to cover assets and property held within the Emirates. With many expats owning real estate, running businesses, or holding substantial financial assets in the UAE, it’s a critical question that deserves clarity.
The answer is not straightforward. While a will drafted overseas may reflect a person’s intentions, its enforceability within the UAE depends on several legal and procedural factors. The UAE has its own legal framework that includes Sharia-based inheritance laws, which can apply in certain situations, particularly when no local will has been registered.
For non-Muslim expatriates, recent legal reforms have brought more flexibility. The UAE now allows non-Muslims to opt for their home country’s laws to govern inheritance matters. However, this doesn’t automatically validate a foreign will. It must be properly translated into Arabic and attested by the relevant authorities in the home country, then legalized by the UAE embassy and certified by the Ministry of Foreign Affairs in the UAE.
Even after these steps, issues may arise if the will does not clearly address UAE-based assets or if it contradicts public order or local laws. For example, assets like UAE bank accounts, vehicles, and property need to be specifically mentioned and accounted for within a legally acceptable structure.
To ensure full legal protection, many experts advise expatriates to prepare a separate UAE-registered will. This can be done through services such as the DIFC Wills Centre in Dubai or the Civil Family Court in Abu Dhabi, which cater specifically to non-Muslims. These institutions allow individuals to register wills that are fully enforceable under UAE civil law and not subject to Sharia inheritance rules.
Creating a local will offers peace of mind and avoids delays or disputes during the probate process. It ensures that loved ones are not burdened with legal complications during an already difficult time.
In summary, while a will made in one’s home country may be useful, it may not fully cover assets in the UAE unless it meets local legal requirements. For complete protection and ease of execution, expats should consider drafting and registering a will within the UAE itself.
