How to make a will in the UAE 2026: Where to register, which law applies and common mistakes

Dubai: Have you considered making a will? What happens to your assets if you don’t have one, in the UAE? Making a will isn’t just a way to distribute assets – it’s an important way to protect your family’s future, and ensure your wishes are respected, even if you are not there to voice them. We break down all the essential aspects around creating a will below, to help you make informed decisions and prepare for the future. Why create a will in the UAE? Regardless of how much money, property or general assets you have, creating a will is crucial, especially for expatriate residents. Awatif Al Khouri, senior Emirati advocate and founder of Awatif Mohammad Shoqi Advocates and Legal Consultancy, explained: “Even modest savings, bank accounts, vehicles, end-of-service benefits or personal belongings may form part of their estate. Having a properly drafted and registered will may help prevent inheritance disputes, minimise legal complications and ensure that their assets are distributed according to their wishes.” Who is eligible to make a will in the UAE? Under the general framework of the UAE Civil Transactions Law, the legal age of majority is 18 years. Anyone from this age onwards can register a will. Where can residents make a will? Residents have several options for registering a will in the UAE, including Dubai Courts, the Dubai International Financial Centre (DIFC) Courts Wills Service and the Abu Dhabi Judicial Department. According to Awatif, each has its own requirements, so the choice depends on the person's circumstances. Dubai Courts: Allows residents to register their wills under UAE law. Non-Muslim expatriates may register a will in the Dubai Courts and choose to apply either their home country's laws or the Civil Personal Status Law, which governs matters based on secular, non-religious rules. For Muslims registering a will in Dubai Courts, Sharia principles apply. Awatif explained: “Under these rules, a person is generally allowed to give away a maximum of one-third of their estate to people who are not their standard legal heirs.” DIFC Courts: Non-Muslims may also register their wills through the DIFC Courts Wills Service, which offers options for covering property, bank accounts, business interests and guardianship of children. It offers a separate legal system to let people state how their assets should be shared. Abu Dhabi Judicial Department: Expatriates may register a will at the Abu Dhabi Civil Family Court, which allows them to distribute their property under the Civil Personal Status Law rather than Sharia. Awatif advised: “Before deciding where to register, residents should look at where their assets are located, the costs involved and how their heirs would go about claiming those assets after their death. A person making a will may also state which country's law they wish to govern their will.” What happens if someone dies without a will in the UAE? Dying intestate – without a valid will – registered in the UAE, may lead to the country’s courts determining the outcome for everything you own. Awatif said: “Where a person dies without a valid will, their assets may be distributed according to the applicable inheritance laws. The law may vary depending on the religion or nationality of the deceased at time of the death. Muslims will be governed by the Sharia principles, whereas non-Muslims may be governed by the Civil Personal Status Law, unless one of the heirs request the law of the country to which the deceased belonged to at the time of death.” One crucial aspect of will arrangements is to record who should care for your minor children in your absence. Without clear direction in a registered will, this decision is left up to the courts. Awatif said: “Regarding minor children, guardianship arrangements may be determined by the courts based on the best interest of the child.” Which law applies to the will? In a multicultural country like the UAE, where people from over 200 nationalities live and work, you might wonder which law applies to a will – Sharia law, civil law, or the law of the home country of the person who has passed away. Awatif clarified that the law that is applied is tailored to each will, depending “on the person's wish, their religion, and where they register the document”. Under the UAE Civil Transactions Law, a person can name the governing law directly inside the will. Awatif said: “Expatriates can choose to apply the laws of their home country. If the will does not name a law, the terms and conditions may follow the law of the person's nationality at the time of their death.” She added that it is important to note that under general UAE laws, legal heirs always have the right to file a court case if they have a genuine dispute about whether the will is valid or how it is being applied. Can a will that is made in another country be used in the UAE? What happens if you already brought along a registered will with you from a different country? Awatif explained: “A w