Why You Need a Will in Dubai: A Guide for Real Estate and Business Owners

Do you own real estate or a company in the UAE? The next step after purchase is drafting a will in Dubai. According to statistics, over 70% of foreign property owners in the UAE don't have a registered will, creating serious risks for their heirs. Without a will, your loved ones will face lengthy court procedures that can drag on for 2-3 years. The principle of "everything automatically transfers to the family" doesn't apply in the UAE—local inheritance laws differ significantly from European and Russian regulations.

Legal Framework: Wills for Non-Residents and Non-Muslims in Dubai

Since 2023, the Emirates has implemented updated legislation that significantly simplifies the inheritance process for foreigners. These changes aim to protect the rights of non-resident property owners and create a transparent system for transferring assets to heirs.

Key legislative acts:
• Law No. 15 of 2017 — regulates the execution of wills for non-Muslims in Dubai (including the DIFC zone)
• Federal Decree-Law 2023 on Personal Status — allows non-Muslims to transfer assets according to their wishes
• Resolution No. 52 of 2022 — establishes rules for registering wills through Dubai Courts

Thanks to these legislative acts, non-residents now have the opportunity to draft wills in accordance with the laws of their home country, rather than under Sharia law. This fundamental change ensures that your assets will be distributed exactly as you planned.

There are three ways to register a will:
• Through Dubai Courts (state court and Notary Public service)
• Through the DIFC Wills Service Centre (private jurisdiction with separate rules)
• Through your country's consulate (if this option is available for your citizenship)

The choice of registration method depends on where your property is located in the UAE and what level of protection you want to ensure. Dubai Courts has the broadest jurisdiction, covering all emirates, while DIFC is limited to Dubai and Ras Al Khaimah but offers an Anglo-Saxon legal system.

Dubai Courts Will Requirements: What You Need to Know

For your will to be legally valid in Dubai, you must strictly adhere to the official requirements regarding its form and content. Even minor errors can lead to the document being declared invalid.

Who can register a will:
• The testator must be a non-Muslim and over 21 years old
• Be of sound mind and fully competent at the time of registration
• Possess valid identification documents (passport and Emirates ID)

Dubai court practice shows that the most common reason for rejecting wills is non-compliance with formal requirements. Therefore, special attention should be paid to the language and form of the document.

Language and form of the will:
• The document must be drafted in Arabic or be bilingual (English + Arabic)
• Translation must be performed exclusively by a licensed translator registered with the UAE Ministry of Justice
• Only printed text is accepted — handwritten wills are not registered
• The will must have a clear structure and be prepared on an official form

According to Dubai Courts legal statistics, about 35% of wills submitted by non-residents are initially returned for revision due to non-compliance with formal requirements. Therefore, it is recommended to consult specialists familiar with local norms.

Mandatory sections of the will:
• Personal data of the testator (full name, passport, Emirates ID, address, indication that you are non-Muslim)
• Revocation of previous wills (mandatory clause to prevent conflicts)
• Appointment of an executor with specified powers and contacts
• Detailed description of heirs and assets (real estate, business shares, accounts, investments)
• Clear distribution of property with specific objects or percentages indicated
• Residuary clause (for assets not directly specified)
• Provision for guardianship of minor children (if applicable)
• Signatures of the testator and two adult witnesses who are not beneficiaries

Special attention is given to the asset distribution section — it must be as specific as possible, with exact addresses of properties, account numbers, and company details. Vague wording can lead to lengthy court proceedings after your death.

Step-by-Step Guide: How to Register a Will in Dubai Courts

The will registration process in Dubai takes an average of 2 to 4 weeks and consists of several mandatory stages. Following the correct sequence of actions will help avoid delays and additional expenses.

Step 1: Preparing the Will
You need to draft a legally sound document in English, which will then be translated into Arabic. It is recommended to consult a lawyer specializing in UAE inheritance law. The document should account for all nuances of your property and family situation.

Step 2: Translation and Notarization
The will is translated by a licensed translator and undergoes preliminary verification by a notary. At this stage, it's important to ensure that all legal terms are correctly translated and comply with local legislation.

Step 3: Online Document Submission
A preliminary application for will registration is submitted through the Dubai Courts electronic system (e-services). Scans of your passport, Emirates ID, and draft will are attached to the application. Typically, a response with an appointment date arrives within 3-5 business days.

Step 4: Notary Public Visit
On the appointed date, you must personally appear at Dubai Courts with two witnesses. The signing procedure takes place in the presence of a notary who verifies your identity and capacity. Witnesses must also bring their identification documents.

Step 5: Payment of Government Fees
The fee is approximately 2,000 AED (around 550 USD). Payment is made on-site via terminal or mobile application. In addition to the government fee, additional charges may be levied for notarial services and registration.

Step 6: Registration and Storage of the Will
After successful verification and payment, the will is registered in the Dubai Courts electronic database and receives a unique registration number. The original document is stored in the court archive and can be used when opening probate.

Upon completion of the process, you receive an official copy of the registered will with the Dubai Courts seal. This document should be kept with other important papers, and its location should be communicated to your will's executor. It is also recommended to provide a copy to your lawyer or notary in your country of residence.

Special Features and Limitations of Wills in Dubai

When preparing a will in the UAE, it's necessary to consider several legal nuances related to jurisdiction and property type. These features can significantly affect the inheritance process and the protection of your heirs' interests.

Territorial jurisdiction:
• A will registered with Dubai Courts is valid throughout the UAE
• Documents from the DIFC Wills Service Centre only apply to Dubai and Ras Al Khaimah
• Consular wills may require additional legalization in the UAE

According to statistics from Dubai law firms, over 60% of wealthy foreigners choose to register through Dubai Courts due to the broad territorial coverage, especially if their real estate or business assets are located in different emirates.

Religious aspects:
• If you are Muslim, your inheritance automatically falls under Sharia law
• Muslims are subject to special property distribution rules with fixed shares
• If you change religion, you must document this fact for inheritance purposes

It's important to note that about 85% of inheritance disputes involving foreigners are related to the incorrect determination of applicable law. If you have a mixed family with both Muslims and representatives of other religions, particularly careful preparation of your will is needed, considering all nuances.

International aspects of inheritance:
• If you have assets in different countries, it's recommended to prepare multiple wills
• Your Dubai will should only concern property in the UAE
• It's necessary to avoid conflicts between different wills (clearly specify the territorial jurisdiction of each document)

Practice shows that owners of international assets worth over 1 million dollars optimally should have at least two wills: one in the UAE and another in their country of primary residence or citizenship. This avoids a situation where heirs have to go through the procedure of recognizing a foreign will, which can take years.

What Happens Without a Will: Risks for Your Heirs

The absence of a will for a property owner in the UAE creates serious problems for heirs, especially if they are foreigners living outside the Emirates. The inheritance procedure in such cases becomes significantly more complex, expensive, and time-consuming.

Main consequences of not having a will:
• Inheritance case automatically opens based on Sharia norms (even for non-Muslims)
• All assets are frozen until a court decision is made (accounts, real estate, business shares)
• The procedure can last from 6 to 24 months, in complex cases — up to 3 years
• Personal presence of heirs in the UAE is required at several court hearings
• Expenses for lawyers, translations, document legalization can amount to 8-10% of the inherited property value

According to Dubai law firms, the average cost of handling an inheritance case without a will ranges from 15,000 to 25,000 US dollars, while registering a will costs approximately 2,000-3,000 dollars. The economic benefit is obvious, even without considering the emotional and time costs.

Asset freezing and its consequences:
• Bank accounts are blocked the day the bank receives information about the owner's death
• Real estate cannot be sold, rented, or used in any other way
• Business operations may be paralyzed, especially if the deceased was the only signatory or controlling owner
• Rental income from real estate is not paid to heirs until the procedure is completed

Family businesses and companies where the deceased owner played a key role are particularly vulnerable. There have been cases where businesses lost up to 40% of their value during proceedings due to operational paralysis and the inability to make important decisions.

Child custody issues:
• Without a will, custody of minor children is decided by UAE courts
• Even if the child has a surviving parent, the court may make a different decision
• For foreign citizens, the process of establishing guardianship can take months
• Temporary placement of children may be carried out in accordance with local norms

Experts note that about 95% of parents registering wills in Dubai include a provision about child custody — even if the probability of their children permanently residing in the UAE is low. This serves as an additional guarantee to protect the interests of minors.

Conclusion: When and Why to Register a Will in Dubai

Registering a will in Dubai is not just a legal formality but a necessary protective measure for anyone who owns assets in the UAE. Given the complexity of local legislation and significant differences in legal systems, the absence of this document creates unjustified risks for your heirs.

You should register a will if you:
• Have purchased real estate in any of the UAE emirates
• Own a company or business share in the country
• Have bank accounts, deposits, or investments in the UAE
• Store valuables in bank safety deposit boxes or safes in the Emirates
• Want your property to be transferred to specific heirs in certain proportions

Statistics show that timely registration of a will reduces inheritance processing time by an average of 70% and saves heirs up to 7-8% of asset value in legal expenses. In monetary terms, this can amount to tens of thousands of dollars for standard investment property in Dubai.

Given the growing interest in UAE real estate among foreign investors, the issue of inheritance is becoming increasingly relevant. It's especially important to take care of a will for those who use property acquisition as a means of obtaining a residence visa or have a mixed asset structure across different jurisdictions.

Next Step: Request a consultation on will preparation with our partner lawyers. Green City Real Estate specialists will arrange a meeting with experts who will develop an individual plan to protect your assets in the UAE, prepare a draft will, and guide you through the entire registration procedure. Don't leave your loved ones without legal protection — register your will now.