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Table of Contents
Estate Planning and Succession: Managing Assets Under UAE Law
Introduction
The phone call came on a quiet Sunday afternoon. A British expat, let’s call her Sarah, had lost her husband suddenly. They’d lived in Dubai for fifteen years, built a successful business, purchased a beautiful villa on the Palm, and raised two children. When I asked about their will, there was a long pause. “We signed something at a notary years ago,” she said quietly. “We thought that was enough.”
Sarah’s story is one I’ve heard in variations more times than I can count. The truth is, for many expats in the UAE, estate planning and succession feels like a distant concern—something to address “later.” But later has a way of arriving unannounced. And in the UAE, the rules of the game are fundamentally different from what most of us grew up with.
This article isn’t just about legal technicalities. It’s about peace of mind. It’s about ensuring that the life you’ve built here becomes the legacy you intended, not a source of confusion and heartache for those you love most.
Why Estate Planning in the UAE Is Different
If you’re from a common law country like the UK, US, Australia, or Canada, you’re accustomed to testamentary freedom—the ability to leave your assets to whomever you wish. The UAE operates differently.
Historically, in the absence of a registered will, assets located in the UAE were distributed according to Sharia principles of inheritance, regardless of your religion or nationality . This means fixed shares to specific family members, with male heirs typically receiving twice the share of female heirs. For many expats, this outcome bears no resemblance to their intentions.
The good news? The UAE has undergone remarkable legal transformation in recent years. Today, residents have unprecedented flexibility to structure their estate planning and succession according to their wishes . But—and this is crucial—you must take proactive steps to document those wishes properly.
The Two Paths: Understanding Your Options
The DIFC Will: Certainty Under Common Law
For non-Muslim expats, the Dubai International Financial Centre (DIFC) Wills and Probate Registry offers a common law framework that provides full testamentary freedom . This means you decide who inherits what, without restrictions.
What makes the DIFC Will particularly powerful is its legal certainty. Unlike notarial wills signed before a Dubai Courts notary—which may still be subject to judicial interpretation—DIFC Wills are registered and enforced directly within the DIFC court system . There’s no need for referral to local courts, no translation requirements, and no judicial discretion over the substance of your wishes.
For families with children, this framework allows you to appoint guardians clearly. In one case, a European expat’s notarial will was deemed insufficiently clear, and guardianship was granted to extended family against the parents’ wishes . That heartbreak is entirely avoidable with proper registration.
The ADJD Will: Abu Dhabi’s Civil Framework
Abu Dhabi has also developed a robust alternative through Law No. 14 of 2021. The Abu Dhabi Judicial Department (ADJD) offers will registration services that allow eligible individuals—including some Muslim expats on a discretionary basis—to distribute UAE-based assets according to their wishes under civil law principles .
The ADJD provides a standardized bilingual template, making the process accessible and straightforward. It’s particularly cost-effective for those with assets primarily within the UAE .
For Muslim Expats: Navigating the Framework
Muslim expats face a more nuanced landscape. While Sharia inheritance rules traditionally apply, recent developments have created pathways for greater flexibility. Under the ADJD’s evolving practice, some Muslim expats from non-GCC countries have been permitted to register wills under the civil law framework . However, this remains discretionary, making professional guidance essential.
The Hidden Risk of Doing Nothing
Here’s what keeps me up at night: the number of intelligent, successful professionals who assume they’re protected.
Some believe a will from their home country is sufficient. While foreign wills may be recognized in the UAE, the process varies significantly depending on the emirate, and there are no guarantees . The recognition process itself can take months, leaving families in limbo.
Others assume joint ownership solves everything. It doesn’t. Property owned jointly with a Muslim individual, for example, remains subject to Sharia principles upon death .
Perhaps most alarming is what happens when there are no heirs at all. Recent reforms clarify that assets of a person who dies without a registered will and without legal heirs transfer to a government-supervised charitable endowment . Your hard-earned wealth, built over decades, could fund public works—admirable, perhaps, but almost certainly not what you intended.
Beyond the Will: Foundations and Trusts
For families with significant wealth or complex assets, a will alone may not suffice. The UAE has positioned itself as a global leader in wealth preservation structures, offering foundations in the ADGM, DIFC, and RAK ICC .
These structures deserve serious consideration. A foundation is a separate legal entity that owns assets independently of the founder. Upon death, those assets remain within the foundation, managed by a council according to your documented wishes—completely bypassing probate proceedings .
This matters enormously for family businesses. Without such structuring, a successful enterprise can fragment among multiple heirs, losing the cohesion that made it thrive. Foundations enable smooth succession, preserving both wealth and purpose across generations .
Practical Steps: Your Estate Planning Roadmap
1. Take Inventory
Begin by listing all your UAE assets: real estate, bank accounts, business interests, investments. Don’t forget digital assets and personal possessions of sentimental value.
2. Consider Your Family’s Needs
Who depends on you? Are minor children involved? Who would you trust to manage their affairs if you weren’t here? These questions are deeply personal, and the answers should drive your planning.
3. Choose Your Legal Path
Based on your religion, nationality, and asset composition, determine whether a DIFC Will, ADJD Will, or foundation structure best serves your objectives.
4. Document and Register
Work with qualified professionals to draft and register your documents with the appropriate authority. Registration is what transforms intentions into legally enforceable directions.
5. Review Regularly
Life changes. Marriages, divorces, births, deaths, and acquisitions all warrant revisiting your plan. A will drafted a decade ago may no longer reflect your family’s reality .
A Note on the Age of Majority
Recent changes to UAE law have reduced the age of majority from 21 to 18 . This has significant implications for estate planning and succession. Once a beneficiary turns 18, they can legally receive and manage inherited assets directly—guardianship ends .
For families, this means considering whether young adults are prepared for that responsibility. Your will can incorporate safeguards, such as staggered distributions or trusts, to ensure maturity aligns with access.
The Human Element
I began this article with Sarah’s story. Ultimately, her husband’s notarial will proved insufficient. The Dubai Courts applied their interpretation, and the distribution bore little resemblance to what the couple had discussed over countless cups of tea. Sarah and her children received less than half of what he’d intended.
The legal fees alone consumed a significant portion of the estate. The emotional toll? Immeasurable.
This isn’t fear-mongering. It’s a gentle nudge to do what you’ve probably been meaning to do anyway. Estate planning and succession isn’t about death—it’s about life. It’s about the people you love continuing to live well because you took the time to make your wishes clear.
Conclusion: From Intention to Action
The UAE’s legal framework has evolved remarkably, offering residents tools that rival the world’s most sophisticated jurisdictions. But these tools only work if you use them.
A properly registered will ensures your assets go where you decide, not where default rules direct them . It appoints guardians you trust, not those the court selects. It provides clarity when your family needs it most.
The question isn’t whether you need an estate plan. The question is whether you’re willing to give your family the gift of certainty.
Secure Your Legacy with Ghalib Consulting
At Ghalib Consulting, we understand that estate planning and succession is deeply personal. It’s not just about assets and legal structures—it’s about the people and causes that matter most to you.
Our team combines international expertise with deep knowledge of UAE regulations, including the DIFC and ADJD will registration frameworks. We don’t believe in one-size-fits-all solutions. Instead, we take time to understand your unique family situation, your values, and your vision for the future.
Whether you’re just beginning to think about succession or reviewing existing arrangements, we’re here to provide clarity and confidence. Let’s have that conversation you’ve been postponing—over coffee, with no pressure, just honest guidance.