A typical client family in the UAE holds a whole perimeter: an account with Emirates NBD, an apartment in Dubai Marina, a stake in a free-zone company. What happens to that perimeter when the owner dies is usually something nobody in the family knows — and the default answer is unpleasant: the bank freezes the accounts, joint ones included, and distribution goes to court under rules the family did not expect.
What happens without a will
The first and most painful issue is liquidity. On learning of a client’s death, a UAE bank blocks the accounts until a court succession order; a joint spousal account is no exception, and powers of attorney die with the principal. A family living off a Dubai account is left without access to money for months.
Then comes the substantive law. For Muslims, Sharia distribution in fixed shares applies. For non-Muslims, since 1 February 2023 Federal Decree-Law 41/2022 on Civil Personal Status governs: with no will, half of the estate goes to the surviving spouse and the other half to the children equally, regardless of gender; with no children — to parents and siblings. A foreigner may instead elect the law of their citizenship.
That sounds tolerable, but procedure eats the entire gain: an intestacy case runs through court with translation and legalisation of every document — certificates, apostilles, proof of kinship. Minor children are a separate story: guardianship is decided by the court, and the court’s view of a suitable guardian may not match the family’s plans.
Three ways to put your wishes on record
A non-Muslim resident has three routes. First — a DIFC Will: an English-language common-law will registered with the DIFC Courts. Second — an ADJD will (Abu Dhabi Judicial Department): a bilingual English-Arabic document at AED 950 (AED 1,900 for a mirror pair), valid across all seven emirates. Third — a notarised will in the local courts, in Arabic. All three displace the defaults and fix your own distribution.
DIFC Wills: how it works
The Wills Service at the DIFC Courts is a registry for non-Muslims over 21. The design is modular, with five types: Full Will (all UAE assets), Property Will (real estate only), Business Owners Will (company shares), Digital Assets Will (crypto — with a non-custodial wallet secured on the Hedera blockchain) and Guardianship Will (appointment of guardians for minor children only).
Registering a single Full Will costs AED 10,000 — a flat fee regardless of asset value; amendments are AED 550. Since 2019 a DIFC will may cover assets in all emirates and, with advice, worldwide. Dubai Law No. 2 of 2025 gave the DIFC Courts exclusive jurisdiction over non-Muslim wills: probate orders are issued by the DIFC Courts and executed by banks and the Dubai Land Department directly, without a duplicate process in the local courts.
Matching the will to the assets
Real estate: the probate order is executed at the DLD; if the only UAE asset is an apartment, a Property Will suffices. Bank accounts: the bank unfreezes them against the grant of probate — name the banks in the will. Company stakes: Business Owners Will works for mainland and free zones, while for ADGM and DIFC structures a foundation is the alternative to a will — a foundation does not die with its founder. Crypto: the Digital Assets Will addresses the private-key succession problem. Minors: a Guardianship Will fixes the guardian — without it the question goes to court.
Fitting the UAE into the wider estate plan
The UAE is not part of Brussels IV, so a European choice of applicable law does not reach here: real estate follows lex rei sitae and procedure follows the local courts. A home-country will can formally be recognised, but translation, legalisation and time make it a poor key to a Dubai bank.
The working scheme is parallel wills: a local one (DIFC or ADJD) for UAE assets, coordinated with the wills of other jurisdictions so that a later will does not revoke the earlier ones. The UAE has no inheritance tax, but the heirs’ tax treatment is set by their own jurisdictions, and US or UK assets in the portfolio carry their own exposure regardless of the Emirati will. The full toolkit is in succession planning; asset-specific pieces — accounts and real estate.
This material is for general information and is not individual legal advice.