Making a Will for UAE Property: Essential Requirements for Foreign Owners

Table Of Contents

• Why Foreign Property Owners Need a UAE Will
• Understanding UAE Inheritance Law: Sharia vs International Frameworks
• Will Options Available for Foreign Owners
  • DIFC Wills Service Centre
  • ADGM Wills Service
  • UAE Local Courts
• Essential Requirements for Registering a UAE Property Will
• Step-by-Step Process for Creating Your UAE Property Will
• Costs and Fees: What to Expect
• Special Considerations for Investment Property Owners
• Common Mistakes to Avoid
• Updating Your Will: When and How

For foreign investors and property owners in the UAE, securing your legacy requires more than simply purchasing real estate—it demands proper estate planning that accounts for the unique legal landscape of the Emirates. Without a properly registered will, your carefully selected investment property, whether a luxury waterfront apartment in RAK or a premium villa in Dubai, could be distributed according to Sharia law rather than your personal wishes, potentially leaving your intended beneficiaries with far less than you envisioned.

The UAE's inheritance framework presents particular complexities for non-Muslim foreign nationals, who may find themselves navigating unfamiliar legal territory. Whilst the country has made significant strides in accommodating international investors through specialised wills registries, many property owners remain unaware of their options or the critical importance of taking action.

This comprehensive guide addresses the essential requirements, processes, and strategic considerations for foreign property owners seeking to protect their UAE assets through proper will registration. Whether you're an experienced investor with a portfolio of off-plan properties or purchasing your first home in the Emirates, understanding these requirements is fundamental to safeguarding your wealth and ensuring your wishes are honoured.

Why Foreign Property Owners Need a UAE Will

The UAE's legal system operates fundamentally differently from Western jurisdictions when it comes to inheritance, creating potential complications for foreign property owners who assume their home country will or international estate plan will suffice. Without a UAE-registered will specifically covering your Emirates-based assets, several concerning scenarios may unfold upon your passing.

Sharia law application represents the primary concern for non-Muslim foreign nationals. In the absence of a registered will complying with UAE regulations, local courts will typically apply Islamic inheritance principles to distribute your estate. Under these rules, your assets are divided according to prescribed shares amongst eligible relatives, which may not align with your intentions. Spouses, for instance, receive only a fraction of the estate rather than inheriting everything, whilst distant relatives you've never met could claim portions of your property.

Frozen assets and lengthy probate create additional challenges for grieving families. UAE banks routinely freeze accounts upon notification of death, and without proper documentation, your loved ones may face months or even years of legal proceedings before accessing funds or transferring property ownership. This delay compounds emotional distress with financial hardship, particularly if family members depended on rental income from your investment properties.

Cross-border complications further muddy the waters. A will registered in your home country may not be recognised by UAE authorities without complex authentication processes, translations, and court proceedings. Even with recognition, enforcement can prove problematic and expensive, requiring legal representation across multiple jurisdictions.

For investors who've carefully researched market trends and selected properties based on exceptional growth potential in RAK or other emerging UAE markets, failing to address succession planning undermines the very wealth preservation these investments were meant to achieve.

Understanding UAE Inheritance Law: Sharia vs International Frameworks

The UAE's legal architecture reflects its position as both an Islamic nation and a global business hub, creating parallel systems for inheritance matters. Grasping these frameworks is essential for making informed decisions about your estate planning approach.

Sharia inheritance law governs the default distribution of assets for Muslim UAE nationals and, in the absence of alternative arrangements, for foreign nationals as well. This system prescribes specific shares for eligible heirs based on their relationship to the deceased, with male heirs typically receiving double the share of female heirs in equivalent relationships. Spouses receive fixed portions (one-quarter or one-eighth depending on circumstances), whilst the remainder is distributed amongst children, parents, and potentially extended family members according to established formulas.

Crucially for property investors, Sharia law does not permit complete testamentary freedom. Muslims may only dispose of up to one-third of their estate through a will, with the remaining two-thirds distributed according to mandatory shares. Non-Muslims, however, can avoid these restrictions entirely through proper planning.

International legal frameworks have been introduced through the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) to accommodate foreign nationals' expectations and facilitate the UAE's position as an international investment destination. These common-law based systems allow non-Muslims to draft wills that would be familiar to those from Commonwealth countries, the United States, and other Western nations, with full freedom to distribute assets according to personal wishes.

The 2020 amendments to UAE Federal Law further expanded options for foreign nationals, allowing them to elect for their home country's inheritance laws to apply to their UAE assets, though this requires specific legal procedures and court recognition.

Understanding which framework applies to your circumstances depends on your religion, nationality, where your assets are located within the UAE, and whether you've taken proactive steps to register an appropriate will.

Will Options Available for Foreign Owners

Foreign property owners in the UAE have several pathways for registering wills, each with distinct jurisdictional coverage, requirements, and advantages. Selecting the appropriate option depends on your asset locations, family circumstances, and long-term plans.

DIFC Wills Service Centre

Established in 2014, the DIFC Wills Service Centre represents the most popular choice for foreign nationals, having registered over 10,000 wills. This service allows non-Muslim expatriates of any nationality to register wills covering assets both within and outside the DIFC free zone, including properties throughout Dubai and other emirates.

Jurisdiction and coverage: DIFC wills can cover real estate anywhere in Dubai, as well as financial assets, business interests, and even guardianship provisions for minor children. Since 2015, the service expanded to include assets located outside Dubai, though enforcement in other emirates has occasionally required additional legal steps.

Eligibility: The service is available to non-Muslim expatriates aged 21 and above. Muslim expatriates can register wills through DIFC, but these remain subject to Sharia principles. UAE nationals cannot use this service.

Key advantages include the registry's recognition by Dubai courts, relatively straightforward registration process, and the ability to update wills easily as circumstances change. The DIFC framework follows common law principles familiar to international investors, and registered wills are stored securely with notifications sent to executors upon the testator's death.

ADGM Wills Service

Launched in 2017, the Abu Dhabi Global Market Wills Service offers similar benefits to the DIFC option but operates under Abu Dhabi jurisdiction. This service particularly suits property owners with assets in Abu Dhabi or the Northern Emirates.

Jurisdiction and coverage: ADGM wills explicitly cover assets throughout Abu Dhabi emirate and have been recognised for properties in Ajman, Fujairah, Ras Al Khaimah, Sharjah, and Umm Al Quwain. For investors holding properties in multiple emirates, including emerging markets in RAK, an ADGM will may provide broader coverage than DIFC alternatives.

Eligibility: Similar to DIFC, this service is available to non-Muslim expatriates aged 18 and above. The lower age requirement may benefit younger property investors establishing their UAE portfolios.

Key advantages include explicit recognition across multiple emirates beyond Abu Dhabi, integration with Abu Dhabi Judicial Department for streamlined probate processes, and competitive fee structures. ADGM also offers will registration for business owners with mainland companies, not just free-zone entities.

UAE Local Courts

Foreign nationals may alternatively register wills through local UAE courts outside the financial free zones. This option involves drafting a will (typically with legal assistance), having it notarised, and registering it with the relevant emirate's courts.

When to consider this option: Local court registration may be appropriate for Muslim expatriates who want their wills to comply with Sharia principles, or in situations where assets are located in emirates with limited DIFC or ADGM precedent. However, for most non-Muslim foreign property owners, the DIFC or ADGM routes offer more straightforward processes and clearer legal frameworks.

Challenges include potentially lengthy procedures, language barriers (Arabic translations required), and less familiarity with international inheritance concepts. Costs can also be higher when factoring in legal representation and translation requirements.

Essential Requirements for Registering a UAE Property Will

Regardless of which registration pathway you select, certain documentation and information are consistently required. Preparing these materials in advance streamlines the process and helps avoid delays that could leave your estate planning incomplete.

Identity documentation forms the foundation of any will registration:

• Valid passport with minimum six months' validity
• UAE residence visa (Emirates ID) if applicable
• Marriage certificate if including spouse provisions
• Birth certificates for children if appointing guardians or including minors as beneficiaries

All documents must be original or certified copies, with translations into English if originally in another language.

Asset documentation provides clarity about what your will covers:

• Property title deeds for all UAE real estate
• Tenancy contracts if properties are let
• Bank account details and statements
• Business ownership documents if applicable
• Details of valuable personal property (vehicles, jewellery, art)

For property investors with portfolios including off-plan purchases, sales and purchase agreements and payment schedules should be included, even for properties not yet completed. This ensures continuity of ownership through project completion.

Beneficiary information must be comprehensive and accurate:

• Full legal names of all beneficiaries
• Relationship to you
• Passport numbers and nationalities
• Contact details and addresses

Beneficiaries need not be UAE residents or even present during will registration, though clear identification prevents future disputes.

Executor appointment requires thoughtful consideration:

• Full details of your chosen executor(s)
• Their written consent to serve in this role
• Alternative executor(s) in case primary choices cannot serve

Your executor should be someone trustworthy, preferably with some knowledge of UAE procedures or willing to work with legal professionals. Some investors appoint professional executors such as solicitors, though this incurs additional costs.

Guardian appointments for minor children (if applicable):

• Full details of proposed guardians
• Their written acceptance of guardianship responsibilities
• Alternative guardians as backup

Whilst guardian appointments in UAE wills may require recognition in your home jurisdiction, including these provisions demonstrates your wishes clearly.

Step-by-Step Process for Creating Your UAE Property Will

Registering a will through the DIFC or ADGM services follows a relatively standardised process, though specific requirements may vary slightly. Understanding each stage helps you prepare appropriately and set realistic timeframes.

1. Determine which service suits your needs – Review your asset locations, circumstances, and the jurisdictional coverage of each option. Property owners with assets exclusively in Dubai typically choose DIFC, whilst those with properties in Abu Dhabi, RAK, or other Northern Emirates often prefer ADGM. Consider consulting a legal professional if your situation is complex, involving multiple emirates, business interests, or international complications.

2. Prepare required documentation – Gather all necessary identity documents, asset details, and beneficiary information as outlined previously. Organise these materials systematically, as incomplete documentation will delay your application. Create a comprehensive asset schedule listing each property with its title deed number, location, and approximate value.

3. Draft your will – Both DIFC and ADGM offer template wills for straightforward situations, which can be completed independently. For more complex estates involving multiple properties, business interests, or specific conditions on inheritances, engaging a lawyer experienced in UAE succession planning is advisable. Your will should clearly identify each asset, specify exactly how it should be distributed, name executors and guardians, and include any specific wishes regarding property management during the probate process.

4. Book an appointment – Contact your chosen registry to schedule a will registration appointment. DIFC and ADGM both offer online booking systems. Appointments can sometimes be scheduled within a few days, though advance planning is recommended, particularly during busy periods. Some services offer video conferencing options for initial consultations, though final registration typically requires in-person attendance.

5. Attend your registration appointment – Arrive with all original documents and drafted will. A registrar will review your will, verify your identity, confirm your understanding of the contents, and ensure the document meets legal requirements. You'll be asked to sign the will in the registrar's presence, demonstrating that you're acting voluntarily and with full mental capacity. The entire appointment typically takes 30-60 minutes for straightforward wills.

6. Pay applicable fees – Registration fees are payable at the time of registration, either by card or bank transfer depending on the service. Keep receipts for your records.

7. Receive registration confirmation – Upon successful registration, you'll receive a certificate confirming your will is registered and stored securely. This certificate should be kept in a safe place and copies provided to your executor. The original will remains with the registry, with certified copies available upon request for an additional fee.

8. Notify relevant parties – Inform your executor of the will's existence and location. Consider informing beneficiaries generally about your arrangements, though specific details can remain private. Update your personal records and ensure family members know you've registered a UAE will.

The entire process from initial decision to registered will typically takes two to four weeks for straightforward situations, or longer if complex legal drafting is required.

Costs and Fees: What to Expect

Understanding the financial investment required for proper will registration helps you budget appropriately and avoid unpleasant surprises. Fees vary depending on your chosen registration route and estate complexity.

DIFC Wills Service Centre fees (as of current rates, subject to change):

• Single will: AED 10,000 (approximately £2,150 / $2,700)
• Mirror wills for couples: AED 15,000 (approximately £3,225 / $4,050)
• Guardianship-only will: AED 5,000
• Will amendments: AED 3,000

These fees include registration, secure storage, and basic will templates. Complex wills requiring legal drafting incur additional solicitor fees, typically ranging from AED 5,000 to AED 20,000 depending on estate complexity.

ADGM Wills Service fees:

• Single will: AED 8,000 (approximately £1,720 / $2,160)
• Mirror wills for couples: AED 12,500 (approximately £2,685 / $3,375)
• Will amendments: AED 2,500

ADGM pricing is generally more competitive than DIFC, making it attractive for cost-conscious investors, particularly those with properties in multiple emirates where ADGM offers broader coverage.

Additional potential costs to consider:

• Legal consultation and will drafting: AED 5,000-20,000
• Document translation and notarisation: AED 500-2,000
• Certified will copies: AED 500-1,000
• Travel to Dubai or Abu Dhabi for registration (if residing elsewhere): Variable

Whilst these costs may seem substantial, they pale in comparison to the legal fees, delays, and potential asset loss your beneficiaries could face without proper planning. For property investors who've committed hundreds of thousands or millions of dirhams to UAE real estate, spending AED 10,000-15,000 on will registration represents essential portfolio protection.

Comparing costs to potential losses: Without a registered will, your beneficiaries may face legal fees exceeding AED 50,000, probate processes lasting 12-24 months, and asset distribution contrary to your wishes potentially reducing inheritances by 50% or more. The registration investment provides exceptional value in this context.

Special Considerations for Investment Property Owners

Property investors face unique estate planning considerations beyond those of owner-occupiers, particularly when holding multiple properties or off-plan investments. Addressing these factors ensures your investment strategy continues benefiting your intended beneficiaries.

Off-plan property provisions require special attention in your will. If you've invested in pre-completion developments, your will should clearly address what happens if you pass away before project handover. Specify whether executors should complete the purchase, transfer the contract to beneficiaries, or sell the commitment on the secondary market. Include provisions for any outstanding payment instalments, and consider whether life insurance coverage might be appropriate to ensure these obligations can be met without forcing asset sales.

For investors taking advantage of exclusive RAK off-plan projects with extended payment plans, these provisions become particularly important as your estate might need to fund payments over several years.

Rental income management should be addressed explicitly. If your properties generate rental income, your will should specify how this revenue should be managed during the probate period and who receives it. Consider whether properties should be sold or retained for ongoing income, and provide executors with clear guidance on managing tenancies, maintenance, and service charge payments during estate administration.

Property portfolio distribution allows various approaches. Some investors prefer dividing properties equally amongst beneficiaries by number, whilst others focus on equal value distribution. Consider whether beneficiaries might prefer specific properties (perhaps children who've lived in Dubai might value the Dubai Marina apartment, whilst those in Abu Dhabi prefer the RAK villa). Your will can accommodate these preferences whilst maintaining fairness.

Alternatively, you might specify that properties should be sold with proceeds distributed in cash, avoiding potential disputes over physical asset division and providing beneficiaries with liquid funds rather than ongoing property management responsibilities.

Corporate structure implications affect investors who've established companies to hold properties (sometimes used for specific developments or tax planning purposes). Ensure your will addresses both the company ownership and, where applicable, the assets held within corporate structures. Professional legal advice is essential for these situations as UAE company law and inheritance law intersect in complex ways.

Mortgage and financing considerations must be addressed if properties have outstanding financing. Specify whether mortgaged properties should be sold to clear debts or transferred to beneficiaries with mortgages intact. Consider whether life insurance coverage should be directed to clearing property debts, and ensure executors have authority to access necessary funds for mortgage payments during probate to avoid default.

Common Mistakes to Avoid

Even well-intentioned property owners sometimes make critical errors in their UAE estate planning, potentially undermining their entire succession strategy. Awareness of these pitfalls helps you navigate the process successfully.

Assuming your home country will suffices represents the most prevalent mistake. Many foreign investors believe their UK, US, or Australian will automatically covers their UAE assets. Whilst these documents may have some legal force after complex authentication procedures, they're not registered with UAE authorities and may not be recognised by local courts without significant legal intervention. Always register a UAE-specific will covering your Emirates assets, even if you maintain a separate will in your home jurisdiction for assets located there.

Failing to update wills after acquiring new properties leaves recent purchases vulnerable. Your will should be reviewed and updated whenever you acquire additional UAE real estate. Some investors have registered wills covering their initial Dubai apartment, then purchased villas, off-plan investments, or properties in other emirates without updating their succession planning. These new assets may fall outside your registered will's scope, potentially subject to Sharia distribution.

Unclear property descriptions create uncertainty and potential disputes. Always reference properties by their specific title deed numbers, full addresses, and development names.

Securing your legacy as a foreign property owner in the UAE requires proactive estate planning that acknowledges the unique legal landscape of the Emirates. Whilst the registration process may initially seem complex, the protection it provides for your carefully selected investments and the clarity it offers your beneficiaries far outweigh the modest time and financial investment required.

Whether you've acquired a luxury residence for personal enjoyment or built a portfolio of investment properties capitalising on the UAE's exceptional growth trajectory, a properly registered will ensures your wealth transfers according to your wishes rather than unfamiliar legal frameworks. The DIFC and ADGM registries have streamlined this process considerably, making comprehensive estate planning accessible to all foreign investors.

For those building property portfolios across the Emirates, particularly in high-growth markets, integrating succession planning into your overall investment strategy protects not only your current assets but also the future wealth they're designed to generate for your beneficiaries. Don't allow this critical element of property ownership to remain an afterthought—take action now to safeguard your UAE investments and provide peace of mind for yourself and your loved ones.

Secure Your UAE Property Investment Legacy

At Azimira Real Estate, we understand that successful property investment encompasses more than identifying exceptional opportunities—it includes protecting your wealth for future generations. Our team works with trusted legal professionals specialising in UAE succession planning to ensure our clients' complete investment security.

Whether you're exploring your first UAE property purchase or expanding an existing portfolio, we provide comprehensive guidance on all aspects of property ownership, from market selection and acquisition to ongoing management and estate planning.

Contact our team today to discuss how we can help you build and protect your UAE property legacy with confidence.