Two documents, two moments in time
People often confuse a POA with a will because both deal with your money, property and family, yet they work at completely different times. A POA lets someone act for you while you are alive, and it stops on your death. A will does nothing during your lifetime and only comes into play once you have passed away, which is why most people in the UAE, especially expatriates with assets here, benefit from having both.
What a POA does while you are alive
With a POA you, the principal, authorize an agent to carry out set tasks in your name, either for one transaction or across a wider range of matters. Your agent acts for you but never becomes the owner of your assets, and must stay within the powers written into the document.
- Selling, buying, leasing or maintaining property
- Operating bank accounts and paying bills
- Running company affairs and signing contracts
- Buying or selling a car
- Representing you before courts and government departments
What a will does after your death
A will records how you want your estate handled once you have died and who should carry out those wishes. What it may include varies with the registry you use, but it commonly deals with the points below.
- Who inherits your property, bank balances, investments and company shares
- An executor to manage the estate and follow your instructions
- Guardians for your minor children, where the system permits
- Personal belongings and, in some systems, assets outside the UAE
The key differences at a glance
Setting the two side by side makes the contrast clear. Each point reflects the general position, although the precise rules depend on the authority involved.
- Timing: a POA operates in your lifetime, a will only after death
- Purpose: a POA delegates authority, a will passes on your estate
- Person appointed: an agent under a POA, an executor and possibly guardians under a will
- Ownership: a POA transfers nothing, a will decides who receives your assets
- Duration: a POA can be fixed-term or open-ended but always ends on death, while a will has no expiry
- Changes: you can revoke either during your life, but a will becomes final once you die
Why one cannot stand in for the other
Your agent cannot keep using a POA to manage or share out your assets after you die, even if it was never formally revoked, because your estate then moves into probate and inheritance procedures. Equally, a will gives nobody the power to sign for you while you are abroad or unwell. Your spouse or children have no automatic authority over your affairs either, and without a will your estate may be divided under inheritance rules that do not match your wishes.
Where each document is made
A POA is notarized before a notary public in the relevant emirate or through the Ministry of Justice’s electronic notary services, and certain forms can be issued online with UAE Pass. Wills follow separate routes, and the right one depends on your religion, nationality, where your assets are and where your children live. In Dubai, wills can be registered with Dubai Courts or, for eligible non-Muslims, with the DIFC Wills Service, while Abu Dhabi offers civil wills through its Judicial Department for those covered by its civil system.
Updating or cancelling each one
You can cancel a POA whenever you wish, but it must be done formally through a notarized revocation, and you should inform your agent and anyone relying on it. You can also change or withdraw a will during your lifetime, normally by following the same registration process used to create it. Review both after major events such as marriage, divorce, the birth of a child or a property purchase.
How we can help
If you are unsure whether you need a POA, a will or both, our team can explain the options for your situation. We can then help you prepare and notarize the right documents.