Why the details matter
Your will decides who receives your property, savings and belongings, and who cares for your children if you are no longer there. In Dubai, a will that is unclear, out of date or never properly registered can be challenged or set aside, leaving the default inheritance rules to apply instead. The good news is that almost every problem below can be avoided with some planning and careful review.
Putting it off altogether
The most serious mistake is not making a will at all. Without one, every account in your name, joint accounts too, is frozen until a court order is issued, local inheritance rules decide how your estate is shared, and a court chooses a guardian for any minor children. Remember too that your debts, such as loans, mortgages and unpaid bills, are settled from the estate before anything passes to your family, so your will should be realistic about what will be left.
Wording that invites disputes
A will is only as good as its wording, and loose language is a common source of family conflict and delay. Read the draft as a stranger would and ask whether each instruction could be read in more than one way.
- General phrases that leave heirs to agree among themselves what a fair split means
- The same asset promised to two or more people
- Property abroad, investments or bank accounts left out entirely
- No clear statement of which law should govern the estate
- Conditions no one could lawfully or realistically fulfil
- Arabic and English versions that do not say the same thing
Picking the wrong people
Your executor carries out the will and your guardian raises your children, so both choices deserve real thought. If you have minor children, naming a guardian is essential, because otherwise a court will decide. An executor may also be a beneficiary, but if that could cause friction, a neutral professional may be the better choice.
- Choose people who are at least 21 and able to act
- Prefer appointees who live in the UAE to avoid delays
- Name alternates in case your first choice cannot serve
- Tell your executor that the will exists and where it is held
What to leave out
Some details create risk rather than clarity. Passwords and login details for digital accounts should never appear in the will, where others may read them, so keep them in a separate secure record. Funeral or burial wishes can be included, but tell your family directly as well, because the will may not be read until after arrangements have been made.
Steps that make your will valid
A will made in another country, or built from a generic online template, may not meet UAE requirements even if it is translated and legalized. Registration with a recognized authority is not strictly compulsory, but it is the surest way to have your wishes recognized and enforced.
- Draft the will under UAE rules for your circumstances
- Choose where to register: DIFC Courts, Dubai Courts or the Abu Dhabi Judicial Department
- Prepare supporting documents, such as title deeds and attested marriage or birth certificates where required
- Attend the registration appointment, usually by video, with witnesses if the authority requires them
- Consider mirror wills if you and your spouse share assets or children
Keeping it up to date
A will that reflected your life five years ago may not reflect it today. Review it after a marriage, divorce, the birth of a child, a property purchase or a move to another country. At most UAE registries you cannot edit a registered will, so you cancel it and register a new one, while the DIFC allows amendments.
How we can help
We can review your plans, draft a will that fits UAE rules and guide you through registration with the authority that suits you. When your circumstances change, we can help you bring it up to date.