What happens if there's no will

For non-Muslims, Shariah is no longer the default. Since 1 February 2023, the federal law for non-Muslim foreigners splits an estate like this: [1]

  • half to the husband or wife, and half equally between the children, sons and daughters alike
  • with no children, Abu Dhabi's courts say the spouse keeps half and the rest goes to the parents. If only one parent is alive, that parent shares with the brothers and sisters. [1][3]
  • with no spouse, children or parents, the brothers and sisters inherit equally

Abu Dhabi has had its own law for non-Muslims since late 2021, with the same split. [2]

An heir can ask the court to apply the law of the country the deceased belonged to instead, unless a registered will says otherwise. [1][6]

The default split may not suit your family, for example where there is a second marriage, children from an earlier relationship, or a wish to leave everything to the surviving partner first. A registered UAE will can cover everything you own in the UAE, and it takes priority over the default. [1]

For Muslims, inheritance follows fixed Shariah shares under the UAE's personal status law for Muslims. A will can cover up to one third of the estate. More than that, or any gift by will to an heir, needs the other heirs' consent. [5]

If there are no heirs at all: since 1 June 2026, a foreigner's money in the UAE becomes a charitable endowment (waqf). Under the old law, it went to the State. [6][7]

Bank accounts are frozen on death

When a UAE bank learns that an account holder has died, it freezes the account, joint accounts included, until it receives a court order. [8] The UAE has no automatic right of survivorship, so a surviving joint owner doesn't take over automatically. [9]

A registered will makes the process quicker. In Dubai, a registered will is carried out by a written order, while an unregistered one needs a court judgment. [17] Abu Dhabi's courts warn that having no registered will can delay the distribution of an estate. [3]

Your options for registering a will

DIFC Courts Wills Service ADGM Courts Abu Dhabi Judicial Department Dubai Courts
Who can use it Non-Muslims who are not, and have never been, Muslim, with UAE assets or children living in the UAE [10] Non-Muslims aged 21 or over [13] Any non-UAE citizen, of any religion, according to ADJD [3] Non-Muslims [17]
Language English [10] Arabic and English, with a certified translation [13] Arabic and English template [3] Usually Arabic [14]
Done remotely Yes, by video call [10] Yes, digitally [13] Applied for online, then an appointment by video [4] Ask Dubai Courts
Government fee (single will) AED 5,000 to 10,000, depending on the type of will [11] AED 950 plus USD 155 [12] AED 950 for a regular will; AED 2,500 for a special will [3] Not published on a page we could check
Probate DIFC Courts Not handled by ADGM; goes to the Abu Dhabi Judicial Department [13] Abu Dhabi Judicial Department Dubai Courts [17]

DIFC will types (official fees, single / couple): [11]

Will Covers Single Couple
Full Will All UAE assets, plus guardians for children living in Dubai or Ras Al Khaimah AED 10,000 AED 15,000
Property Will Up to five UAE properties AED 7,500 AED 10,000
Business Owners Will Up to 5 shareholdings in UAE companies AED 5,000 AED 7,500
Financial Assets Will Up to 10 accounts at UAE banks or brokers AED 5,000 AED 7,500
Guardianship Will Guardians for children only AED 5,000 AED 7,500

A DIFC will needs 2 witnesses who aren't beneficiaries. Lawyers' drafting fees are extra. [10]

How do I make a will in Dubai?

Through the DIFC Courts Wills Service, the steps are: [10][11]

  1. Choose the type of will: full, property, business owners, financial assets or guardianship.
  2. List the assets it covers and, if you have young children, the guardians you want to appoint.
  3. Have the will drafted, usually by a law firm.
  4. Book a registration appointment with the DIFC Courts. It can be held by video call with a DIFC officer, with the will signed on screen in front of 2 witnesses.
  5. Pay the registration fee for your type of will.

Things to check:

  • DIFC minimum age. The DIFC Courts' FAQ says 18. [10] Dubai's law on non-Muslim wills sets 21 and applies in the DIFC too, which is why some law firms say 21. [17]
  • ADGM pause. ADGM isn't taking new will requests from 16 October until 6 November 2026, and reopens on 9 November. [12]

Can a Muslim register a will in the DIFC or ADGM?

No. Both services are for non-Muslims only. [10][13] A Muslim can make a will under the UAE's personal status law for Muslims, within the one-third limit. [5]

The Abu Dhabi Judicial Department says any non-UAE citizen, regardless of religion, may register a will with its civil wills office. [3] Whether a court will apply such a will to a Muslim's estate has not been consistent, so take advice. [15]

Some Muslim families plan during their lifetime instead, for example by funding a Shariah-compliant foundation through gifts (hibah). [20] Whether such a gift can be challenged under the inheritance rules is not settled: in January 2021 the DIFC Court of Appeal declined to answer that question. [19] A guide to Shariah-compliant succession and waqf is coming soon.

Is a will from your home country enough?

Usually not, for UAE assets. A will made in the UK, India or elsewhere has to go through several steps before a UAE court considers it: [16][18]

  • notarised and legalised at home
  • attested by the UAE embassy and the UAE Ministry of Foreign Affairs
  • translated into Arabic, with the translation attested

UAE law governs a foreigner's will about property in the UAE. [6] In Dubai, a will that isn't registered there is carried out only through a court judgment. [17]

The usual approach is two wills. A home-country will covers home-country assets, and a registered UAE will covers UAE assets. Each is worded so it doesn't cancel the other. [9]

How Marlborough Gulf helps

What we do:

  • We list every UAE and overseas asset, who owns it and in which country, and mark which will covers each.
  • We help you decide which will, or wills, you need, and how they fit with any foundation or holding company.
  • We coordinate the law firm's work with your other advisers.

What others do: A law firm drafts your will, and a court registry registers it. You appoint and contract with the law firm directly.

Book a consultation

Questions people ask

What happens to my Dubai property if I die without a will?

For a non-Muslim, federal law splits the estate by default: half to the spouse, half equally to the children. An heir can ask for the law of the country you belonged to. A registered will sets out your own wishes. [1]

Which is better, a DIFC will or an ADGM will?

They suit different needs:

  • DIFC offers separate wills for property, companies, bank accounts or guardianship, and works in English. [10][11]
  • ADGM costs less but needs Arabic and English versions, and probate goes to the Abu Dhabi Judicial Department. [12][13]
Can I appoint a guardian for my children?

Yes. A DIFC Full Will or Guardianship Will can name guardians for children living in Dubai or Ras Al Khaimah. ADGM also offers guardianship wills. [11][12]

Does my UK will cover my UAE assets?

Not reliably. It must be attested and translated, UAE law governs it for UAE property, and in Dubai an unregistered will needs a court judgment. A separate UAE will is the standard advice. [6][9][16][17]

Are bank accounts frozen even if they're joint?

Yes. Joint accounts are frozen too, until a court order is issued. [8]

This guide is general information, not legal advice. Rules and fees change. Take advice from a qualified lawyer before making or changing a will.

Related guides

Sources

  1. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, Articles 11(1)–(3) and 18 (in force 1 Feb 2023). https://uaelegislation.gov.ae/en/legislations/1586
  2. Abu Dhabi Law No. 14 of 2021, Abu Dhabi Official Gazette, 30 Nov 2021 (in force one month after publication, Article 20). https://www.abudhabi.gov.ae/-/media/sites/adgov/gazettes/2021/en/11english2021.ashx
  3. Abu Dhabi Judicial Department, Civil Family Court: civil wills and inheritance, questions 2 and 4–7, viewed 28 Oct 2026. https://www.adjd.gov.ae/en/Pages/CivilFamilyCourt.aspx
  4. Abu Dhabi Judicial Department, FAQs: civil wills, viewed 28 Oct 2026. https://www.adjd.gov.ae/EN/Pages/FAQs_.aspx
  5. Federal Decree-Law No. 41 of 2024, Personal Status Law, Articles 173, 184, 193 and 206 (in force 15 Apr 2025). https://uaelegislation.gov.ae/en/legislations/2770
  6. Federal Decree-Law No. 25 of 2025, Civil Transactions Law, Article 17(1), (2) and (5) (in force 1 Jun 2026). https://uaelegislation.gov.ae/en/legislations/4011
  7. Federal Law No. 5 of 1985, Civil Transactions Law (replaced), Article 17(2). https://uaelegislation.gov.ae/en/legislations/1025/download
  8. Gulf News, "Do UAE banks freeze accounts after death? What expats need to know", 22 Nov 2025. https://gulfnews.com/living-in-uae/banking/do-uae-banks-freeze-accounts-after-death-what-expats-need-to-know-1.500355572
  9. Kingsley Napley, "Dubai wills for British expats and non-Muslims: FAQs". https://www.kingsleynapley.co.uk/services/department/private-client/wills-succession-planning-and-trusts/dubai-wills-for-british-expats-and-non-muslims-frequently-asked-questions
  10. DIFC Courts, Wills FAQ. https://www.difccourts.ae/about/faq/wills-faq
  11. DIFC Courts, will service pages (Full, Property, Business Owners, Financial Assets, Guardianship), viewed 29 Oct 2026. https://www.difccourts.ae/difc-courts-wills/services/full-will
  12. ADGM Courts, Notary Public: Wills, viewed 29 Oct 2026. https://www.adgm.com/adgm-courts/notary-public
  13. ADGM Courts Notary Public and Wills Office, Wills FAQs. https://assets.adgm.com/download/assets/Wills-Office-FAQs-June-27122021.pdf/2909ce8845cc11efa697c26cc7427b69
  14. Leaders Advocates via Legal 500, "How to register a will in Dubai", 15 Jul 2026. https://www.legal500.com/intelligence/united-arab-emirates/family-and-matrimonial/how-to-register-a-will-in-dubai-legal-requirements-explained
  15. Lena-Maria Möller, "Abu Dhabi Court of Cassation on Civil Family Law and Muslim Foreigners", Conflict of Laws.net, 2024. https://conflictoflaws.net/2024/abu-dhabi-court-of-cassation-on-civil-family-law-and-muslim-foreigners-has-the-tide-turned/
  16. Khaleej Times, "UAE: Can a will made in one's home country cover properties, assets in the Emirates?", 6 Apr 2025. https://www.khaleejtimes.com/uae/legal/uae-will-home-country-assets
  17. Dubai Law No. 15 of 2017 on the estates and wills of non-Muslims in Dubai, Articles 2, 3, 6(a), 8(1), 9(a)(2) and 18. https://dlp.dubai.gov.ae/Legislation%20Reference/2017/Law%20No.%20%2815%29%20of%202017.html
  18. UAE Ministry of Foreign Affairs, Documents Attestation, viewed 28 Oct

    https://www.mofa.gov.ae/en/Services/Attestation

  19. DIFC Courts, DIFC Authority [2020] DIFC CA 002, Court of Appeal judgment, 18 Jan 2021 (Question 9). https://edge.sitecorecloud.io/dubaiintern0078-difcexperie96c5-production-3253/media/project/difcexperiences/difc/difcwebsite/documents/familydocs/ca-002-2020-judgment---18-january-2021.pdf
  20. Ocorian with Ebdaa Islamic Finance Consultancy, "Shari'ah-compliant family foundations in the UAE", 25 Aug 2026. https://www.ocorian.com/knowledge-hub/insights/shariah-compliant-family-foundations-uae