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Trust

Trusts and foundations in the UAE

A family with a business, homes and investments in more than one country usually wants 3 things from a structure: one legal owner for the assets, a clear set of rules for who benefits and when, and protection from a claim made under the law of a country the family has left. A trust and a foundation both do this, in different ways. In the UAE, a foundation can be registered in the DIFC, ADGM or RAK ICC, and a trust can be set up under the DIFC or ADGM trust laws or, since 2023, under the UAE's federal trust law. [1][2][3][4][5]

Your situation

Most families come to this page with one of these in front of them:

  • a family business whose shares are held personally, with no plan for what happens when the founder dies
  • property in Dubai, London and elsewhere, each under a different inheritance law
  • children in more than one country, or a second marriage
  • a wish to keep the family's wealth together for a generation, rather than split it on the first death
  • a worry that a court abroad could reach assets held here

A will answers who inherits. A trust or foundation answers who holds the assets, who runs them and on what terms, during life and after it.

Trust or foundation: the difference

Trust Foundation
What it is A legal arrangement. A trustee owns the assets and must manage them for the beneficiaries. The trust itself is not a legal person. A legal entity, like a company with no shareholders. It owns its own assets and is run by a council.
Who controls it The trustee, within the trust deed. A protector can be appointed to watch the trustee. The council, under the charter and by-laws. A guardian is required for charitable or purpose foundations. [3][5]
Where in the UAE DIFC and ADGM have their own trust laws. Onshore trusts are registered under the federal trust law. [1][2] DIFC (Law No. 3 of 2018), ADGM (Foundations Regulations 2017), RAK ICC (Foundations Regulations 2019, amended 2025). DMCC announced its own foundation rules on 23 September 2026. [3][4][5][6]
Who sets it up A law firm drafts the deed. A licensed trust company acts as trustee. A law firm drafts the charter. A registered agent files it: compulsory at RAK ICC, optional in the DIFC. [3][5]
Dubai property A trust cannot be the registered owner. DIFC and ADGM foundations can hold Dubai property in areas open to foreign owners. No official source confirms the same for RAK ICC foundations. [8]
Familiar to Common-law families (UK, Singapore, Hong Kong) Civil-law families (Europe, India, the Gulf)

Protection from claims abroad

All 3 UAE foundation laws, and the DIFC trust law, carry "firewall" provisions. A gift into the structure is not undone because a foreign law gives a relative a fixed share, and a conflicting foreign judgment is not enforced. The DIFC trust and foundation laws add that a foreign heirship right over a living person's property is not recognised. [1][3][4][5] RAK ICC strengthened its rules on 31 July 2025: a challenge to a foundation or a transfer into it must be brought within 3 years, and officers must ignore foreign court orders. [5]

Two limits. The protection is for lifetime gifts, not for gifts left in a will that is invalid under the law of the person's last home (DIFC Law, Article 13(2)(c)). And none of these provisions has been tested in a UAE onshore court applying UAE law, in particular for a Muslim founder. [3][7]

What it costs to register

Government fees only. Agents', trustees' and lawyers' fees are separate and usually larger.

  • DIFC foundation: registration nil; licence USD 350 on setup and each year. [3]
  • ADGM foundation: USD 1,000 in the first year, USD 500 a year after. [4]
  • RAK ICC foundation: fees are not published officially. Ask for the current schedule.
  • Minimum assets: USD 100 at ADGM and RAK ICC. The DIFC law sets no minimum. [3][4][5]

What we do

  • We list the family's assets by country, owner and value, and the outcome you want for each.
  • We set out whether a trust, a foundation or a holding company suits each asset, and in which registry, with the tax rules of every country involved in view.
  • We design the structure and its order: what moves in, when, and what the will still needs to cover.
  • We form and administer the UAE companies the structure holds, including RAK ICC companies, and keep their accounts.
  • We coordinate the law firm, the registered agent, the trustee you appoint and your tax advisers to one timetable, and review the structure when the law or the family changes.

What a licensed partner does

  • A law firm drafts the trust deed or the foundation charter and by-laws.
  • A licensed trust company acts as trustee. You appoint it directly.
  • A licensed registered agent files a DIFC or ADGM foundation with the registrar. You engage it directly.
  • Tax advisers in each country confirm how the structure is taxed there.

You appoint and contract with each one directly. Under a Full Mandate, we run the whole plan.

Related guides

Questions people ask

What is the difference between a trust and a foundation?

A trust is an arrangement in which a trustee owns assets for others. A foundation is a legal entity that owns its own assets and is run by a council. Civil-law countries and the Gulf are more familiar with foundations; common-law countries with trusts. [1][3]

Can a foundation own property in Dubai?

DIFC and ADGM foundations can, in areas open to foreign ownership, under agreements with the Dubai Land Department. No official source confirms the same for RAK ICC foundations. [8]

Does a UAE foundation protect against forced heirship claims?

Each law says a gift into the foundation is not undone by a foreign forced-heirship rule, and that conflicting foreign judgments are not enforced. The rules are designed to protect lifetime gifts and have not been tested in a UAE onshore court. [3][4][5][7]

Who acts as trustee of a family trust in the UAE?

The family appoints the trustee, and a licensed trust company is the usual choice for a professional trustee. Under the federal trust law, the trust is registered with the competent authority in each emirate. [2] Marlborough Gulf does not act as trustee or arrange one.

This page is general information, not legal advice. Laws and fees change; figures were last checked on 29 October 2026.

Marlborough Gulf does not give investment, pension or insurance advice. Regulated services are provided by licensed firms, who contract with you directly.

Sources

  1. Trust Law, DIFC Law No. 4 of 2018, Consolidated Version No. 3 (March 2024), Articles 13 to 16 (limitations in foreign law, heirship rights, foreign judgments). Opened 29 Oct 2026. https://edge.sitecorecloud.io/dubaiintern0078-difcexperie96c5-production-3253/media/project/difcexperiences/difc/difcwebsite/documents/familydocs/trust_law_difc_law_no_4_of_2018_updated_2024_.pdf
  2. Federal Decree-Law No. 31 of 2023 on Trusts, issued 25 Sep 2023, which repeals Federal Decree-Law No. 19 of 2020 and provides for registration with the competent authority in each emirate. Official page (could not be opened by our tools on 29 Oct 2026); summary from GCC Board Directors Institute, "Reissue of the Federal Trust Law in the UAE", Nov 2023. https://uaelegislation.gov.ae/en/legislations/2120 https://gccbdi.org/legal-updates/reissue-federal-trust-law-uae
  3. Foundations Law, DIFC Law No. 3 of 2018, Consolidated Version No. 3 (March 2024), Articles 13 to 16, 23, 24, 27 and the fee schedule. https://edge.sitecorecloud.io/dubaiintern0078-difcexperie96c5-production-3253/media/project/difcexperiences/difc/difcwebsite/documents/laws--regulations/foundations-law-difc-updated-law-no-3-of-2018_2024.pdf
  4. ADGM Foundations Regulations 2017, sections 13 and 32 to 34; ADGM Registration Authority, Overview of Fees 2025, Jan 2025. https://assets.adgm.com/download/assets/foundations-regulations-2017.pdf/a9b58092643811efb33122e97052245a https://assets.adgm.com/download/assets/Schedule+of+Fees+2025.pdf/6f25a452823d11ef808c3e0446867bce
  5. RAK ICC Foundations Regulations 2019, as amended with effect from 31 Jul 2025, Regulations 7, 8, 20, 25, 25A, 26 and 68A (third-party copy of the text); RAK Government Media Office, "RAK ICC strengthens Foundations regime with 2025 legislative enhancements", 19 Aug 2025. https://uae.shushin.io/corporatelaw/rak-icc/RAK-ICC-Foundations-Regulations https://www.rakmediaoffice.ae/en/media-center/press-releases/rak-icc-strengthens-foundations-regime-with-2025-legislative-enhancements/
  6. DMCC, "DMCC Establishes Foundations Regulations to Expand Private Wealth and Structuring Offering for Members", 23 Sep 2026. https://dmcc.ae/latest-news/dmcc-establishes-foundations-regulations-to-expand-private-wealth-and-structuring-offering-for-members
  7. DIFC Courts, DIFC Authority [2020] DIFC CA 002, Court of Appeal judgment, 18 Jan 2021 (Question 9 declined). https://edge.sitecorecloud.io/dubaiintern0078-difcexperie96c5-production-3253/media/project/difcexperiences/difc/difcwebsite/documents/familydocs/ca-002-2020-judgment---18-january-2021.pdf
  8. Gulf News, "DLD opens investment lane for DIFC entities", 1 Nov 2018; Stephenson Harwood, "The Ownership Of Real Estate In Dubai By ADGM Registered Entities", 15 Sep 2020 (on Legal 500). https://gulfnews.com/business/property/dld-opens-investment-lane-for-difc-entities-1.2107712 https://www.legal500.com/intelligence/united-arab-emirates/real-estate-and-construction/the-ownership-of-real-estate-in-dubai-by-adgm-registered-entities