FAQs
Residency & identity
6. My residency details in the will are incorrect - does this invalidate it?
Not automatically. However, inaccurate details can be used to challenge the will or cause delays during probate. It is strongly recommended to correct any inaccuracies before the will is finalized and registered.
7. My current residence has changed since the will was drafted - what do I do?
The will should be amended to reflect your correct current residence before it is signed and registered. This is a straightforward correction that can be made via a formal amendment.
8. Do I need to update the will every time my Emirates ID or passport changes?
Not necessarily - courts can identify a testator through multiple means. However, it is good practice to update the will when significant identity documents change to avoid any ambiguity during estate administration.
Revocation & updates
9. Does signing a new will cancel all my previous wills?
Yes - if the will includes a Revocation Clause, it explicitly cancels all previous wills, testamentary writings, and codicils relating to the UAE estate. Only the most recent registered will is valid. This is a standard and essential clause in every well-drafted will.
10. What happens if I buy a new property in the UAE after signing my will - is it automatically covered?
Yes - if the will defines the estate broadly as "all assets situated in the UAE at the time of death," any future acquisitions are automatically included. You only need to update the will if you want a specific new asset distributed differently from the general distribution already stated.
11. Do I need to rewrite the will every time I acquire a new asset?
No. New UAE assets are automatically covered under a broadly defined estate clause. You only need to update the will if you want to direct a specific asset to a specific person differently from the general distribution.
12. Can I make changes to the will without rewriting the entire document?
Yes. Minor changes can be made through a Codicil - a formal legal amendment to the existing will. For significant structural changes, rewriting is advisable. Many wills also include a clause allowing the testator to give specific instructions to their Trustee through signed informal writings without formally amending the will.
13. Can I revoke my will entirely at any time?
Yes. A testator can revoke their will at any time while alive and of sound mind - by destroying it, signing a formal revocation document, or executing a new will that explicitly cancels the previous one.
Jurisdiction & Sharia law
14. Will Sharia law apply to a non-Muslim's estate in the UAE?
Not if a registered non-Muslim will is in place. A properly registered will can explicitly exclude Sharia law. Without a registered will, UAE courts may apply Sharia inheritance rules by default - even to non-Muslim estates. (Dubai Law No. 15/2017; Federal Law No. 5/1985 Art. 17)
15. Why is the testator's home country law mentioned in the will?
Home country law is referenced as a fallback only. If a UAE court refuses to enforce a specific provision of the will, the law of the testator's home country will be applied to resolve that dispute - rather than Sharia or UAE default rules. (Federal Law No. 5/1985 Art. 17)
16. What laws govern a non-Muslim will in the UAE?
Three layers apply:
Primary: Dubai Law No. 15 of 2017 (non-Muslim wills in Dubai)
Supporting: UAE Federal Law No. 5/1985, Article 17 (home country law for non-nationals)
Fallback: Testator's home country civil law (if court rejects any provision)
17. What happens if a UAE court refuses to apply the testator's wishes?
The court applies the testator's home country law to resolve the dispute. Additionally, a Severability Clause ensures only the rejected part is affected - all other clauses of the will remain fully valid and enforceable.
18. Can a court override the entire will?
A court cannot override a properly registered non-Muslim will entirely. It can only set aside specific provisions that violate UAE public policy, involve illegal arrangements, or harm a minor's best interests. The rest of the will remains enforceable. (Dubai Law No. 15/2017)
19. What is the significance of Dubai Law No. 15 of 2017?
This law created the legal framework for non-Muslims to register wills in Dubai and have them enforced exactly as written. It takes precedence over all other general inheritance legislation. Without this law, a non-Muslim's UAE estate could default to Sharia distribution rules.
20. Does being a non-Muslim affect how a will is treated in the UAE?
Yes - positively. Non-Muslims have the legal right to opt out of Sharia inheritance entirely and distribute their UAE estate freely through a registered will. Muslims in the UAE do not have this option. (Dubai Law No. 15/2017)
21. What would happen to my estate if I did NOT have a will - how would Sharia law divide it?
Without a registered will, UAE courts would apply Sharia inheritance rules (Faraid) by default. Under Faraid: fixed shares are allocated to blood relatives based on gender and relationship; sons receive double the share of daughters; non-relatives - including partners, friends, or appointed trustees - receive nothing; and distribution is entirely outside the deceased's control. (Federal Law No. 28/2005 - Personal Status Law)
22. Under Sharia law, who gets what percentage of the estate?
The exact division depends on surviving family members. General principles: spouse receives 1/8 (if children exist) or 1/4 (if no children); sons receive double the share of daughters; parents receive fixed shares if alive; non-relatives receive nothing regardless of the deceased's wishes. A registered will overrides all of this entirely.
23. Can Sharia law interfere even if the will explicitly excludes it?
No - not if the will is properly registered. A registered non-Muslim will under Dubai Law No. 15/2017 is legally binding and Sharia law cannot override it. The only risk is if the will is unregistered, improperly executed, or successfully challenged in court. (Dubai Law No. 15/2017)
24. What is the difference between Sharia law and a registered will?
Sharia (Faraid): Fixed shares by gender and blood relation. Non-relatives get nothing. No flexibility whatsoever.
Registered Will: Assets distributed exactly as the testator directs. Full flexibility on who gets what and when.
Key difference: A will gives you complete control. Without one, Sharia removes it entirely.
Executor & trustee
25. What is the difference between an Executor and a Trustee?
Executor: The person responsible for carrying out the will - paying debts, filing with court, and distributing assets.
Trustee: The person who holds and manages assets on behalf of beneficiaries who cannot yet receive them directly (e.g. minors or those lacking legal capacity). In many wills, the same person serves both roles.
26. Who should I appoint as my Executor and Trustee?
You should appoint someone you fully trust who is capable of managing legal and financial matters. It is advisable to also name a substitute Executor in case the primary appointee is unable or unwilling to act. The Executor does not need to be a UAE resident but should be reachable and able to travel to the UAE if needed.
27. What happens if the appointed Executor is unable or unwilling to act?
If a substitute Executor is named in the will, they automatically step in with the same powers and responsibilities. If no substitute is named, the court may appoint an administrator to manage the estate.
28. What powers does a substitute Executor have?
A substitute Executor holds identical powers to the primary - managing, distributing, and administering the estate, and acting as guardian for minor beneficiaries if applicable.
29. Can my Trustee resign?
Yes. A Trustee can resign from their role without forfeiting any personal benefits they may hold under the will. Upon resignation, the substitute steps in, or a court appoints a replacement.
30. Can my Trustee appoint someone else to manage the estate?
Yes. Most wills grant the Trustee the power to appoint a law firm or qualified third party to act as estate manager or executor on their behalf. This is particularly useful when the Trustee is abroad or lacks the technical expertise to administer the estate alone.
31. What if I want to change my Executor in the future?
The will must be formally amended via a codicil or a new will naming the new Executor. The change must be re-registered to be legally valid.
Estate & assets
32. What is typically included in "my estate"?
A well-drafted will defines the estate broadly to include all assets of every kind situated in the UAE - tangible or intangible, movable or immovable. This includes real estate, cash, bank accounts, investments, insurance policies, shares, business interests, digital assets, and any rights or entitlements.
33. Are bank accounts and investments covered?
Yes. All UAE bank accounts, investment accounts, insurance policies, shares, and interests in companies are included in the estate definition.
34. Are digital assets covered - crypto, online accounts, social media?
Yes - a comprehensive will should explicitly include digital wallets, email accounts, online financial platforms, and social media accounts, with authority granted to the Trustee to access, manage, distribute, or close them
35. Does the will cover jointly owned property?
Only the testator's share in jointly owned property is covered. The co-owner's share is unaffected. Only the deceased's ownership portion passes through the will.
36. Are assets bought after signing the will automatically included?
Yes - if the estate is defined as all assets in the UAE at the time of death, future purchases are automatically included. No amendment is needed unless a specific asset is to be distributed differently.
37. What assets are NOT covered by a UAE will?
Assets located outside the UAE are not covered. Separate wills or legal arrangements in the relevant countries are required for overseas assets.
38. Are assets outside the UAE covered?
No. A UAE will covers only UAE-situated assets. For assets in other countries, separate legal documentation in the relevant jurisdiction is required.
Administration & debts
39. What happens to debts when I die?
All outstanding debts must be paid from the estate before any distribution to beneficiaries. This is the first obligation of the Trustee.
40. In what order are assets dealt with before distribution?
Pay all outstanding debts
Pay funeral and testamentary expenses
Settle any legal claims against the estate
Fulfill specific gifts named in the will
Distribute the remainder to beneficiaries as directed
41. Can the Trustee sell property to pay debts before distributing to beneficiaries?
Yes. The Trustee typically has full discretion to sell any portion of the estate to meet debts and obligations before distributing the remainder to beneficiaries.
42. Who pays for the funeral - and from where?
Funeral expenses are paid from the estate as a priority obligation, immediately after debts. Family members may need to cover costs upfront if bank accounts are frozen at the time, and then be reimbursed from the estate once the court releases funds.
43. What happens if the estate doesn't have enough to cover all debts?
Debts are paid in order of legal priority until the estate is exhausted. Beneficiaries are not personally liable for any remaining unpaid debts - they simply receive less or nothing if the estate is fully consumed. Under UAE law, heirs do not inherit personal liability for debts. (Federal Law No. 5/1985)
Beneficiaries & distribution
44. Who can be named as a beneficiary?
Anyone - family members, friends, or non-relatives. Unlike Sharia law, a registered non-Muslim will allows the testator to leave assets to any person they choose, in any proportion they choose. There is no restriction on who can be named.
45. What happens if a beneficiary dies before the testator?
This depends on what the will states. Typically, the deceased beneficiary's share either passes to the surviving beneficiaries or falls into the residuary estate. The will should always include a provision covering this scenario.
46. Can I add or remove beneficiaries without rewriting the will?
Any change to beneficiaries requires a formal amendment (codicil) or a new will. This cannot be done informally as it directly affects inheritance rights.
47. My beneficiaries are minors - when do they receive their inheritance?
Minors cannot legally receive and manage assets independently. Their shares are held and managed by the appointed Trustee until they each reach the age of 18, at which point their share transfers to them fully and unconditionally.
48. Who manages a minor beneficiary's share in the meantime?
The appointed Trustee manages the minor's share as their legal guardian. The Trustee is obligated to act in the minor's best interests at all times and in accordance with UAE law.
49. What can the Trustee do with a minor's share?
The Trustee can manage and invest the share, retain it safely, use income for the minor's benefit, and pay amounts to the minor's legal guardian for their day-to-day needs. Full distribution occurs only when the minor reaches legal age.
50. What happens to income generated by the estate while minors are growing up?
Income is accumulated with capital and retained by the Trustee on behalf of the minor. The Trustee can use part of it for the minor's benefit during this period. The full accumulated amount is transferred when the minor reaches 18.
51. When a beneficiary turns 18, do they automatically receive their full share?
Yes - if the will states the age of 18 as the threshold, the share vests absolutely upon reaching that age, without any restriction or condition. The Trustee's role over that share ends.
52. What if a beneficiary lacks mental capacity - not just age?
The same Trustee protections apply. If a beneficiary cannot legally manage assets due to mental incapacity, the Trustee retains and manages their share, paying income to their legal guardian until capacity is established or a court makes alternative arrangements.
Informal writings & bequests
53. Can I leave specific items or amounts to specific people outside of the main will?
Yes - if the will includes an informal writings clause. This allows the testator to write signed and dated letters or notes directing the Trustee to give specific items or amounts to specific people, without formally amending the will.
54. What qualifies as a valid informal written instruction?
It must be: signed by the testator personally, dated after the date of the will, and clearly express the testator's intention. Formal legal language is not required. The Trustees are typically the sole judges of whether a document qualifies.
55. Are informal bequests subject to taxes or fees?
A well-drafted will should explicitly state that bequests made through informal writings are free of interest, delivery expenses, and government taxes - unless the testator specifies otherwise in that document.
56. Who decides if an informal document is valid - the court or the Trustee?
Under most will provisions, the Trustees are the sole judges. However, if a dispute arises between parties, a court can review and override the Trustee's decision.
Validity & court challenges
57. Under what circumstances can a court reject part of a will?
The provision violates UAE public policy
The provision is illegal under UAE law
The will was improperly signed or witnessed
A creditor has a legal claim that takes priority
A provision is against the best interests of a minor beneficiary
58. If one clause is found invalid, does the whole will fail?
No - not if the will includes a Severability Clause. This clause ensures that if one provision is ruled invalid, all remaining provisions continue to be fully enforceable. The invalid clause is removed; the rest of the will stands.
59. Can family members challenge a will?
Anyone can attempt to challenge a will in court. However, a properly registered non-Muslim will in Dubai is very difficult to overturn. Grounds for challenge are limited to fraud, forgery, mental incapacity at the time of signing, or proven undue influence. (Dubai Law No. 15/2017)
60. What makes a will legally valid in the UAE?
For a non-Muslim will in Dubai, it must be: in writing, signed by the testator, witnessed by two witnesses, and registered with the DIFC Wills Service Centre or Dubai Courts. (Dubai Law No. 15/2017)
61. Does a will need to be registered in the UAE?
Registration is strongly recommended and practically essential. A will registered with the DIFC Wills Service Centre or Dubai Courts is immediately enforceable and very difficult to challenge. An unregistered will can still be submitted to court but carries more risk of delay and challenge. (Dubai Law No. 15/2017)
Funeral wishes
62. Can I specify my funeral wishes in my will?
Yes. A will typically includes a clause directing that funeral arrangements follow the testator's religion and faith. The Executor is legally bound to respect this. It is also advisable to inform family and the Executor of specific preferences separately so they can act immediately without waiting for the will to be formally processed.
63. Who is responsible for carrying out funeral arrangements?
The primary Executor is responsible. In their absence, the substitute Executor steps in. Family members typically handle immediate arrangements and are reimbursed from the estate.
64. Are funeral costs covered by the estate?
Yes. Funeral expenses are a priority payment from the estate - paid immediately after settling debts, before any distribution to beneficiaries.
What happens when you die - The practical process
65. What exactly happens after I pass away - what is the sequence of events?
Step 1: Death certificate is issued by the relevant UAE authority or hospital
Step 2: Family or Executor notifies banks, relevant authorities, and the will registry
Step 3: Banks freeze all accounts upon official notification
Step 4: Executor applies to UAE court (Dubai Courts or DIFC) for a Grant of Probate
Step 5: Court reviews and validates the registered will
Step 6: Court issues an order authorizing the Executor to act
Step 7: Executor presents the court order to banks and institutions to unfreeze and transfer assets
Step 8: Debts, funeral costs, and claims are settled
Step 9: Remaining estate is distributed to beneficiaries as per the will
66. How does the Executor find out about the death?
There is no automatic legal notification to the Executor. It is the family's or next of kin's responsibility to inform the Executor. This is why it is critical that the Executor's contact details are known to the family, and the family knows who the Executor is and where the will is stored.
67. How do banks find out about the death - who notifies them?
Banks do not automatically know. Either the family, the Executor, or the court notifies them. Once officially notified - typically with a death certificate - banks are legally required to freeze all accounts of the deceased to protect the estate.
68. Do banks automatically freeze accounts when someone dies - and why?
Yes - once notified of a death, banks are legally required to freeze all accounts. This protects the estate from unauthorized access and ensures assets are distributed through the proper legal process. No one - including family members - can withdraw funds once accounts are frozen.
69. Can family members access bank accounts immediately after a death?
No. Once accounts are frozen, access is not permitted until the court issues a formal Grant of Probate authorizing the Executor to act. This is why it is advisable to maintain a joint account or accessible emergency funds to cover immediate expenses such as funeral costs.
70. With a registered will, what is the step-by-step process the Executor follows?
Obtain the official death certificate
Locate the registered will at the DIFC or Dubai Courts registry
File a probate application with the relevant court
Submit required documents: will, death certificate, Executor ID, asset list
Court validates the will and issues a Grant of Probate
Executor presents the Grant of Probate to each bank and institution
Banks unfreeze accounts and transfer assets to the estate account
Executor pays debts, expenses, and distributes assets per the will
71. Does the Executor go to court first, or directly to the bank?
Court first - always. The Executor must obtain a court-issued Grant of Probate before any bank will act. No UAE bank will release frozen funds without a valid court order, regardless of what the will states.
72. Can the Executor go directly to the bank with the will to unfreeze accounts?
No. A will alone is not sufficient to unfreeze bank accounts. The Executor must first obtain a Grant of Probate from the Dubai Courts or DIFC Court. Only then can they present the court order to the bank. The will is the foundation - the court order is the key that unlocks the estate.
73. How long does the entire process take from death to distribution?
For a registered non-Muslim will in Dubai, the probate process typically takes between 4 to 12 weeks depending on complexity, asset types, and whether any disputes arise. Simple estates with a DIFC-registered will can be resolved faster. Complex estates involving property, business interests, or disputes may take considerably longer.
74. What documents does the Executor need to present to the court and banks?
Original death certificate (officially attested)
Registered will or certified copy
Executor's passport and identification
List of known assets and liabilities
Property title deeds (if applicable)
Bank account details
Court-issued Grant of Probate (required by banks)
75. What happens to assets during the period between death and the court order?
All assets are frozen and legally protected. No one can access, sell, or transfer them. The estate enters a holding period until the court issues the Grant of Probate. Property cannot be sold and accounts cannot be debited during this time.
76. Can the family pay for the funeral if accounts are frozen?
Bank accounts will be frozen, so the family will typically need to cover funeral costs from personal funds initially. Once the Grant of Probate is issued, the Executor can reimburse these costs from the estate as a priority expense. Some UAE banks may release a limited amount for funeral expenses upon a formal request - this varies by bank policy.
77. What if the Executor is abroad when the death occurs - is there a time limit to act?
There is no strict legal deadline to file for probate in the UAE. However, delays can complicate matters - especially with frozen accounts and ongoing property obligations. The Executor can appoint a legal representative in the UAE to begin the process while traveling. Acting promptly is strongly advised.
78. What happens if the testator dies outside the UAE?
UAE assets are still governed by the registered will. The probate process remains the same. However, the foreign death certificate must be officially translated into Arabic and attested - by the UAE Embassy in that country and the UAE Ministry of Foreign Affairs - before UAE courts and banks will accept it. This may add time to the process.
