The UAE has become home to one of the world’s most international communities’ entrepreneurs, investors, families all building serious wealth here. But here’s what many people still overlook: succession in the UAE doesn’t automatically follow your home country’s law.

Estate Planning in the UAE: Wills, Foundations, and the Real Rules for Expats

Without the right structure, your estate may fall under Sharia inheritance principles, even if you’re not Muslim. That can completely reshape how your assets are divided, who inherits, and how long it takes for your family to access what’s rightfully theirs.

Estate planning in the UAE isn’t complicated, but it needs to be done correctly. Here’s how it really works.

1. The Legal Core Principle – No Will, No Choice

The UAE’s legal system combines civil law with Sharia principles. For Muslim residents, inheritance automatically follows Sharia with fixed portions assigned to heirs.

For non-Muslims, the law now allows them to apply the inheritance rules of their nationality but there’s a catch. It only applies if you’ve registered a valid will in the UAE.

If you haven’t, local courts can still fall back on Sharia. That’s where many expats get caught out.
A will is not just a formality, it’s what gives you legal control over who inherits what, and how. Without it, you lose that control.

2. Two Gateways for Wills in the UAE

DIFC Wills Service Centre

The Dubai International Financial Centre (DIFC) offers the most widely recognised option for non-Muslims who want a clear, common-law based system.
It operates in English and provides enforceability through DIFC Courts, which makes it efficient and predictable.

A DIFC will cover:

Real estate, companies, and bank accounts anywhere in the UAE
Guardianship for minor children
Business ownership or shareholdings

It’s the go-to option for entrepreneurs and professionals who prefer a system that feels familiar to what they’re used to abroad private, quick, and legally solid.

Abu Dhabi Judicial Department (ADJD)

The ADJD Wills Registry in Abu Dhabi is another recognised route for non-Muslims.
It’s bilingual (Arabic and English), cost-effective, and its decisions are now accepted across all Emirates.

If your estate is simpler say, personal property and family assets ADJD can be a practical and affordable choice. Both DIFC and ADJD wills are legally valid and enforceable across the UAE; the choice often comes down to structure, language preference, and cost.

3. Foundations – When Succession Becomes Structural

A foundation isn’t a replacement for a will; it’s an evolution of estate planning.
Think of it as a legal holding structure it owns your assets and defines how they’re managed both during your lifetime and after.

You can transfer company shares, real estate, or investments into a DIFC or RAK ICC Foundation, and set the rules in advance for how those assets are handled.

Why many expats use them:

They avoid probate no delays when someone passes away.
They protect assets from personal liabilities or disputes.
They keep ownership private.
They can continue operating seamlessly across generations.

For families or business owners with significant UAE or cross-border holdings, a foundation offers more control than a traditional will alone.

4. Wills vs Foundations – What Each Does Best

	Registered Will	DIFC / RAK ICC Foundation
Purpose	Transfers assets after death	Manages and protects assets during life and beyond
Court Process	Probate required	Avoids probate entirely
Privacy	Public record after execution	Private and confidential
Governance	One-time instruction	Ongoing control via council and charter
Best For	Personal property and guardianship	Business holdings, investments, and family wealth

In practice, most expats combine both:
they will define who inherits, and the foundation ensures those assets stay managed exactly as planned.

5. Muslim Expatriates – Planning Within Sharia

For Muslim expatriates, inheritance in the UAE automatically follows Sharia distribution rules.
That means each heir’s share is predetermined for example, a son generally inherits twice the portion of a daughter.

A Muslim can still make a will, but it can only direct up to one-third of the estate to non-heirs or causes outside Sharia.
A foundation can still be set up for governance or protection purposes but it must respect these same distribution principles.

The key is structure, not avoidance. With proper legal drafting, Muslim expats can protect assets, maintain family control, and remain compliant with Sharia.

6. When Each Option Makes Sense

Use a Will when:

You have property or bank accounts in your personal name.
You want to appoint guardians for children.
You prefer a straightforward, once-off legal document.

Use a Foundation when:

You hold company shares, investments, or multiple assets.
You want ongoing control and privacy.
You want business continuity and protection from disputes.

Use Both when:
You want a full, layered structure that ensures both clarity (through the will) and continuity (through the foundation).

7. The Process – From Intention to Implementation

Map your assets – list property, companies, accounts, and investments.
Select the right jurisdiction – DIFC or ADJD for wills; DIFC or RAK ICC for foundations.
Engage licensed professionals – only registered drafters and approved service providers can prepare these.
Register officially – unsigned drafts or foreign wills don’t hold up locally.
Review annually – life changes, so should your documents.

A small update once a year can save your family months of delays later.

8. Why Proper Planning Matters

Without a registered will or a structured holding vehicle, local banks and authorities freeze assets when someone passes away. The family then needs a court order to unfreeze them, a process that can take months, sometimes years.

With a will or foundation in place, everything continues smoothly.
Executors have clear authority, ownership transfers without dispute, and your intentions are respected in full.

Estate planning here isn’t about expecting the worst. It’s about being organised enough to protect what you’ve built for yourself, your business, and your family.

Final Thought

A will gives you legal certainty.
A foundation gives you structure and control.
Used together, they create a legacy that works one that protects your family, preserves your assets, and honours your intentions.

It’s not about paperwork. It’s about peace of mind.

For personalised estate and succession planning advisory:
Sameer Aqil
Business Development Manager – JurisTax MENA

Any Question?

Website Privacy Notice

Data Protection

Disclaimer

Group Recruitment Privacy Notice