FAQs
We have set out below some of the frequently asked questions we receive.
Everybody's requirements are different so if you have additional questions that are not covered below or you require further information, please contact us today and we will be able to assist.
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I already have a non-UAE Will - should I also have a Will in the UAE?
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Is it possible for me to change and/or cancel my Will in the UAE?
1. What is a Will?
A Will is an incredibly important document that will help protect your assets and your family following your death.
Following your death, a Will sets out how your assets will be distributed and who should be appointed as guardians of your children.
2. Why do I need a Will in UAE?
It is highly recommended you have a Will in place in the UAE for a number of reasons, including the following:
Ensuring Desired Asset Distribution: A Will allows the testator to allocate their assets according to their preferences, including specifying beneficiaries and proportions.
Guardianship: A Will ensures that the preferred guardians for minor children are appointed, rather than relying on court determinations
Simplifying probate process: A Will provides clarity for UAE courts, reducing the time and complexity of probate proceedings
Peace of mind: Ensuring that one’s assets and family are protected brings peace of mind for the testator.
3. Does my spouse need a Will as well?
If you have children or if your spouse has any assets in the UAE, then your spouse should also have a Will.
We can prepare what is known as “Mirror Wills”. Mirror Wills are two separate Wills for married couples which will almost be identical or will be very similar.
Preparing Mirror Wills is also more cost efficient as we will provide a discounted rate to prepare both Wills. You will also pay less registration fees if you register the Mirror Wills with the DIFC Wills Service Centre.
4. What does a typical Will normally include?
A Will specifies how all of your assets are to be distributed following your death. A Will typically includes the following:
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real estate interests (e.g. family home, holiday home etc.)
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cash or money in bank accounts
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all moveable assets (e.g. vehicles, jewellery, household items, personal belongings etc.)
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investments or shares in companies, funds etc.
A Will can also specify who should be appointed as the guardian(s) of your children.
5. Do I need to list out all of my assets in a Will?
No. It is advisable not to list all of your assets in your Will. Your assets will change throughout your lifetime and listing your assets may result in assets not being covered by your Will.
We will draft your Will so that all of your assets in the UAE are included and distributed in accordance with your wishes.
If you want to gift someone a specific item, then this should be clearly stated in your Will.
6. Where should I register my Will?
The two options for non-Muslim expatriates in the UAE are the DIFC Wills Service Centre and the the Wills Registry for Non-Muslims at the Abu Dhabi Judicial Department (the "ADJD"). The best place for you to register your Will depends on your personal circumstances and preferences. Each registry has its benefits over the other (please the FAQs below for more details).
There is also a difference in the registration fees charged by each registry. The registration fees of the DIFC Wills Service Centre are more expensive than the registration fees of the ADJD (please see the FAQ below for more details of the registration fees).
The advantages and disadvantages of each registry will differ from person to person. The best option for you will depend on your personal circumstances and requirements. Our legal professionals will discuss these with you so you can decide which option is best for you.
7. What is the DIFC Wills Services Centre?
The DIFC Wills Service Centre (formerly known as DIFC Wills & Probate Registry) has been set up specifically to cater for non-Muslims owning assets in the UAE or wishing to put guardianship arrangements in place if they have children living in Dubai or Ras Al Khaimah.
The benefits of registering a Will with the DIFC Wills Service Centre include:
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the registration will give you assurance on the distribution of movable and immovable assets as per your wishes
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the legal regime is based on English law and is clear and unambiguous
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all documents and communications are conducted in English (compared to the ADJD which requires all documents to be translated into Arabic)
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the probate process is simpler, quicker and cheaper than other court processes in the UAE
8. What is the Wills Registry for Non-Muslims at the Abu Dhabi Judicial Department (ADJD)?
The ADJD provides a mechanism for the registration of Wills for non-Muslim expatriates in the UAE.
The benefits of registering a Will with the ADJD include:
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it offers freedom of testamentary disposition which means that you are allowed to bequeath their assets to whom they wish (subject to the application of the laws of your home country)
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there is no limitation on locality of assets and assets located in any of the seven Emirates and even outside UAE may be protected under the Wills registered with the ADJD
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the registration fees for registering a Will are significantly less than at the DIFC Wills Service Centre (see FAQ below for more details)
9. How much does it cost to prepare and register a Will?
The cost to prepare and register your Will varies depending on the complexity of your Will and whether your Will is registered with the DIFC Wills Service Centre or the ADJD.
Preparation of your Will by Access Legal
The fee will depend on the complexity of your Will. If you require Mirror Wills to be prepared (see FAQ above for details on Mirror Wills) we will prepare the Wills at a discounted price.
Registration of your Will
The registration fees for your Will depends on whether you register your Will at the DIFC Wills Service Centre or the ADJD.
The ADJD is a flat fee regardless of the content of your Will. The registration fees for the DIFC Wills Service Centre varies depending on the type of Will you are registering.
A summary of the different registration fees is set out below.
ADJD: AED950 (plus VAT) per Will*
* If you register your Will at the Abu Dhabi Wills Registry, your Will needs to be translated into Arabic. The fees for translation will be between AED500 to AED1,000 depending on the length of your Will
10. How long does it take to prepare and register a Will?
Once we have received all of the information and documentation we require from you, we will prepare your Will within three working days. We can accelerate this timeline if necessary for an additional fee.
Once you are happy with the Will we will arrange for a legal translation to be prepared (if applicable) and then assist you with the registration of your Will either at the DIFC Wills Service Centre or the ADJD.
11. Are my bank accounts automatically frozen when I die?
Yes. All bank accounts in the UAE are frozen on your death (including any joint bank accounts). Your bank accounts will be frozen until the court has provided an order in relation to the distribution of your assets.
This is a good reason to ensure you have a UAE Will in place. Having a UAE Will does not prevent bank accounts being frozen, but it does make it quicker for your family to gain access to the bank accounts following your death.
13. Is it possible for me to change and/or cancel my Will in the UAE?
Yes. You can change your Will at any time during your lifetime.
You can also revoke any Will you have made at any time in your lifetime.
14. What is probate?
Probate is the legal process through which the court approves how your assets are distributed following your death. If you have a Will in place, the court should interpret the Will and distribute your assets in accordance with your wishes.