Ask the expert: do I need a new will in the UAE?

As a non-Muslim expat, I’m worried about what would happen if I died here and whether I need to have a new will. The facts are: Our UAE home is mortgaged in my name and there is significant equity in the property. The bank account into which my salary is – and life cover would be – paid is also in my name.

The UAE law has long recognised notarised wills of non-Muslims. Article 17(1) of the UAE Civil Code no 5 of 1985 provides that: ‘Inheritance shall be governed by the Law of the deceased at the time of his death’. However, article 242 of the Personal Status Law provides: ‘If the will is coupled with a condition contrary to the Islamic intents or the provisions hereof, the condition shall be void while the will will be valid.’ This has, in rare cases in the past, led to property being distributed by local courts of first instance in a manner inconsistent with the wishes of the deceased, and can lead to assets located in the UAE being frozen, and lead to protracted litigation.

For those concerned about having their will dealt with in UAE courts, there is now another option. Resolution 4 of 2014 provides for the establishment of the DIFC Wills and Probate Registry (for non-Muslims). Individuals need to hire a lawyer to get a will drafted. The cost of registering a non-Muslim will in the DIFC is Dh10,000 (Dh15,000 for a couple), compared to Dh2,000 in the UAE Courts. Registration of a valid will with the DIFC Registry will ensure the direct distribution of Dubai-based assets in accordance with the registered will.