The United Arab Emirates is home to a large expatriate population, many of whom live, work, and raise families in the country. While the UAE offers a safe and modern environment to call home, it’s vital for expatriates to understand how local laws may impact their loved ones,particularly in the event of death. Two key areas that often require careful attention are wills and guardianship arrangements.
Family Law in the UAE: A Dual Legal Framework
The UAE operates under a dual legal system that incorporates both Sharia law and civil law. When it comes to personal matters such as inheritance, wills, and guardianship, Sharia principles can apply, particularly in the absence of a registered will or other formal arrangements.
This can result in outcomes that differ significantly from what many expatriates might expect based on the legal systems in their home countries. For example, under Sharia law, assets are distributed among family members in pre-determined shares, and guardianship of children is typically granted to the closest male relative on the father’s side regardless of the mother’s wishes.
The Importance of a Registered Will
To avoid unwanted complications and ensure your assets and family are protected according to your wishes, it’s strongly recommended that expatriates register a will in the UAE. There are two primary routes:
- DIFC Wills Service – Based in the Dubai International Financial Centre, this service is tailored to non-Muslim expatriates. It allows you to clearly outline how your assets should be distributed and nominate guardians for minor children. The will is registered in English, and the service is recognized by local courts.
- Abu Dhabi Judicial Department (ADJD) – Similar to the DIFC, the ADJD provides an option for non-Muslims to register a will in both English and Arabic. It can cover assets across all emirates and includes guardianship clauses.
Having a legally valid and registered will in place provides clarity, reduces family disputes, and gives peace of mind that your estate will be handled according to your intentions.
Guardianship Arrangements: Who Will Look After Your Children?
For parents, the question of guardianship is often the most emotionally charged aspect of estate planning. In the absence of a registered will, UAE courts may appoint a guardian based on Sharia principles, which may not reflect your personal or cultural expectations.
A registered will allows you to nominate:
- Temporary guardians, who can take immediate custody of your children while long-term arrangements are finalized.
- Permanent guardians, typically a family member or close friend, who would care for your children in the long term.
Courts still have the final say, but a registered will offers a strong legal indication of your wishes and is likely to be upheld if it serves the best interests of the child.
Practical Next Steps
If you’re living in the UAE and have dependents or assets here, now is the time to take action:
- Speak with a qualified legal professional who understands both local and expatriate concerns.
- Review your existing estate plan and update it to reflect any changes in your family, residency status, or assets.
- Consider life insurance and financial protection plans to support your family in your absence.
Final Thoughts
While no one likes to dwell on the worst-case scenario, being proactive about wills and guardianship is one of the most important things you can do as a parent and partner. By planning ahead, you protect your loved ones from uncertainty and ensure your legacy is preserved in the way you intended.
If you would like guidance on putting the right structures in place from registered wills to guardianship nominations and financial protection please don’t hesitate to get in touch.
