For expatriates living in the United Arab Emirates, estate planning often involves more than simply writing a Will in their home country. Many individuals have financial interests in more than one location, and without the right legal arrangements, their estate may not be distributed as intended. This can lead to delays, uncertainty, and avoidable complications during what is already a sensitive time.
To avoid these challenges, it is important to draft a cross border Will that is recognised in the UAE and aligns with your broader estate planning goals. In this blog, we explore what a cross border Will involves, the UAE rules that apply, and how to ensure your intentions are legally protected.
Why a Foreign Will Might Not Be Enough
If you already have a Will from your country of origin, you might assume that it covers all your assets. However, the UAE has its own legal framework that applies to assets located within its borders. Without local arrangements in place, your estate may be subject to default provisions that do not reflect your personal preferences.
This is particularly relevant for non-Muslim expatriates, who may not wish for local inheritance rules to determine how their property, bank accounts or investments are distributed. Creating a Will that is either registered within the UAE or constructed to be valid under UAE law helps ensure that your wishes are respected.
Legal Options Available for Expats
There are currently two widely used options for residents of the UAE who want to formalise their estate planning:
DIFC Wills and Probate Registry
The Dubai International Financial Centre provides a dedicated Will registry designed for non Muslim residents. It follows principles based on English common law and allows individuals to specify how their UAE based and international assets should be distributed.
Benefits include:
- English language documentation
- The ability to include guardianship wishes
- Clear procedures for probate and asset transfer
- Recognition of property, financial and business assets
Abu Dhabi Judicial Department Wills
This alternative provides similar protections and allows expatriates to register Wills that specify the application of foreign law to their estate. It is increasingly being used by residents living outside Dubai who want to ensure their arrangements are enforceable in the capital and throughout the wider UAE.
How to Structure a Cross Border Will
If you have assets in more than one country, you may need to consider separate Wills for each jurisdiction. This can help ensure that local legal requirements are met and can reduce delays or legal conflicts during probate.
That said, it is essential that these documents are carefully drafted so they do not contradict or revoke each other. This requires close coordination between legal professionals familiar with international estate planning.
Key elements to include:
- A clear statement of which law should apply to your estate
- An inventory of assets and their location
- Details of your beneficiaries and their relationship to you
- Executor instructions for each jurisdiction
- Guardian appointments if you have children
Common Mistakes to Avoid
When planning your estate across jurisdictions, avoid these common errors:
- Relying on a Will from your home country without registering it in the UAE
- Not updating your Will after acquiring property or assets in the region
- Omitting overseas assets in your UAE Will
- Forgetting to align your beneficiary designations on financial accounts
- Not specifying which legal system should apply to your estate
These mistakes can lead to delays in probate, unintended distributions, or even legal disputes among family members.
Final Thoughts
Whether you are new to the UAE or reviewing an existing Will, taking the time to update your arrangements could make a lasting difference. To explore your options or discuss estate planning in the UAE, speak with a qualified adviser who understands the international landscape and the requirements here in the Emirates.
At Blacktower Financial Management, we support our clients in building estate strategies that are practical, flexible and aligned with their long term goals and where appropriate can introduce you to experienced professionals where specialist legal drafting is required.
Disclaimer: Blacktower Financial Management (DIFC) Limited is regulated by the Dubai Financial Services Authority (DFSA). This blog is for general information purposes only and does not constitute legal, tax, or financial advice. You should seek independent advice from qualified professionals before making any decisions based on its contents.
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