Creating a will is a crucial step in estate planning, especially for expatriates living in the United Arab Emirates (UAE). However, the legal landscape for wills can vary significantly between emirates, particularly when comparing Dubai and Abu Dhabi. This blog highlights the comparison of wills in Dubai and Abu Dhabi, providing valuable insights for those navigating the complexities of estate planning in these two prominent emirates.

Legal Framework: Dubai vs Abu Dhabi Wills

The UAE operates under a federal system, with each emirate having some autonomy in legal matters. This results in variations in how wills are handled across different emirates. 

Dubai has implemented specific legislation to address the needs of non-Muslim expatriates. The Dubai International Financial Centre (DIFC) Wills and Probate Registry allows non-Muslims to create wills that follow common law principles.

Abu Dhabi has its system for handling wills, which differs from Dubai’s approach. The Abu Dhabi Judicial Department (ADJD) has established a wills registry for both Muslims and non-Muslims.

Types of Wills: Comparison of Wills in Dubai and Abu Dhabi

Types of Wills Recognized in Dubai: Dubai recognizes several types of wills, including DIFC wills, Dubai Courts wills, and notarized wills. The DIFC will is particularly popular among expatriates due to its alignment with international standards.

Types of Wills Recognized in Abu Dhabi: Abu Dhabi recognizes both Sharia-compliant wills and non-Muslim wills. The ADJD wills registry allows for the registration of wills for both Muslims and non-Muslims.

Key Differences in Will Types Between the Two Emirates

The main difference lies in the availability of the DIFC will option in Dubai, which is not available in Abu Dhabi. Abu Dhabi’s system, however, offers more flexibility for Muslim testators.

Jurisdiction and Courts:

In Dubai, the DIFC Courts handle matters related to DIFC wills, while Dubai Courts deal with other types of wills. The Abu Dhabi Judicial Department oversees all matters related to wills in Abu Dhabi, including registration and execution. The procedural aspects differ significantly, with Dubai offering a more specialized system through the DIFC, while Abu Dhabi provides a unified approach through the ADJD.

Registration Process: 

• Step-by-Step Process for Registering a Will in Dubai: Registration in Dubai varies depending on the type of will. DIFC wills require registration at the DIFC Wills Service Centre, while other wills may be registered with Dubai Courts or notarized.
• Step-by-Step Process for Registering a Will in Abu Dhabi: In Abu Dhabi, wills are registered through the ADJD’s wills registry. The process involves submitting the will, required documents, and paying the registration fee.

Fees and Costs

Costs in Dubai can vary widely, with DIFC wills generally being more expensive due to their specialized nature. Notarization and court registration fees also apply for other types of wills.

Costs Associated with Creating and Registering a Will

Abu Dhabi’s fees are generally more standardized, with a set fee for will registration through the ADJD. Additional costs may include translation and legal consultation fees.

Execution

• Dubai:The execution process in Dubai depends on the type of will. DIFC wills are executed through the DIFC Courts, while other wills follow the Dubai Courts’ procedures. 
• Abu Dhabi: In Abu Dhabi, the ADJD oversees the execution of all registered wills, following a standardized process for both Muslim and non-Muslim wills.

Inheritance and Distribution 

• Dubai: Dubai’s DIFC wills allow for greater flexibility in asset distribution, particularly for non-Muslims. However, assets outside the DIFC may still be subject to Sharia law. 
• Abu Dhabi: Abu Dhabi’s system allows for some flexibility in distribution for non-Muslims, but generally adheres more closely to Sharia principles.

Sharia Law’s Influence on the Distribution of Assets

While both emirates allow for alternatives to strict Sharia distribution, Abu Dhabi’s system is generally more influenced by Sharia principles than Dubai’s DIFC option.

Conclusion:

The comparison of wills in Dubai and Abu Dhabi reveals significant differences in legal frameworks, registration processes, and execution. Understanding these differences is crucial for anyone considering creating a will in the UAE. Given the complexities and potential legal implications, it is highly recommended to seek professional legal advice when creating a will in either Dubai or Abu Dhabi. This ensures that your will complies with local laws and effectively protects your assets and beneficiaries.

Frequently Asked Questions

1. Can I use a Dubai will in Abu Dhabi?

A Dubai will is not automatically valid in Abu Dhabi; you would need to register a separate will in Abu Dhabi for assets located there.

2. Are DIFC wills recognized in Abu Dhabi?

DIFC wills are generally not recognized in Abu Dhabi, as the DIFC will system is specific to Dubai.

3. How do inheritance laws differ for Muslims and non-Muslims in Dubai and Abu Dhabi?

In both Dubai and Abu Dhabi, non-Muslims have more flexibility in asset distribution, while Muslims are generally subject to Sharia inheritance laws, with Dubai’s DIFC wills offering the most flexibility for non-Muslims.

4. Can I include overseas assets in my UAE will?

Yes, you can include overseas assets in your UAE will, but it’s advisable to consult with legal experts to ensure proper handling of international assets.

5. How often should I review and update my will in the UAE?

It’s recommended to review and update your UAE will every 3-5 years or after any significant life changes such as marriage, divorce, birth of children, or acquisition of major assets.