Episodios

  • Updating or Amending Your Will in the UAE
    Dec 3 2025

    Life circumstances change, and your Will may need to be updated. How you do this depends on where the Will is registered:


    DIFC Will




    • Can be amended at any time for a small fee of AED 575 per amendment.



    • Allows flexibility to adjust assets, beneficiaries, or other clauses without revoking the entire Will.




    Mainland Courts (ADJD & Dubai Courts)




    • Direct amendments are not allowed.



    • To update, you must revoke the existing Will and register a new Will.



    • It is recommended to include a clause in the new Will stating that all previous Wills are revoked for clarity.




    Summary: DIFC offers more convenience and flexibility, while mainland courts require full re-registration for any updates.


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  • What You Need to Register a Will in the UAE
    Dec 2 2025

    Preparing a Will in the UAE is a straightforward process, whether you choose DIFC, ADJD, or Dubai Courts. The key is gathering the correct documents before registration. Here’s what you need:

    1. Identification for All Individuals Named in the Will

    You must provide ID for every person mentioned in the Will, including:




    • Emirates ID



    • Passport



    • Residence visa



    If someone doesn’t have an Emirates ID, a passport copy is sufficient. All documents must be clear scanned copies with all four corners visible. These can be emailed—no in-person meeting is required at this stage.


    2. Current Residential Address

    The testator must provide their full residential address in a single line.


    This appears in the Will and becomes part of the official court record.


    3. Asset Information (Only If Distribution Is Not Generic)

    Most people prefer generic distribution, such as:




    • All assets to the spouse



    • If the spouse has passed, assets shared equally among children



    For these generic clauses, no asset list is required.


    However, if certain assets must go to a specific beneficiary, detailed asset information must be provided.


    Example: If a property should pass directly to a child rather than first to the spouse, full property details are needed so the Will can specify this with backup beneficiaries.


    4. Remote or In-Person Options

    All documentation can be submitted by email.


    Clear scanned copies are sufficient—no physical documents or in-person checks are required during the drafting phase.


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  • When to Use a Power of Attorney in the UAE
    Dec 1 2025

    A Power of Attorney (POA) is often confused with a Will, but the two serve entirely different purposes.

    POA vs. Will

    A POA is valid only during the lifetime of both the person granting it and the person receiving it.


    If either party passes away, the POA becomes immediately invalid. At that point, the Will takes over for probate and asset distribution.

    This means a POA cannot be used for post-death matters and does not replace a Will in any way.


    When a POA Is Useful

    In the UAE, a POA is commonly used when someone is:




    • Travelling



    • Hospitalized or unable to move



    • Facing temporary or permanent mental incapacity



    • Needing assistance with a specific transaction (e.g., property transfer, business setup, bank matters)



    Once registered with the court, the appointed representative can act on behalf of the grantor strictly within the powers authorized.

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  • Assets Covered by a Will in the UAE
    Nov 30 2025

    A UAE Will can cover a wide range of assets, giving individuals full control over how their estate is distributed and ensuring a smooth probate process. Wills are typically drafted broadly so that both current and future assets are included without requiring frequent updates.



    Common Assets Included in a UAE Will


    In the UAE, the assets most commonly covered include:





    • Real estate properties – Often the primary asset for expatriates and investors, including freehold and leasehold properties.



    • Bank accounts – Both personal and corporate accounts across any UAE bank.



    • Company shares or business ownership – Including shares in mainland companies, free zone entities, and offshore structures.



    • Investments and securities – Such as brokerage accounts, bonds, mutual funds, and other financial instruments.



    • End-of-service benefits (gratuity) – A significant asset for employees that forms part of the estate upon death.





    A properly drafted and registered UAE Will ensures that all these assets are transferred according to the testator’s wishes, providing certainty and protection for beneficiaries.


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  • When to Use a Power of Attorney in the UAE
    Nov 29 2025

    A Power of Attorney (POA) is one of the most useful legal tools in the UAE, but it is often misunderstood. A POA does not replace a Will, and the two documents serve completely different purposes.



    POA vs. Will


    A Power of Attorney is valid only during the lifetime of both:





    • the grantor (the person giving authority), and



    • the attorney/agent (the person receiving authority).




    If either party dies, the POA becomes automatically void.



    A Will, on the other hand, takes effect only after death, governing the distribution of assets and guardianship arrangements and guiding the probate process.



    Key point:


    A POA cannot be used to distribute assets or manage affairs after death. Only a Will can do that.




    When a POA Is Useful in the UAE


    POAs are widely used by residents and non-residents for situations where someone needs to act on their behalf. Common scenarios include:





    • Travel: Allowing a representative to manage property, banking, or legal matters while abroad.



    • Medical situations: When someone is hospitalized or physically unable to attend appointments or manage affairs.



    • Mental incapacity: A POA can authorize a trusted person to act if the grantor becomes temporarily or permanently incapacitated.



    • Specific transactions: Real estate sales, company setup, bank dealings, vehicle transfers, and court appearances often rely on a POA.




    Once notarized and registered with the relevant UAE court or notary public, the appointed agent can act strictly within the scope of powers granted.




    A POA is therefore a living-authority tool, while a Will is a post-death planning tool. Both are essential, but each serves a distinct and non-overlapping role in UAE estate and personal planning.


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  • Using a Foreign Will in the UAE: What You Need to Know
    Nov 28 2025

    You can absolutely keep your home-country Will valid while living in the UAE. In fact, many expatriates maintain a foreign Will for overseas assets while using a UAE Will for local property and guardianship. There are two recognized methods to ensure your foreign Will remains legally effective:

    1. DIFC Will Covering Foreign Assets

    A DIFC Will can include assets located outside the UAE, provided the foreign jurisdiction accepts a DIFC-issued probate order. Because the DIFC operates under a common-law framework, it aligns naturally with countries such as:




    • United Kingdom



    • United States



    • Singapore



    • India



    • Australia



    How it works:




    • You register a Will in the DIFC that includes foreign assets.



    • When you pass away, DIFC probate is initiated.



    • The DIFC Court issues an execution approval or probate order specific to the foreign jurisdiction.



    • That document is then used to commence local probate in the relevant country.



    This makes DIFC the most seamless option for individuals with cross-border estates.


    2. Embassy or Consulate Attestation

    Many embassies in the UAE allow expatriates to sign and attest a home-country Will before a consular officer.


    Once attested, the Will is fully valid for use in the home country’s legal system.

    Examples:




    • Indian nationals typically use IVS Global (outsourced by the Indian Embassy/Consulate) to notarize and register their Wills.



    • Other embassies offer similar attestation services depending on their national procedures.



    This option is ideal if you prefer to keep your Will strictly governed by your home country’s laws.


    Key Point

    Both approaches ensure that UAE residents can secure their non-UAE assets while living abroad.


    The choice depends on whether you want a UAE-based Will with international reach (DIFC) or to maintain a locally recognized Will in your home country (embassy attestation).

    Either way, your foreign assets remain protected and legally transmissible according to your intentions.

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  • Who Can Register a Will in the UAE?
    Nov 27 2025

    The UAE allows a broad range of individuals to register a Will, provided they meet certain basic legal criteria. To register a Will, a person must be:



    • At least 21 years old,



    • Of sound mind, and



    • Acting voluntarily and without undue influence.



    Beyond these core requirements, eligibility depends on residency status and asset location.


    1. UAE Residents

    Anyone holding a UAE residence visa—regardless of nationality or religion—may register a Will in any of the recognized jurisdictions:




    • ADJD (Abu Dhabi Judicial Department)



    • Dubai Courts



    • DIFC Wills Service Centre



    Residents commonly register Wills to cover local real estate, bank accounts, investments, business shares, and guardianship of minor children.


    2. Non-Residents With UAE Assets

    Non-residents who own assets in the UAE—such as property, bank accounts, or investments—may also register a Will.


    DIFC is the most common choice for non-residents because:



    • The process is entirely online,



    • Wills are drafted and probated in English, and



    • One Will can cover assets in multiple countries.



    3. Muslims and Non-Muslims

    Historically, Muslim expats faced restrictions, but since mid-2021, ADJD and Dubai Courts allow Muslim expatriates to register Wills.


    This is a significant development, as it enables Muslims to opt out of default Sharia inheritance rules.

    Non-Muslims have always been able to register Wills across all jurisdictions.


    4. Married Couples and Parents

    Couples may register:




    • Mirror Wills (two separate Wills with reciprocal terms), or



    • A joint Will (allowed in DIFC).



    Parents can also appoint temporary and permanent guardians for children under 21—one of the most important reasons expatriate families register a Will in the UAE.


    Summary

    You can register a Will in the UAE if you:




    • Are 21+,



    • Have full mental capacity, and



    • Either reside in the UAE or hold assets in the UAE.



    The system is designed to give both residents and non-residents full control over how their assets and family arrangements are handled, ensuring clarity and protection in a jurisdiction where the default rules may not reflect one’s wishes.

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  • UAE Will Requirements: What You Need to Register
    Nov 26 2025

    Registering a Will in the UAE is a straightforward process, but several essential requirements must be met. The testator must be at least 21 years old, be of sound mind, and must act voluntarily, free from pressure or undue influence.

    UAE Wills are typically drafted in broad, comprehensive terms to cover both existing assets and any future assets acquired after the Will is signed. This ensures that newly purchased property, bank accounts, or investments are automatically included without needing frequent amendments.


    What a Standard UAE Will Includes

    A typical Will contains three core components:




    • Executor Clause – appoints the individual(s) responsible for managing the estate.



    • Beneficiary Clause – specifies who will inherit the estate and in what proportions.



    • Guardianship Clause – names permanent and temporary guardians for children under 21.



    Backup or substitute appointments are normally included to ensure the Will remains valid even if an executor, guardian, or beneficiary passes away before the testator.


    Confidentiality and Registration

    Once registered with ADJD, Dubai Courts, or DIFC, the Will becomes a private document, and court records are not publicly accessible.


    DIFC Wills—while more expensive—offer key advantages:




    • entirely English-language drafting,



    • common-law procedures, and



    • a more streamlined and predictable probate process.




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