UAE: Can expats register a will for their assets in both Emirates and home country?

I am an expatriate based in Dubai with assets both in the UAE and back in my home country. How do I go about writing a will? Where do I start? What are the relevant laws?

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage under Article 1 (1) of the Federal Decree Law No. 41 of 2022 on Civil Personal Status.

“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17). of Federal Law No. (5) of 1985 referred to above.”

Furthermore, a non-Muslim may register a will as per his or her choice under Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states, "A legator may leave a will with all his or her assets in the state to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law."

Moreover, the registration of will of non-Muslim individuals may be in accordance with provisions of law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai. This is in accordance with Article 3 and Article 6(a) of the Dubai Wills which reads as below:

Article 3 of the Dubai Wills Law:

“This Law will apply to all wills and estates of non-Muslims in the emirate, including in the Dubai International Financial Centre.”

Article 6(a) of the Dubai Wills Law:

“A register known as the "Register of Wills of non-Muslims" will be created at the Dubai Courts and the DIFC Courts for the purpose of registering wills of non-Muslims.”

In addition, Article 9(1) of the DIFC Wills and Probate Registry Rules provides for the requirements related to registration of non-Muslim wills. A non-Muslim resident of UAE may register his or her will at DIFC in accordance with the DIFC WPR Rules.

Furthermore, DIFC wills may include the movable and immovable assets of the testator located in any part of the world under Article 11 of the DIFC WPR Rules, which states, “A will may give or dispose of immovable and movable property, located in any part of the world, to which the testator is entitled at the time of his death, whether the testator became entitled to it before or after the registration of his will, and shall not govern succession to any other property.”

In Dubai, a non-Muslim individual may register his or her will in Dubai Courts, Dubai International Financial Centre (DIFC) or the respective embassy/consulate of his or her home country based in the UAE if such service is provided. The contents of a will to be registered in Dubai Courts or DIFC may include without limitation the details of the executor(s) and/or beneficiaries of his or her investments, properties, jewellery, movable and immovable properties, shares in entity/ies, bank accounts, credentials/passwords for his or her bank accounts, emails, social media and other matters based in the UAE or outside the UAE.

Based on the aforementioned provisions of law, you may consider registering a will for your estate both in the UAE and home country. This can be done through a Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your home country's Embassy/Consulate (if such registration is provided). However, you may seek advice from an independent legal counsel to further advise you.