If you are going to live in the Emirates, it is necessary to think about estate issues before your arrive and have a will drawn up. In the absence of this document and in the event of your death, the rules applied will be those of the Emirates, which may not necessarily be what you want. The inheritance law in the Emirates is based on Sharia Law. If you are a non-Muslim, foreign resident, this could cause problems for your heirs.

The registration of a will registered in Dubai with the DIFC is advisable in the following two cases:

• You are not a Muslim and / or you were not born a Muslim;
• You have assets located in the United Arab Emirates, real estate, bank account, securities account, car, boat, etc., whether you are a resident or a non-resident of the Emirates;
• You have children under 21 years old who live in Dubai.

You can also register your will with the Dubai Court (Notary Public), particularly if you do not have real estate.

If you have not registered a will with the DIFC, in the event of your death:

• Sharia will apply to the distribution of your estate in the Emirates and therefore for the distribution of your assets. In addition to the duration and cost of the procedure (up to several years in the event of litigation with the heirs, all assets being frozen during the time of a judge’s decision), a distribution according to Sharia rules may not suit the wishes of the deceased or their heirs (the surviving spouse has 1 / 8th, the boys have twice the shares of the girls, the parents/ extended family can claim part of the inheritance, etc.).
• Children less than 21 years old could be entrusted to a family member different from the one desired (only men have parental authority according to Sharia) or, in extreme cases, placed under the protection of Dubai Municipality services while a Dubai judge appoints a caretaker.

If you are married, it is possible to register a “mirror will” which will transfer your assets from one spouse to the other and vice versa.

If you are resident in the Emirates and have assets in the European Union, we also advise you to register a will in the country of your nationality (France, Belgium, Switzerland, etc.), in order to avoid application of local law for your assets located in Europe. Indeed, since August 17, 2015, the one and only criterion used to determine the law applicable to the succession of nationals of the European Union, is that of the deceased’s usual residence.