Many expatriate residents in the UAE build significant assets during their time in the country, including bank savings, property, vehicles, and business interests. The distribution of those assets after death, and the guardianship of any children under 18, depends on UAE law, which handles inheritance and family matters differently from most other countries.
For non-Muslim residents who have not registered a will locally, several specific risks apply. This article outlines what UAE law and practice provide in the absence of a registered will, and the main considerations for residents planning their estate. Without a will, assets intended to protect the family can become tied up in delay, uncertainty and paperwork.
Risk 1: Restricted access to bank accounts after death, including joint accounts
The first issue families often face is not legal theory, but liquidity. Once a UAE bank is notified of an account holder’s death, access to the deceased person’s account will generally be restricted until the necessary succession documents or court orders are in place.
Joint accounts do not remove the risk. Unlike in some other jurisdictions, a UAE joint account does not automatically pass the deceased holder’s share to the survivor. Under Article 379(4) of the Commercial Transactions Law, the remaining account holders must notify the bank within ten days of the death. Once notified, the bank must restrict withdrawals only up to the deceased holder’s share of the balance. That share cannot be withdrawn until a successor is appointed.
Final salary, end-of-service gratuity and other employment dues follow a separate route from ordinary bank balances. Under Article 15(2) of the UAE Labour Law, an employee may nominate a family member in writing to receive these amounts after death. Article 2 of Ministerial Resolution No. 720 of 2023 gives that nomination practical effect by requiring payment to the nominee within ten days. Without a written nomination, the payment may be drawn into the machinery of succession at the very time the family needs it most.
Risk 2: Distribution in the absence of a will follows statutory rules
The main legislation governing this area is Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, which took effect on 1 February 2023. The law regulates marriage, divorce, child custody, and inheritance for non-Muslim residents, and gives them the option to apply the law of their home country or the civil framework set out in the Decree-Law.
Where a non-Muslim resident dies without a will, the Decree-Law applies a statutory distribution. Under this default, half of the estate is allocated to the surviving spouse and the remainder is divided equally among the children, without distinction based on gender.
This default has two significant issues for residents. First, in practice, the application of the law of a home country usually requires a valid will registered in the UAE or the court’s confirmation of the relevant foreign law of succession, which can be time-consuming and costly. Second, the statutory formula leaves little room for nuance as it divides the estate by fixed rules, not by the family’s circumstances, relationships or intentions. It may also ignore personal instructions such as the allocation of property, company shares or other assets, or provision for beneficiaries outside the default categories. The distribution of assets like real estate, cars and business interests is governed by the statutory scheme, not personal preferences, which can result in joint ownership by multiple heirs.
A further point to note is that UAE succession rules have recently been updated. Since 1 June 2026, Article 17 of the new UAE Civil Transactions Law (Federal Decree-Law No. 25 of 2025), generally points to the law of the country to which the deceased belonged at the time of death, subject to specific rules on wills and UAE immovable property. The estate-planning significance is that if a foreigner has no heir, their financial rights in the UAE are treated as Waqf, a charitable endowment supervised by the competent authority. This is not the usual outcome where heirs exist.
Risk 3: Guardianship of minor children
In the absence of a registered will that names a guardian, decisions about the interim care of minor children fall to the UAE courts. This applies where both parents die or in other circumstances where guardianship would otherwise default to the courts. The result is a period in which authorities make interim arrangements until longer-term decisions are formalized.
A registered UAE will allows parents to appoint guardians in advance. Estate planning in the UAE commonly provides for both a temporary (interim) guardian, who can act immediately, and a permanent guardian for longer-term arrangements, including any relocation of children to family abroad.
Guardianship provisions are a distinct function of a will, separate from the distribution of assets. In that sense, guardianship provisions are more than a legal formality. They create a bridge between the immediate emergency and longer-term stability for the children.
Key consideration: choosing the jurisdiction
The UAE provides more than one route for non-Muslim residents to register a will. The appropriate route depends on factors such as the location of assets, the preferred working language, and the complexity of the estate. Two of the main pathways are:
DIFC Wills (Dubai International Financial Centre)
These wills are based on common-law principles and are prepared and registered in English through the DIFC Wills Service Centre. They contain provisions in respect of asset distribution and guardianship. Dubai Law No. 2 of 2025 addressed the DIFC’s jurisdiction on enforcement of non-Muslim wills registered with it.
ADJD Wills (Abu Dhabi Judicial Department)
The ADJD route offers a will-registration option for non-Muslims, with procedures available through the Abu Dhabi Judicial Department. It can be used for UAE estate-planning purposes and may include asset distribution and guardianship provisions.
Each path has its own procedures and fee structures. Other options, such as notarized wills through Dubai Courts, are also available. The choice of registry and the precise drafting required to meet its formal standards is where legal guidance generally adds value.
Conclusion
A registered UAE will provides documented, court-recognized instructions covering the distribution of assets and the guardianship of minor children. Without one, access to bank funds may be restricted, the deceased holder’s share of a joint account may remain unavailable until succession steps are completed, statutory inheritance rules may apply, and decisions about the interim care of children may fall to the courts.
Kisser Legal’s estate planning team advises clients on the appropriate jurisdiction, drafts wills to the required standard, and oversees the registration process.
Book a consultation with Kisser Legal’s estate planning team.