ADGM Wills in 2026: A Hybrid Succession Framework

ADGM wills in 2026 operate through a hybrid legal structure that combines common law principles with local UAE probate and enforcement mechanisms.

This dual nature makes ADGM wills particularly attractive to non-Muslim expatriates seeking international legal familiarity while ensuring enforceability within the UAE’s local court system.

Understanding the Hybrid Nature of ADGM Wills

ADGM wills are drafted and registered under the common law framework of the Abu Dhabi Global Market. They follow internationally familiar concepts such as testamentary freedom, executor authority, and structured succession planning.

However, unlike DIFC wills, probate and enforcement do not remain entirely within the free-zone court system.

Instead, ADGM wills rely on the Abu Dhabi Judicial Department for probate and execution. This creates a deliberate and functional bridge between common law planning and local judicial infrastructure.

The ADGM Role: Common Law Planning and Registration

At the ADGM level, the will benefits from:

• Common law–based drafting principles
• English-language documentation
• Testamentary freedom for non-Muslims
• Clear executor and guardianship appointments
• Registration through the ADGM Courts’ Notary Public and Wills Office

This framework provides legal certainty for international families who are familiar with common law succession systems.

The ADJD Role: Probate and Enforcement

While the will is registered through ADGM, probate is conducted through the Abu Dhabi Judicial Department.

In practical terms, this means:

• Executors apply to the ADJD Courts for probate
• The ADJD issues the authority required to administer the estate
• Banks, developers, registries, and authorities rely on ADJD probate orders for enforcement

The ADJD therefore acts as the operational gateway through which ADGM wills are implemented on the ground.

Why Probate Is Not Handled by ADGM Courts

This structure is intentional.

The ADGM Notary Public registers and authenticates wills, but it does not issue grants of probate. Probate falls within the jurisdiction of the UAE’s local judicial authorities, ensuring that succession outcomes are aligned with national enforcement mechanisms.

As a result, ADGM wills achieve enforceability not by isolation, but by integration into the UAE court system.

Practical Implications for Families and Executors

This hybrid structure has important consequences:

• Drafting must anticipate ADJD probate requirements, not just ADGM registration standards
• Language, structure, and clarity are critical to smooth enforcement
• Executors must understand both common law concepts and local procedural expectations
• Poor coordination may lead to delays, additional filings, or clarification requests

When planned correctly, however, the system offers predictability with local legitimacy.

Advantages of the Hybrid ADGM–ADJD Model

For many expatriates, this model offers the best of both worlds:

• Familiar common law succession planning
• Clear guardianship arrangements
• Recognition within the UAE’s local enforcement system
• Reduced risk of jurisdictional disputes

This makes ADGM wills particularly suitable for internationally mobile families with UAE-based assets.

Limitations to Be Aware Of

The hybrid structure also requires care:

• It is not a purely free-zone probate process
• Local procedural compliance remains essential
• Coordination with foreign wills is still required
• Professional drafting is critical to avoid enforcement friction

An ADGM will should therefore be viewed as part of an integrated succession strategy, not a standalone document.

Final Thoughts on ADGM Wills in 2026

ADGM wills in 2026 represent a hybrid succession solution that combines common law certainty with the practical enforceability of the UAE’s local court system.

By uniting ADGM registration with ADJD probate, this framework offers a balanced and effective approach for non-Muslim expatriates. When structured correctly, it provides clarity, legitimacy, and enforceability across jurisdictions.

Understanding and planning for both sides of this structure is essential to ensuring that the will works as intended.

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Disclaimer

This publication is provided for general information purposes only and does not constitute legal advice. Specific advice should always be obtained based on individual circumstances, family structure, and asset profile.