BEST WILL IN THE UAE – DIFC OR ADJD?

Introduction to the Best Will in the UAE

The best will in the UAE depends on the personal circumstances of the testator and the nature and location of their assets. In practice, most clients choose between DIFC and ADJD wills. This publication focuses on the key differences between these two frameworks.

In a country as diverse as the UAE, estate planning is a critical consideration for residents and expatriates alike. With a significant non-Muslim population, the UAE has developed specialised legal frameworks to accommodate different inheritance preferences. The two most prominent options for non-Muslim residents are DIFC Wills and ADJD Wills.

While both frameworks aim to provide legal certainty, they operate under different jurisdictions and legal systems. DIFC Wills are based on common law principles, while ADJD Wills operate under the UAE federal civil law framework.

This publication provides a structured comparison of DIFC and ADJD wills, covering jurisdiction, applicable law, asset coverage and probate procedures.

Can You Have a Will in Dubai?

Yes. Both Muslims and non-Muslims can register wills in Dubai.

Non-Muslims may register a will either:

• At the DIFC Courts Wills Service Centre
• Through Dubai Courts Notary Public

Muslims are limited to registration Through Dubai Courts Notary Public.

Both routes are legally recognised in Dubai and cater to different preferences in terms of language, court system and process.

What Is the Difference Between a DIFC Will and a Dubai Courts Will?

Language and Process

A DIFC Will is drafted, registered and administered in English before the DIFC Wills and Probate Registry. A Dubai Courts Will is executed in Arabic, or bilingually with Arabic prevailing, and follows the traditional civil-law notarial process.

Register

DIFC Wills allow the registration of letters of wishes and updated asset schedules, which significantly streamlines probate.

Practical Effect

For non-Muslim testators seeking predictability and a common-law probate process, the DIFC is generally the preferred forum. The Dubai Notary route remains available but is no longer the primary choice for non-Muslim estate planning.

Can You Have a Will in Abu Dhabi?

In Abu Dhabi, non-Muslims can register wills with either ADGM or ADJD, while Muslims may only register wills with ADJD.

Jurisdiction and Applicable Law

DIFC Wills

DIFC Wills are registered and executed under the Dubai International Financial Centre Courts, which apply common law principles based on English law. They allow non-Muslims to distribute assets freely without Sharia constraints.

DIFC Wills can cover assets in the UAE and worldwide.

ADJD Wills

ADJD Wills fall under the Abu Dhabi Judicial Department and operate within the UAE federal civil law system. They are valid for assets across Abu Dhabi and the other emirates.

Non-Muslims may elect to apply their home country’s inheritance laws or the provisions of Federal Law No. 41 of 2022. Muslims remain subject to Sharia inheritance principles.

Who Can Use Them

DIFC Wills

DIFC Wills are available exclusively to non-Muslims and offer maximum flexibility in estate planning.

ADJD Wills

ADJD Wills are available to both Muslims and non-Muslims. Non-Muslims may opt out of Sharia inheritance rules if expressly stated.

Process and Formalities

DIFC Wills

DIFC Wills are registered electronically through the DIFC Wills Service Centre. Different will types are available, including full wills, guardianship wills, property wills, financial assets wills and business owners wills.

ADJD Wills

ADJD Wills are registered with the Abu Dhabi Judicial Department and may be completed in person or through authorised representatives.

Asset Coverage

DIFC Wills

DIFC Wills may cover real estate, financial assets, personal belongings, business shares and guardianship appointments.

ADJD Wills

ADJD Wills may cover assets across all seven emirates, including immovable and movable property, bank accounts and company shares.

Legal Proceedings and Probate

DIFC Wills

Probate is conducted through the DIFC Courts under a common-law system, typically resulting in a faster and more predictable process.

ADJD Wills

Probate is conducted through the Abu Dhabi judicial system. Sharia law applies automatically to Muslim estates.

Are Foreign Wills Valid in the UAE?

Foreign wills may be recognised, subject to notarisation, legalisation, embassy attestation and certified Arabic translation.

Minimum Requirements for a Will

Summary of Key Differences

This comparison allows residents and expatriates to choose the most suitable estate planning route based on personal circumstances and asset location.

The information provided is for general guidance only and does not constitute legal advice.