I am a non-Muslim Indian citizen residing in Dubai. Given the current geopolitical uncertainties, I would like to secure my estate through a Will. What happens if I don’t have one, what is the process to create one, and what cross-border issues should I consider?
—Name withheld on request
The UAE has, in recent years, moved to bring much-needed clarity to how expatriate estates are handled. Federal Decree-Law No. 51 of 2024 and Personal Status Law No. 41 of 2024 have reshaped the succession landscape, particularly for non-Muslim residents.
If a non-Muslim expatriate dies intestate but leaves behind family, the law now provides a straightforward default: the spouse receives 50% of the estate, with the balance divided equally among children, without gender distinction. In the absence of children, the estate passes to parents and then to siblings.
This is a clear departure from traditional Sharia-based ratios and reflects a more modern, internationally aligned approach.
Equally significant is how the law now deals with “heirless” estates. Rather than being tied up indefinitely, UAE-based assets — including real estate and business interests — may be transferred to regulated charitable endowments.
Why a Will matters
For Indian expats in the UAE, putting a Will in place is less about formality and more about control.
The alternatives are well-established: DIFC, ADGM, or onshore courts such as Dubai Courts and the Abu Dhabi Judicial Department. But the choice is not merely administrative.
DIFC and ADGM operate on common law principles and in English, making them more accessible for most expatriates and better suited for structured estate planning. Onshore courts, by contrast, are rooted in civil law processes and Arabic documentation — entirely workable, but more procedural in practice.
Registration costs also vary significantly, with ADJD typically being cheaper than DIFC, with DIFC being the costliest (beginning around the ~ AED 10,000 – 15,000 range).
Cross-border risks
Where this choice becomes critical is in cross-border estates.
DIFC and ADGM Wills can, in certain cases, be structured to cover worldwide assets. Even then, jurisdictional boundaries remain unavoidable. While a UAE Will may clearly record testamentary intent, its enforceability outside the UAE will always be subject to local law.
On the other hand, an India-registered Will does not, by itself, secure assets situated in the UAE. Relying solely on an Indian Will may require probate in India followed by recognition proceedings before UAE courts—an approach that can be procedurally complex and uncertain under UAE civil law.
Accordingly, maintaining separate, country specific Wills is advisable to avoid conflicts or delays.
Rohit Jain is a managing partner and Keshav Singhania , head of private client at Singhania & Co.