For British expats and other non-Muslims living in Dubai, careful succession planning is essential. The UAE has made considerable progress in recent years to provide greater certainty, flexibility, and protection for expatriate families, but the position remains quite different from that in the UK. Without a properly structured Will, local laws may apply in ways that do not reflect your wishes.
Charles Richardson, a partner in the firm’s Private Client team, is registered to draft and register DIFC Wills for non-Muslim British expats in the UAE. He advises British and international families on cross-border estate and succession planning, with experience coordinating UK Wills alongside DIFC Wills for clients living in Dubai and the wider UAE.
Why a Dubai-Specific Will Matters
British expats commonly assume that a UK Will is sufficient to deal with their worldwide estate. While this can be true in other scenarios, it can cause difficulty in the UAE in practice as banks and some local authorities commonly require a UAE-recognised Will or a UAE court order before releasing assets. The absence of such documentation can lead to significant delays, frozen accounts, and uncertainty for surviving family members.
Historically, succession planning concerns in the UAE centred on the possible application of Sharia-based inheritance principles, which follow fixed statutory rules rather than the freedom of testamentary choice familiar under English law. These rules can result in allocation of prescribed shares to certain family members, different treatment of male and female heirs and outcomes that do not necessarily reflect the personal wishes specified in a UK Will.
Recent reforms have strengthened the position of non-Muslims in the UAE, including federal legislation allowing non-Muslims to opt out of Sharia-based inheritance rules in their UAE Will. At the same time, the Dubai International Financial Centre (DIFC) has developed a well-established, common-law style Wills and probate framework which is ideally suited to English-speaking British expats and those familiar with English legal principles.
A DIFC Will is written in English and follows the same basic template as an English Will. Importantly it also permits the testator to choose who to leave assets to, without any restriction, which is entirely consistent with the English law concept of testamentary freedom.
Although developments in the UAE reflect a broader trend towards greater legal certainty for international families and high-net-worth individuals, we strongly recommend that any non-Muslim living or owning assets there considers a DIFC Will to ensure that their personal wishes are followed.
What types of assets can a UAE Will cover?
Commonly, a UAE Will covers:
DIFC Wills cover the same but can also extend to cover worldwide assets, including assets in the UK for example. However, clients should obtain jurisdiction-specific advice because recognition and enforcement of a DIFC Will outside the UAE depends on the law of each foreign jurisdiction and may require ancillary probate or mirror Wills.
Guardianship of Minor Children
For British expats with children living in the UAE, guardianship is often the most important reason to have a UAE-recognised Will.
If both parents die and no valid local guardianship appointment is in place, decisions about a child’s care may be made by the local courts leading to uncertainty at an already distressing time. A UAE Will can record a parent’s appointment of temporary and permanent guardians to minor children, and registration through the DIFC framework can strengthen the practical effect of that appointment, subject to any local court processes.
Provided that the correct procedure is followed, this can provide parents with comfort knowing that their children will be looked after at once by the temporary guardian if the worst were to happen. The permanent guardian can then step in to offer the long-term care that the parents have planned.
Even families with UK guardianship arrangements in place should consider a UAE appointment, as UK documents are not always sufficient or immediately effective in the UAE.
Why work with a London-Based DIFC-Registered Will Draftsman?
British expats may assume that they must instruct a UAE-based adviser to prepare a DIFC Will. Drafting and registering a DIFC Will from London is often preferable when overseen by a specialist who understands both jurisdictions.
As a London-based private client partner with DIFC registration, Charles can bridge the gap between UK estate planning and UAE-specific requirements to help ensure that your UK Will and DIFC Will are coordinated and do not conflict, promoting coherence across your global estate.
Clients should be aware that inconsistent Wills in different jurisdictions can cause administration delays and that tax consequences in the UK and elsewhere should be considered with specialist tax advice.
The UAE’s succession framework continues to evolve, and specialist advice ensures that wills are properly drafted, correctly registered and aligned with wider estate and tax planning. For British expats and non-Muslims in Dubai, early tailored advice can provide peace of mind and ensure that your wishes are respected, whatever the future holds.
If you are a British expatriate in Dubai and would like advice about your Will and succession planning, please contact Charles Richardson at charles.richardson@sinclairgibson.com.
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