Securing Your Legacy: A Complete Guide to Wills in Abu Dhabi
If you’re living in Abu Dhabi and thinking about what happens to your assets after you’re gone, this blog is your go-to guide. Whether you’re a non-Muslim expatriate, a UAE national, or a business owner in the Abu Dhabi Global Market (ADGM), we cover the process of will creation in Abu Dhabi, how it works for different categories, and crucial details you’ll want to know. Keywords covered: Will in Abu Dhabi, Will creation Abu Dhabi, Non-Muslim wills Abu Dhabi, ADGM wills.
Why Wills Matter in Abu Dhabi
Having a valid will ensures your assets go to the people or causes you choose, helps avoid family disputes, and ensures smooth legal processes. In Abu Dhabi, the legal framework allows both Muslims and non-Muslims to create wills — but the rules differ significantly depending on your religion, residency, and where your assets are.
What Types of Wills Are Available in Abu Dhabi
Here is an overview of the main types of wills you can make in Abu Dhabi:
1. Sharia-Based Will (Muslim Will)
If you are a Muslim (resident or national) and your assets are in Abu Dhabi, your will may need to conform with Sharia (Islamic inheritance) rules under personal status law in the Emirate. This type of will handles the distribution of assets according to Islamic prescriptions.
2. Non-Muslim Will (Civil Will for Expats)
Expatriates who are non-Muslim can create a will in Abu Dhabi to dispose of their UAE-based assets. The Emirates of Abu Dhabi allow non-Muslims to register wills (for example, through the foundations set up in the Abu Dhabi Judicial Department or the ADGM). This will is tailored for non-Sharia distribution.
3. ADGM Will (International / Offshore)
If you own assets or have business interests in the ADGM financial free zone, you may use the “ADGM Wills and Probate Registry”. This allows persons (whether Muslim or non-Muslim) to make wills specific to their ADGM-regulated assets under ADGM law. This is particularly useful for cross-border estate planning.
4. Mixed Asset Wills (Multi-Jurisdiction)
Because many residents hold assets both inside and outside the UAE, you may need more than one will (one for UAE assets, another for assets abroad) or a unified plan. Many legal advisers recommend parallel wills: one for UAE/UAE-assets and one for home country or global assets.
Who Can Create a Will in Abu Dhabi
- Residency: You generally must be resident in Abu Dhabi or own assets there. Some institutes allow non-residents for specific zones (like ADGM) under conditions.
- Age: You should be of legal adult age (typically 18+).
- Capacity: You must have mental capacity (sound mind) when making the will.
- Non-Muslims: For non-Muslim wills, you must declare you are non-Muslim or choose to opt-out of Sharia-inheritance for the assets covered by the will.
- Muslims: If you are Muslim, you may still make a will for up to one third of your estate (for “free disposal part”); the remainder is covered under Sharia’s fixed shares.
How to Create a Will in Abu Dhabi
Here’s a step-by-step overview of the process:
- Identify assets: List your Abu Dhabi / UAE assets — property, bank accounts, investments, business interests.
- Decide the route: Depending on religion, asset location and your preference, choose:
- A standard Sharia-based will, or
- A non-Muslim civil will, or
- An ADGM will for free-zone assets.
- Choose a legal adviser/notary: Use a local lawyer registered for wills in Abu Dhabi or if in ADGM, an ADGM-registered practitioner.
- Drafting the will: The drafting includes your details, assets, beneficiaries, executors, special instructions, and signature. Make sure you state clearly if you are non-Muslim and desire non-Sharia distribution.
- Execution: In Abu Dhabi, execution often involves witness signatures, notarisation, and registration with the appropriate registry (Abu Dhabi Judicial Department or ADGM Wills and Probate Registry).
- Registration: The will is registered in the Emirate — this ensures it is kept safe and recognised.
- Review & update: Whenever you acquire new assets, move residence, or your family situation changes, review your will.
- Notify executor/beneficiaries: Let your executor know where the will is stored and your wishes.
Validity: Inside Abu Dhabi, Outside UAE & Beyond
- Within Abu Dhabi: A will properly executed and registered is valid and enforceable in Abu Dhabi.
- Across the UAE: UAE federal and Emirate laws recognise wills in certain contexts, but assets in other Emirates might be subject to their own laws or require additional registration. If your assets are in other Emirates (Dubai, Sharjah etc), you may need to register separate wills or ensure cross-Emirate recognition.
- Outside the UAE: The validity of your Abu Dhabi will for foreign-located assets depends on the home country’s rules. Many countries recognise foreign wills, but you may need to file for probate in that country. If you hold significant overseas assets, you should have a separate will or supplementary will for those jurisdictions.
- ADGM (Free Zone): The ADGM Wills and Probate Registry gives you a will specifically for ADGM-regulated assets. This includes many international aspects, but you may still need normal UAE will for non-ADGM assets.
How to Execute a Will (After Your Passing)
- Locate the will: Family/executor finds the registered will (Abu Dhabi or ADGM registry).
- Obtain death certificate: Local health authority issues the certificate.
- Executor applies: Executor applies to the relevant court/registry (Abu Dhabi Judicial Dept or ADGM) to open the estate.
- Inventory of assets: Court or executor lists the assets located in Abu Dhabi / UAE.
- Distribution: The will’s terms are executed — beneficiaries are identified and assets transferred. For non-Muslim wills, the registry/court oversees. For Sharia-wills, personal status court may correct distribution according to religious law.
- Cross-border assets: For assets outside UAE, executor may need to register the will in foreign court or obtain a Grant of Probate in that jurisdiction.
- Closure: Once assets are distributed and obligations settled, executor provides final accounts to beneficiaries and files closure certificates.
Practical Tips & Best Practices
- Clearly state your religion or opt-out clause for non-Muslims, to avoid ambiguity.
- List digital assets, passwords and safe deposit location (UAE law often still treats these as assets).
- Keep a copy of the will off-site (e.g., upload a secure PDF) but don’t rely on it solely — the registered original is key.
- Consult an adviser if you have mixed assets (UAE + home country + other countries).
- Update the will if you move residence, acquire new property, or change marital status.
- Store registration proof in a vault or with your legal adviser and inform executor.
- Inform beneficiaries/executor of the will’s existence and location (though you don’t have to reveal full contents).
Final Thoughts
Creating a will in Abu Dhabi isn’t just for the wealthy — it’s a critical piece of your financial and personal planning. For expats, non-Muslims, business owners and residents alike, the availability of non-Muslim wills and ADGM wills means you can plan for your assets with clarity and peace of mind.
Start early, act now, and secure your legacy in Abu Dhabi with confidence.
