Dubai & DIFC / Wills and succession
Which succession regime governs an estate is the question everything else follows from. It is not answered by where the person lived, and a will that does not engage the right regime may not do what its author expected.
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Succession planning in Dubai fails in a predictable way. A document is prepared, it is described as a will, and nobody establishes which regime it is supposed to operate under or whether the assets it names are actually within that regime's reach. The result is discovered by the family at the worst possible time.
Three questions come before drafting. Which succession regime applies to this person and this estate. Which assets does the chosen instrument actually cover, because coverage is defined by the regime rather than by what the document claims. And what formalities does that regime require, including registration where registration is what gives the instrument its effect.
Asset type matters as much as asset location. Real property, shares in a company, bank accounts and personal effects can each be treated differently, and an estate that looks simple often turns out to need more than one instrument. Appointing executors and, where there are children, recording guardianship wishes are separate decisions again, each with their own requirements.
What arises in practice
The questions that decide whether an estate plan will work as intended.
The threshold question, decided before any document is drafted.
Coverage is set by the regime, not by what the document asserts about itself.
Immovable property frequently has its own treatment, separate from the rest of an estate.
Business interests and accounts often need specific provision rather than a general gift.
Who administers the estate, what authority they need and what that requires in practice.
Recording intentions for children, and understanding what effect that record has.
The formal steps that give an instrument effect, where the regime requires them.
Forum, evidence and the grounds on which a will is challenged.
Where you might be right now
Establish which regime the document was made under and what that regime reaches. A will valid where it was made does not automatically govern assets elsewhere.
These can fall under different treatment. An estate of mixed asset types often needs more than one instrument, coordinated so that they do not contradict each other.
What instruments exist, what regime governs the estate and what authority is needed to deal with each asset. The document checklist comes before any application.
The forum, the available grounds and the evidence that would be needed are assessed together, because a challenge is only worth bringing if all three line up.
Sources
Dubai Law No. 15 of 2017 on inheritance, wills and probate for non-Muslims, the DIFC Wills and Probate Registry Rules effective 30 June 2019, Part 57 of the Rules of the DIFC Courts, and the Dispute Resolution Authority practice directions that introduced the Business Owners Will and the Financial Assets Will. Read these alongside the current Wills Service FAQ, checked on 6 October 2026.
The Wills Service is for eligible non-Muslims. Its current FAQ describes UAE asset coverage, with different limits for Full, Property, Business Owners and Financial Assets Wills. Check the chosen will type, each asset and the separate guardianship conditions before drafting. Registration does not remove the need for probate and implementation after death.
Rules and practice directions are revised. Confirm the current text and the applicable practice directions before relying on any of this, and take advice on the particular estate.
The framework
The Dubai law on inheritance, wills and probate for non-Muslims, under which the Wills Service and the Registry operate.
Issued under Dispute Resolution Authority Order No. 1 of 2015 and supplemented by practice directions.
Registration of wills at the Registry, the Will Register, case file numbers and the Registrar's role.
Introduced the Business Owners Will and the Financial Assets Will, renamed the Registry, and extended shareholding nominations to companies in Dubai or Ras Al Khaimah.
A closer look at the matter
Planning a will, registering it, obtaining a grant and challenging its validity are different tasks. The asset map and applicable wills framework should be settled before choosing the document or proceeding.
Registration service
Registration within the service's eligibility and asset/guardianship rules. Registration during life and probate following death are different processes.
Estate-administration route
Part 55 and the applicable wills framework govern the grant, administration and contested issues.
Check eligibility, assets and existing documents
Prepare and register the appropriate will, or assess probate
Obtain the necessary grant and implement it against the actual assets
These are hypothetical situations, not accounts of the firm's cases or promises of an outcome. The linked guides explain related issues in more detail.
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Consulted on 6 October 2026. Check the applicable version, any later direction and the actual case record before calculating a deadline or filing.
Guides on this topic
Each guide takes one situation and works through what has to be established, what the records need to show and what the procedure requires.
As a matter of DIFC law, a trust can hold assets in a country that does not recognise trusts, and a foundation can hold property on trust for others. The Court of Appeal answered six of thirteen questions in 2021 and declined seven, including whether a Muslim settlor's transfer necessarily engages the federal inheritance rules, so nothing in it says a structure will survive an inheritance claim.
A relative's stroke and a changed inheritance are reasons to examine the evidence, not proof that a will is invalid. A DIFC judgment separates capacity, understanding of the actual will and allegations of coercion.
Not necessarily. A will valid where it was made does not automatically govern assets elsewhere. Which regime the document was made under, and what that regime reaches, has to be established.
Often, where an estate holds different asset types. Real property, company shares and accounts can each be treated differently, and the instruments must be coordinated so they do not contradict each other.
Which succession regime applies, which assets the chosen instrument actually covers, and what formalities that regime requires, including registration where registration is what gives the instrument effect.
Guardianship wishes are a separate decision from the disposal of assets, with their own requirements, and what effect the record has depends on the regime.
The Wills Service is for eligible non-Muslims. The current official FAQ describes UAE asset coverage, subject to the chosen will type and its limits. Asset coverage and guardianship conditions should be checked separately against the current rules. Fees and probate procedure also require a current check.
Matters before the DIFC Courts are conducted by the firm, with counsel from its panel of DIFC-registered advocates engaged for the hearing. The firm acts as counsel in arbitrations seated in the DIFC and the wider UAE, and conducts the Indian proceedings that follow, including enforcement of UAE awards and judgments in India. This section is legal information, not legal advice.
A will that does not engage the right succession regime, or that names assets outside its reach, may not achieve what it was written to achieve.
Enquiries are handled in confidence. The firm conducts the matter and engages counsel from its panel of DIFC-registered advocates for any hearing.