Until 2023, even non-Muslims risked encountering unequal "Sharia" distribution: a son would receive two shares, a daughter one, and the remainder would go to the parents. This was changed by Federal Decree-Law No. 41/2022 "On Civil Personal Status", which came into effect on 1 February 2023.

The new law removed non-Muslims from mandatory Sharia norms. Now, one can apply:
— either the law of the country of citizenship;
— or a "secular" scheme enshrined in the UAE law itself.

If there is no will, the property is divided as follows:
— 50% to the spouse;
— 50% to the children equally;
— if there are no children, the remaining part goes to the parents;
— if there are neither a spouse nor children, everything goes to the parents.

Why a will is still important

Even with the new scheme, without a will everything is decided by the court. Banks freeze accounts, a probate case opens, and the family spends months and thousands of dirhams on sworn translations and lawyers.

With a will — it’s simpler. The court reviews the case in 2-3 weeks. And the bank unfreezes accounts almost immediately after receiving a copy.

Where to register a will: Dubai Courts or DIFC

The first question arises: where is it better to formalise a will to take advantage of the new freedom — without delays and unnecessary costs?

For many years, the English-speaking DIFC Wills service was advised by default. But in July 2023, Dubai Courts opened their own Estate Department for non-Muslims — and the balance of power changed.

Orders from Dubai Courts are executed immediately, without unnecessary delays

The court's decision in Dubai has automatic effect; with such an order, one can immediately go to the Land Department, to the bank, to the RTA.

No additional confirmations are required.

However, a DIFC order, no matter how impeccable it might be, still requires passage through Dubai Courts — otherwise, the property will not be re-registered and accounts will not be unlocked. That is, registration in the DIFC adds an extra legal loop.

A will through Dubai Courts is 2-3 times cheaper

The cost of registration:

– Dubai Courts:
— 2,200 AED — state duty,
— 3,000 AED — bilingual draft.

– DIFC Wills:
— 10,000 AED — individual will,
— 15,000 AED — "mirror" wills for spouses,
Prices exclude VAT and legal fees.

Quick consideration — one hearing, without probate

The Dubai Courts Department operates on a "one hearing - one decision" system. The issue of executing the will is tried to be resolved immediately. Thanks to the Wayak platform, the court's decision can be obtained in a few weeks.

Wills are recognised in all emirates

Orders issued by Dubai Courts are effective throughout the UAE. An apartment in Dubai, an account in a Sharjah bank, or a car registered in Ajman — everything can be transferred to heirs without additional confirmations in each emirate.

Digital signing and the English language

A will can be signed in person or via videoconference, receive a PDF with a QR code for authenticity verification, and immediately send it to the bank or insurer.

Text in English is permitted — a notary attaches a certified Arabic translation. The will becomes legally significant for all government bodies.

When to choose DIFC

DIFC is logical if:

– assets are distributed across several countries,
– you want a single will in English,
– the list includes foreign assets (accounts, real estate).

Comparison: Dubai Courts vs DIFC

How to formalise a will in Dubai Courts: step by step

1. Describe the assets: apartment, account, business, car, cryptocurrency wallet.

2. Appoint heirs and distribute shares.

3. Prepare the text of the will in English and Arabic.

4. Book an appointment for signing online or in person.

5. Provide documents: passports, Emirates ID, property documents.

6. Pay the state fee and receive a PDF with a QR code.

7. Hand over a copy to the bank and the insurer.

What documents will heirs need

• registered will;

• death certificate (better to have 5-10 copies immediately);

• documents of kinship;

• passports and Emirates ID of the heirs;

• bank statements, property evaluation — if necessary.

How to legalise foreign documents

For documents issued outside the UAE, the following chain will be required:

1. Notarised copy.

2. Translation into Arabic.

3. Apostille or stamp from the Ministry of Foreign Affairs of the home country.

4. UAE Embassy.

5. UAE Ministry of Foreign Affairs.

The process takes 3-4 weeks. Request copies in advance.

Common mistakes

Hoping that "everything will be solved without a will." Even with the new law, the court reviews the case for months, and accounts are frozen all this time.

Forming a will for one spouse if assets are joint. A mirror document saves time for both parties.

Not taking into account a change of religion (conversion to Islam nullifies the will). When changing faith, draft a new one.

Keeping a single copy in a safe. An electronic copy in the cloud and a trusted executor will solve half the problems.

Conclusion

The new law has made inheritance fairer for expats. But it has not abolished the court and bureaucracy. If you have property in the UAE, especially real estate — make a will.

If comfort and jurisdiction in English are needed — choose DIFC.
If you want to reduce timelines and costs — register a will through Dubai Courts.