Wills for Expats in Dubai: DIFC Wills Service, Guardianship, and How to Protect Your Assets

Practical guide to registering a DIFC will, appointing guardians for your children, and securing your UAE assets as a non-Muslim expatriate

A DIFC will costs AED 10,000 for a single registration and gives non-Muslim expats full control over how their UAE assets are distributed after death — overriding the default statutory inheritance rules that would otherwise apply. Without a registered will, bank accounts (including joint accounts) are frozen immediately upon death, property transfers stall, and guardianship of minor children defaults to court discretion rather than parental choice.

This guide covers the practical steps: which type of DIFC will you need, the full registration process and costs, how guardianship appointments work for children under 21, what happens to jointly held property, the probate process after death, and how DIFC wills compare with the lower-cost ADJD alternative. If you have already read our guide to Sharia law and property inheritance in the UAE, this article picks up where that one ends — with the concrete actions you should take to protect your estate.

Why Every Non-Muslim Expat in the UAE Needs a Registered Will

The urgency is straightforward. Under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, if a non-Muslim expatriate dies without a valid will, the default distribution is fixed: 50% of the estate goes to the surviving spouse and the remaining 50% is divided equally among children regardless of gender. If the deceased has no children, the estate passes to parents, then to siblings. There is no flexibility — the testator’s actual wishes become irrelevant.

Since 1 January 2026, the stakes are higher for single expats or those whose family members live outside the UAE. Federal Decree-Law No. 51 of 2024 provides that if an expatriate dies without a will and no legal heirs can be identified, all UAE-based assets — bank balances, real estate, business shares — are frozen and ultimately transferred to a state-managed charitable endowment (Waqf). Previously, such cases were handled ad hoc by local courts with lengthy delays; the new law formalises the process.

Bank Accounts Are Frozen on Death — Including Joint Accounts

A misconception that catches many expat families off guard: the UAE does not recognise the common-law “right of survivorship” for joint bank accounts. When one account holder dies, the bank freezes the deceased’s share under Article 379 of the Commercial Transactions Law. The surviving spouse or co-holder cannot access these frozen funds until a court order is issued — a process that can take months without a will. A registered will does not prevent the freeze itself, but it dramatically accelerates the court process because the executor has a clear legal document to present rather than relying on default statutory rules.

Guardianship Is Not Automatic

If both parents die without a will that appoints a guardian, the court decides who cares for the children. For expatriate families with relatives outside the UAE, this creates a scenario where minor children could be placed in temporary state care while the court locates and assesses potential guardians — a process that can stretch over months. A DIFC will allows parents to appoint both an interim guardian (who takes immediate custody in Dubai) and a permanent guardian, ensuring continuity of care without court intervention.

What Is the DIFC Wills Service Centre?

The DIFC Courts Wills Service is a joint initiative of the Government of Dubai and the DIFC Courts, established by Resolution No. 4 of 2014 and reaffirmed by Dubai Law No. 15 of 2017. It provides a common-law legal framework — similar to the systems in the UK, Australia, and the US — for non-Muslims to register wills that govern the distribution of their UAE assets and the guardianship of their children.

A key development is Dubai Law No. 2 of 2025, which grants DIFC-registered wills exclusive jurisdiction and direct enforcement for assets located in Dubai. This means a DIFC probate order can be enforced directly with Dubai Land Department, UAE banks, and the RTA without needing separate recognition proceedings through the Dubai Courts — a procedural advantage that distinguishes DIFC wills from other registration routes.

Who Can Register a DIFC Will

Eligibility is broad. You must be a non-Muslim, at least 21 years old, and have either assets or family in the UAE. Residency is not required — non-residents who own property, bank accounts, or business shares in the UAE can register a DIFC will. Registration can be completed in person at the DIFC Courts building in Dubai or remotely through the DIFC Virtual Registry via video conference from anywhere in the world.

Types of DIFC Wills and When to Use Each

The DIFC Wills Service Centre offers six types of wills, each designed for different asset profiles and family situations. Choosing the right type matters because it determines what is covered and whether you need to register multiple wills or a single comprehensive document.

Will Type	What It Covers	Best For
Full Will (Form 1)	All moveable and immoveable assets in the UAE + guardianship provisions for minors in Dubai or Ras Al Khaimah + optional digital assets	Expats with diverse asset portfolios and/or children
Guardianship Will (Form 2)	Appointment of guardians for minor children (under 21) residing in Dubai or Ras Al Khaimah only — no asset distribution	Parents whose asset distribution is handled by a home-country will
Property Will (Form 3)	Up to 5 UAE real estate properties (or shares in 5 properties)	Property investors who only need UAE real estate covered
Business Owners Will (Form 4)	Up to 5 shareholdings in UAE-registered companies	Business owners with company shares in the UAE
Financial Assets Will (Form 5)	Up to 10 bank and/or brokerage accounts at UAE-based branches	Individuals whose primary UAE assets are financial
Digital Assets Will (Form 6)	Digital assets held in the DIFC Courts’ non-custodial wallet (ETH, BTC, USDC, USDT, HBAR, Matic, and HTS tokens)	Crypto holders with significant digital asset positions

The Full Will is the most common choice for expats with families. It covers everything in a single document — property, bank accounts, investments, vehicles, personal belongings, and guardianship — and extends to all seven emirates. If you have more than one type of asset or want guardianship provisions combined with asset distribution, the Full Will is the only option that handles both in one registration. The Property, Business Owners, and Financial Assets wills are template-based (completed through the DIFC online portal) and cover only their specific asset categories.

One practical detail: the Full Will covers all assets owned at the time of death, regardless of whether each asset is individually listed. This means you do not need to re-register every time you open a new bank account or acquire additional property. The specialised wills (Property, Financial Assets, Business Owners) require you to list specific assets and update the will when your holdings change.

DIFC Will Registration Fees

All fees below are official DIFC Courts registration fees, exempt from VAT. Legal drafting fees from a registered draftsman are separate and additional.

Will Type	Single Will	Mirror Wills (Couples)	Non-Refundable Booking Fee
Full Will	AED 10,000	AED 15,000	AED 1,000 / AED 2,000
Guardianship Will	AED 5,000	AED 7,500	AED 500 / AED 750
Property Will	AED 7,500	AED 10,000	AED 750 / AED 1,000
Business Owners Will	AED 5,000	AED 7,500	AED 500 / AED 750
Financial Assets Will	AED 5,000	AED 7,500	AED 500 / AED 750
Digital Assets Will	AED 5,000	AED 7,500	AED 500 / AED 750
Will Modification	AED 550		AED 55

Mirror wills apply when both spouses register their wills at the same time, each naming the other as a primary beneficiary. The booking fee is deducted from the registration fee but is non-refundable if you cancel the appointment.

Total Cost Including Legal Drafting

The registration fee is only part of the total cost. A DIFC-registered legal practitioner typically charges AED 3,000–6,000 or more for drafting a Full Will, depending on estate complexity. The DIFC Courts maintain a register of approved wills draftsmen who meet minimum competency standards. While it is not technically mandatory to use a draftsman for template-based wills (Property, Business Owners, Financial Assets), the DIFC Courts strongly recommend professional drafting for Full Wills to ensure compliance with the Wills and Probate Registry Rules. For a married couple registering mirror Full Wills with professional drafting, expect a total outlay of AED 21,000–27,000.

The DIFC Wills Service has partnered with several UAE banks to offer easy payment plans (EPP), allowing credit card customers to spread registration fees over up to 12 months at 0% interest. Contact your bank after payment to check EPP eligibility.

How to Register a DIFC Will: Step-by-Step Process

The process typically takes 2–4 weeks from initial consultation to completed registration. Here is what to expect at each stage.

Step 1: Choose Your Will Type and Engage a Draftsman

Where: Select a registered draftsman from the DIFC Courts’ official list or use the DIFC online portal for template wills

What you need: Passport copies for you and all named persons (beneficiaries, executors, guardians), Emirates ID (if a UAE resident), a detailed list of your UAE assets, and clear instructions on how you want assets distributed

What happens: The draftsman conducts a consultation, assesses your asset profile and family situation, and drafts the will in accordance with the DIFC Wills and Probate Registry Rules

Timeline: 3–5 working days for standard drafting; urgent service available at additional cost

Step 2: Review and Finalise the Draft

What happens: You review the draft will with your draftsman, confirm all beneficiary details, asset allocations, executor appointments, and guardianship provisions. Make corrections before the will is uploaded to the DIFC Courts online portal

Key check: Ensure your will does not conflict with any existing power of attorney documents or home-country wills that cover different assets

Step 3: Book a Registration Appointment

Where: Through the DIFC Wills Service online portal

What happens: Your draftsman (or you, for template wills) uploads the finalised will to the portal and books a registration appointment. You choose between an in-person appointment at the DIFC Courts building or a virtual appointment via video conference

Fee: The non-refundable booking fee is charged at this stage and deducted from the full registration fee

Step 4: Attend the Registration Appointment

Who must attend: The testator (you) plus two witnesses. Witnesses must not be beneficiaries, guardians, or spouses of beneficiaries or guardians named in the will

What happens: A DIFC Courts compliance officer reviews the will with you to confirm you understand its contents and are signing voluntarily. You and both witnesses sign the will — either physically or electronically (for virtual appointments, each person inserts an electronic signature via their mobile device on a link provided by the DIFC)

For non-English speakers: A Ministry of Justice-licensed translator can attend the appointment to assist

Step 5: Registration and Storage

What happens: Once signed and witnessed, the will is officially registered with the DIFC Courts Wills Registry. The original will is stored securely by the Wills Service. You receive a registered copy

Fee: The full registration fee (minus the booking fee already paid) is collected

Guardianship of Minor Children: How DIFC Wills Protect Your Family

For expat parents, guardianship is often the primary reason to register a will — and the one area where the consequences of inaction are most acute. Under DIFC Wills and Probate Registry Rules, you can appoint two types of guardians for children under 21 years of age who reside in the Emirates of Dubai or Ras Al Khaimah.

Interim guardian: Takes immediate physical custody of the children in the UAE in the event of both parents’ death. This person should ideally be someone already in Dubai who can act within hours — a trusted friend, relative, or colleague. The interim guardian’s role is temporary: to care for the children until the permanent guardian can arrive and assume responsibility.

Permanent guardian: Takes long-term responsibility for the children’s care, upbringing, and property. This can be anyone you choose — typically a family member in your home country — provided the appointment complies with UAE public policy. The permanent guardian arrangement typically involves the children eventually relocating to the permanent guardian’s country of residence.

Guardianship provisions can be included within a Full Will or registered as a standalone Guardianship Will (AED 5,000 single / AED 7,500 mirror). A standalone Guardianship Will covers only the appointment of guardians — it does not distribute assets. If you already have a home-country will covering asset distribution and only need UAE-based guardianship protection, the standalone Guardianship Will is the more cost-effective option.

One limitation to note: guardianship provisions under DIFC wills only apply to children residing in Dubai or Ras Al Khaimah. If your children live in Abu Dhabi, Sharjah, or another emirate, DIFC guardianship provisions may not be enforceable in that emirate’s courts. In such cases, an ADJD-registered will may provide broader guardianship coverage across all seven emirates.

Property in Joint Names: What Actually Happens

Many expat couples hold Dubai property in joint names, assuming that the surviving spouse will automatically inherit the other’s share. This assumption is incorrect under UAE law. Joint property ownership does not carry a right of survivorship — the deceased owner’s share becomes part of the estate and must go through the probate or inheritance process before it can be transferred to the survivor.

Without a will, the deceased’s 50% share in a jointly owned property would be distributed according to the default statutory rules under Federal Decree-Law No. 41 of 2022: half to the spouse and half divided equally among children. If the surviving spouse wants to retain full ownership, they must receive the deceased’s share through the inheritance process — and if children are involved, the court may need to approve any arrangement where the spouse receives the children’s statutory share.

A DIFC will solves this cleanly. You can specify that your share of jointly owned property passes entirely to your spouse (or to any other beneficiary). Under Dubai Law No. 2 of 2025, the DIFC probate order is directly enforceable with Dubai Land Department, enabling the surviving spouse to complete the property transfer without going through the Dubai Courts separately.

The Probate Process After Death

Probate is the legal mechanism through which a registered will is executed after the testator’s death. For DIFC-registered wills, the process is designed to be straightforward and is conducted entirely in English.

Who initiates: The executor named in the will

What they file: An application to the DIFC Courts along with a certified copy of the death certificate and a detailed list of assets covered by the will

Processing time: The DIFC Courts aim to complete probate within approximately one month for straightforward cases — significantly faster than the traditional UAE court process, which can extend over several months

Enforcement: Following Dubai Law No. 2 of 2025, the DIFC Courts hold exclusive jurisdiction over probate for DIFC-registered non-Muslim wills. The probate order is directly enforceable against banks, Dubai Land Department, and other relevant UAE authorities. Beneficiaries do not need to go through a separate recognition process in the Dubai Courts

Cost: A probate application at the DIFC Courts has a filing fee based on the DIFC Courts fee schedule. If the estate is straightforward and the will clearly identifies all assets and beneficiaries, the probate process typically does not require legal representation — though engaging a solicitor is recommended for complex estates

For assets in emirates other than Dubai, a DIFC probate order is still recognised, but enforcement may require an additional administrative step through the local courts in that emirate. This is where the ADJD alternative may have a practical advantage for expats with assets spread across multiple emirates.

DIFC Will vs ADJD Will: Choosing the Right Option

The DIFC Wills Service is not the only route available. The Abu Dhabi Judicial Department (ADJD) offers a significantly cheaper alternative that is valid across all seven emirates.

Criteria	DIFC Will	ADJD Will
Registration Fee (Single)	AED 10,000 (Full Will)	AED 950
Registration Fee (Mirror)	AED 15,000	AED 1,900
Total Cost (incl. Drafting)	AED 13,000–21,000+	AED 2,000–4,000 (approx.)
Legal Framework	Common law (English law principles)	UAE civil law
Language	English only	Bilingual (English + Arabic)
Geographic Coverage	All 7 emirates (strongest enforcement in Dubai)	All 7 emirates under federal law
Dubai Enforcement	Direct (under Dubai Law No. 2 of 2025)	Requires deputisation through Dubai Courts
Probate Language	English	Arabic (may require professional assistance)
Registration Process	Online or in-person at DIFC Courts	Fully online (video call notarisation)
Muslim Expats	Not eligible	Non-Emirati Muslim expats now eligible (2026 update)
Guardianship	Children in Dubai or Ras Al Khaimah	Children across all emirates
Digital Assets	Dedicated Digital Assets Will available	Not specifically supported

Choose DIFC if: You have significant Dubai-based assets (particularly property), want the fastest possible enforcement through DIFC Courts, prefer a common-law framework and English-language probate, or hold digital assets you want covered under a dedicated will.

Choose ADJD if: Cost is a primary concern, your assets are spread across multiple emirates, you want the simplest possible process, or you are a non-Emirati Muslim expatriate (who is not eligible for DIFC wills).

Both routes allow you to distribute assets according to your wishes and appoint guardians for your children. The practical difference lies in enforcement speed for Dubai assets and total cost. For an expat owning a single Dubai property worth several million dirhams, the AED 10,000+ DIFC registration fee is a relatively small price for the assurance of direct, rapid enforcement. For a renter with moderate savings across multiple emirates, the ADJD route at AED 950 may be the more proportionate choice.

Common Mistakes and How to Avoid Them

Assuming a Home-Country Will Covers UAE Assets

A will registered in your home country does not automatically extend to assets located in the UAE. While UAE courts may, in principle, recognise foreign wills, the enforcement process involves translating the will into Arabic, having it attested and legalised, and navigating UAE court procedures — a process that can take 6–12 months and cost more than registering a UAE will in the first place. The practical advice is to have a separate will for your UAE assets, clearly drafted to avoid conflicts with your home-country will.

Not Updating the Will After Major Life Events

Divorce, the birth of a child, acquisition of new property, or changes in business ownership all require a will review. DIFC will modifications cost AED 550 — a nominal fee compared to the consequences of an outdated will. If changes are substantial, a full re-registration may be required.

Naming Witnesses Who Are Also Beneficiaries

Under DIFC Wills and Probate Registry Rules, witnesses must not be beneficiaries, guardians, or spouses of beneficiaries or guardians named in the will. If an ineligible witness signs, the will may be deemed unregisterable or unenforceable. Choose independent witnesses — colleagues, neighbours, or professionals — who have no stake in the estate.

Ignoring the Interim Guardian Appointment

Many parents focus on naming a permanent guardian (typically a relative abroad) but overlook the interim guardian. If both parents die in the UAE and the permanent guardian is overseas, someone needs to care for the children immediately. Without an interim guardian appointment, the children’s care defaults to authorities until the permanent guardian is located and approved. Name a trusted person already in Dubai as interim guardian.

FAQ

How much does a DIFC will cost in total?

The DIFC Courts registration fee for a single Full Will is AED 10,000. Add AED 3,000–6,000 for legal drafting by a registered draftsman. Total cost for a single Full Will typically ranges from AED 13,000 to AED 16,000. Mirror wills for couples start at AED 15,000 registration plus drafting fees, bringing the total to approximately AED 18,000–21,000 or more depending on estate complexity.

Can I register a DIFC will without being a UAE resident?

Yes. Non-residents who own property, bank accounts, business shares, or other assets in the UAE can register a DIFC will. Registration is available remotely through the DIFC Virtual Registry via video conference — you do not need to travel to Dubai. An Emirates ID is not required for non-residents.

Does a DIFC will override Sharia inheritance law?

For non-Muslims, yes. A properly registered DIFC will ensures that assets are distributed according to the testator’s instructions rather than the default statutory framework under Federal Decree-Law No. 41 of 2022. The DIFC framework operates under common law principles, giving non-Muslim testators complete freedom to choose their beneficiaries.

What happens to my Dubai property if I die without a will?

The property becomes part of your estate and is distributed under the default rules: 50% to the surviving spouse and 50% equally among children. The property cannot be transferred or sold until a court order is issued following the inheritance process. If the property is jointly owned, the deceased’s share is separated and distributed — the surviving co-owner does not automatically inherit. For more detail on how Sharia law affects property inheritance in the UAE, see our dedicated guide.

Can I appoint guardians for my children through a DIFC will?

Yes, for children under 21 years of age residing in Dubai or Ras Al Khaimah. You can appoint both an interim guardian (for immediate custody in the UAE) and a permanent guardian. This can be done through a Full Will or a standalone Guardianship Will. Guardianship appointments must comply with UAE public policy.

How long does the DIFC probate process take?

The DIFC Courts typically complete probate within approximately one month for straightforward estates. The executor files the death certificate and asset list, and the DIFC Courts issue a probate order. Under Dubai Law No. 2 of 2025, this order is directly enforceable against banks and Dubai Land Department without separate Dubai Courts proceedings.

Do I need to update my DIFC will every time I buy a new property?

Not if you have a Full Will. A DIFC Full Will covers all moveable and immoveable assets owned at the time of death, whether or not they are individually listed. However, the specialised wills (Property, Financial Assets, Business Owners) require assets to be specifically listed and must be updated when holdings change. Will modifications cost AED 550 per change.

Is the ADJD will a valid alternative for Dubai residents?

Yes. ADJD wills are registered with the Abu Dhabi Judicial Department and are valid across all seven emirates under federal law. The government registration fee is AED 950 for a single will — substantially cheaper than DIFC. The trade-off is that enforcing an ADJD will for Dubai-based assets requires an additional administrative step through the Dubai Courts, whereas DIFC wills are enforced directly under Dubai Law No. 2 of 2025. For most Dubai residents with moderate estates, both options provide effective asset protection.

What if both my spouse and I die at the same time?

Mirror wills should include secondary (alternate) beneficiaries who inherit if the primary beneficiary (your spouse) has already died. Without alternate beneficiaries, the estate would be distributed under default statutory rules. Both mirror wills should also include guardianship provisions naming the same interim and permanent guardians to avoid conflicting instructions.

Can I include overseas assets in my DIFC will?

A DIFC Full Will can extend to assets outside the UAE. However, enforcement in foreign jurisdictions is not guaranteed and depends on whether the relevant country recognises DIFC court orders. The DIFC Courts recommend seeking legal advice on the enforceability of DIFC wills in the specific jurisdictions where you hold overseas assets. In most cases, a separate home-country will covering non-UAE assets is the safer approach.

Official Sources

This article references information from the following authorities:

• DIFC Courts — Schedule of Fees (Wills Service)
• DIFC Courts — Wills Service Overview
• DIFC Courts — Wills FAQ
• DIFC Courts — Full Will Service
• DIFC Courts — Property Will Service
• UAE Legislation Portal — Federal Decree-Law No. 41 of 2022 on Civil Personal Status
• UAE Government Portal — Family Law for Non-Muslims
• Abu Dhabi Judicial Department — Non-Muslim Wills FAQ

Regulations and fees are subject to change. Verify requirements with the DIFC Courts Wills Service or the relevant official authority before proceeding with any will registration.

This guide is for informational purposes only. UAE regulations and fees are subject to change. Always verify current requirements with the relevant official authority before proceeding with any application or transaction.