Expanded Will Registration: ADJD Court Opens Access to Muslim Expats

The United Arab Emirates continues to evolve as a destination of choice for expatriates, offering a secure, globally connected environment in which to live, invest, and raise families. For Muslim expatriates in particular, recent changes in Abu Dhabi now offer a new and essential avenue for estate planning: the ability to register a Will through the Abu Dhabi Judicial Department (ADJD) Civil Wills Office.

This development marks a turning point in the way Muslim expats can protect their assets and ensure their wishes are respected, especially in a jurisdiction where Sharia law traditionally governs inheritance by default.

The Traditional Approach: Inheritance Under Sharia Law

For Muslim residents in the UAE, estate distribution without a registered Will has historically followed the principles of Sharia law. This means that inheritance is divided among specific relatives in predetermined shares. Typically, male heirs inherit twice as much as female heirs, and extended family members may be entitled to a portion depending on the structure of the surviving family.

While this may align with the expectations of many families, for others it can lead to outcomes that do not reflect their personal or financial intentions. For instance, a parent may wish to leave more to a child with special needs or provide for a spouse or dependent in a way that falls outside the fixed allocation of Sharia rules.

A New Legal Path for Muslim Expats

The ADJD has clarified that Muslim expatriates who are not UAE nationals can now register a Will in Abu Dhabi, regardless of their religion. This policy applies to all non-Emirati Muslims living in the UAE, allowing them to set out how they wish their assets to be distributed after their death.

This option introduces flexibility and legal certainty for Muslim expats who prefer to follow civil succession models from their home countries, or who have more complex family arrangements that Sharia law does not fully accommodate.

Why This Matters

The ability to register a Will with the ADJD is a welcome advancement for Muslim expats who own property or have substantial interests in the UAE. It offers peace of mind for those who:

• Wish to avoid rigid inheritance structures

• Want to ensure dependents are adequately provided for

• Come from jurisdictions where civil law allows for more discretionary estate planning

Countries such as Lebanon, Turkey, and Tunisia, for example, have frameworks that allow Muslims to exercise greater control over the distribution of their estates. This update in Abu Dhabi gives similar scope to eligible expats living in the UAE.

Key Considerations and Legal Realities

While this new option is promising, it is not without potential complications. Muslim expats considering this route should be aware of the following:

• The courts retain discretion: UAE courts may still review the Will to ensure it does not breach public policy or fundamental legal principles.

• Heirs may challenge: Disappointed heirs, particularly those entitled under Sharia law, could contest the Will. A carefully drafted Will can help mitigate this risk.

• UAE nationals are not eligible: Muslim citizens of the UAE remain fully subject to Sharia inheritance law and cannot register a Will under this framework.

How to Register a Will as a Muslim Expat

The process of registering a Will through the ADJD is relatively structured, but legal guidance is essential to ensure compliance and validity. The key steps include:

1. Seek Legal Advice

   Consult a qualified legal professional experienced in UAE inheritance law and familiar with the nuances of Wills for Muslim expats.

   
   

2. Draft the Will

   The document must clearly state how your estate should be distributed, including any guardianship provisions for minor children. It must be in Arabic or accompanied by an official translation.

   
   

3. Verify Eligibility

   You must prove legal residency in Abu Dhabi and demonstrate mental capacity to register a valid Will.

   
   

4. Notarise and Submit

   Once finalised and notarised, the Will is submitted to the ADJD for registration. Upon approval, it becomes legally binding.

   
   

A Step Towards Greater Autonomy

This shift represents a significant milestone for Muslim expatriates in the UAE, many of whom have made the country their long-term home. It allows them to take proactive control over their estate planning and ensure their legacy reflects their personal values and family needs.

That said, registering a Will is more than a legal formality. It is a thoughtful step towards ensuring clarity, avoiding conflict, and securing the well-being of loved ones. With the right guidance and forward planning, Muslim expats can now benefit from a level of estate planning autonomy that was previously unavailable in the UAE.

For further information, contact us.

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This material is provided for general information only. It should not be relied upon for the provision of or as a substitute for legal or other professional advice.