Making a Will in Dubai When Your Family Lives Overseas

Living in Dubai while your spouse, children, or other relatives live abroad can make estate planning more complicated. You may own property in the UAE, maintain local bank accounts, or hold business interests that your family will need to manage after your death. A registered Will can set out how these assets should be distributed and who should handle your estate.

Making a Will in Dubai requires careful consideration of your family arrangements, the assets you own, and the laws that may apply in different countries. The right approach can help reduce uncertainty for relatives who may need to deal with UAE authorities from overseas.

1. Consider Which Assets Your Will Should Cover

Start by identifying the assets you want your Will to cover. These may include property in Dubai, UAE bank accounts, investments, company shares, and other eligible assets. Make a list of each asset, its ownership details, and any joint ownership arrangements.

If your family lives overseas, clear instructions can help them understand what you intended and which assets form part of your estate. You should also consider whether you want the Will to cover assets outside the UAE.

The DIFC Courts Wills Service allows eligible individuals to include foreign assets in a Full Will. However, whether those provisions can be enforced abroad depends on the laws and procedures of the relevant country. 

2. Check Which Will Registration Option Suits You

The right registration route for a Dubai Will depends on your religion, family circumstances, and the assets you want to cover. Muslims and non-Muslims can register Wills through the Abu Dhabi Judicial Department (ADJD), while DIFC and Dubai Courts Wills are available to eligible non-Muslims.

Each option has its own registration process, fees, and requirements. ADJD allows remote registration through a video appointment, while DIFC also offers virtual registration for eligible applicants. Dubai Courts generally requires in-person attendance for registration. Check the requirements of each registration authority before deciding which option suits your circumstances.

3. Find Out Whether You Can Register From Overseas

Having family members abroad does not prevent you from making a Will in Dubai. Eligible applicants can register a DIFC Will remotely through a virtual appointment, without travelling to the UAE. You will need to prepare the Will and provide the required information and supporting documents before registration.

Two eligible witnesses must also attend the DIFC registration appointment, and they do not need to be UAE residents. If you prefer ADJD or Dubai Courts, check their respective registration procedures, as the requirements and appointment arrangements differ.

4. Choose an Executor Who Can Manage Your Estate

Your executor will be responsible for carrying out the instructions in your Will, subject to the applicable probate process. This person may need to deal with banks, property records, company interests, and court procedures after your death.

If your preferred executor lives overseas, consider whether they can manage these responsibilities from abroad. They may need to provide identification, obtain documents, communicate with UAE institutions, or appoint professional assistance where permitted.

5. Make Clear Arrangements for Children and Beneficiaries

Your Will should identify your beneficiaries and explain how you want your estate distributed. Clear instructions can help prevent confusion among relatives who live in different countries. If you have minor children, consider whether you need to appoint guardians and check whether those arrangements will be recognised where your children live.

The DIFC Courts Wills Service allows eligible applicants to appoint interim and permanent guardians for qualifying minor children in Dubai and Ras Al Khaimah. You should also tell your executor where the Will is registered and how to access the relevant documents, especially if they live overseas.

6. Check the Legal Requirements in Other Countries

A Will registered in Dubai may not automatically resolve inheritance matters in another country. Foreign authorities may apply their own rules to property, probate, recognition of Wills, and the transfer of assets. For example, a property held overseas may be subject to local succession laws, even if it is included in a UAE Will.

Your nationality, residence, asset ownership, and the laws that apply to each asset can affect how your estate is handled. Seek advice from qualified professionals familiar with the relevant jurisdictions before finalising your Will. Review it after major life changes, such as marriage, divorce, the birth of a child, or acquiring significant assets.

Prepare Your Will With Your Family in Mind

Making a Will in Dubai when your family lives overseas involves more than naming beneficiaries. You need to consider the assets covered, the registration route, your executor, and the legal requirements that may apply in other countries.

A carefully prepared and properly registered Will can give your family clearer instructions to follow when dealing with your estate. Reviewing these arrangements with a qualified Wills specialist can help you identify potential issues before they become difficult for your loved ones to resolve.