Wills for Abu Dhabi expats

Working out your best option for making your will in Abu Dhabi may involve involve a choice. The local Abu Dhabi and UAE law concerning Wills and inheritance may work in a different way to UK inheritance law. In fact Abu Dhabi law can operate differently depending on the nature of the inheritance.

Movable Assets

This category includes money, stocks and vehicles held in Abu Dhabi or the UAE. They will be frozen until any debts are paid and probate is granted. Distribution can then happen in accordance with the expatriates foreign Will.

Real property

This is immovable property like houses, apartments and land. This wll normally be distributed under Abu Dhabi/UAE law. Importantly this involves a ‘forced heirship’ distribution in line with Shariah law. Shariah distribution tends to pass larger shares of the estate to the male beneficiaries. It is quite possible that a brother would inherit more than a surviving widow.  The local court in Abu Dhabi will rely on the opinion of a Shariah scholar appointed to render an opinion about who should inherit and how much.

Possible changes?

There are suggestions from some quarters that an expat’s Will should be followed by the Abu Dhabi Courts for immovable property as well as moveable assets. This would mean that property owned in the UAE could be distributed in line with the wishes in the deceased’s Will and not be subjected to a Shariah disribution.

Local Courts will decide each case on its own merits.  There remains a chance that a valid foreign Will will be followed for distribution of real property if there are no Muslims or UAE nationals ’in sight’ as potential beneficiaries. Whilst there is no guarantee that in any particular case the court will apply foreign law over Shariah law it remains a possibility.

So for ex-pats making Wills in Abu Dhabi there is a decision to make if property is involved. Chose whether to have one Will for all assets both home and abroad or do separate Abu Dhabi Wills.

But…having separate Wills for Abu Dhabi might be seen by the Court as an acceptance of the local Abu Dhabi/UAE law including the Shariah law forced heirship distribution. It maybe a difficult choice to make as the situation stands.

So the question remains, separate Wills for Dubai or one for world wide application? Similar issues apply to the other expat Wills in other Emirates too if you would like to talk this over contact Bill Ryan here on Dubai Wills.