The question of estate planning is often overlooked by expatriates in the UAE, particularly among Muslim expatriates who may assume that the local legal framework offers limited flexibility. However, with the enactment of Law No. 14 of 2021 on Personal Status for Non-Muslims, the Abu Dhabi Judicial Department (ADJD) took a significant step forward in expanding testamentary freedom.
Under this law, Muslim expatriates are permitted to register Civil Wills in, enabling them to determine how their assets are to be distributed upon death, without automatic application of Sharia inheritance principles. This development provides clarity, autonomy, and peace of mind for families seeking to protect their assets and ensure that their estate is managed in accordance with their personal and familial intentions.
The Importance of Registering a Will
In the absence of a registered will, a deceased Muslim expatriate’s estate in the UAE will typically be administered under Sharia law. This process follows specific inheritance proportions that may not align with an individual’s personal wishes, family structure, or international circumstances.
By registering a Civil Will with the ADJD, an individual retains the ability to:
- Determine who will inherit their assets and in what proportions.
- Appoint trusted individuals to manage the estate.
- Protect dependents, particularly minor children, through guardianship designations.
- Minimize disputes and administrative complications for surviving family members.
In short, a Civil Will allows Muslim expatriates to bypass the default Sharia distribution model and opt instead for a system rooted in personal choice and testamentary freedom.
Components of a Muslim Expat Civil Will
A properly drafted and registered Civil Will can cover a range of important elements, all of which should be carefully considered and discussed with a qualified legal professional. The below may be included in a Muslim Will registered with the ADJD.
a. Executorship
The executor/executrix plays a crucial role in carrying out the terms of the will. This person is responsible for collecting the assets of the estate, paying off liabilities, and distributing the remainder to beneficiaries.
Selecting an executor/executrix is therefore a matter of both trust and practicality. The chosen individual should be someone reliable, organized, and ideally familiar with the UAE’s legal and administrative processes. In all cases, appointing an executor/executrix is an essential component to any will.
b. Funeral Wishes
A Civil Will allows a testator to express specific wishes regarding funeral and burial arrangements. Muslim expatriates may choose to follow Islamic burial practices or opt for alternative arrangements, depending on personal beliefs and family considerations.
During a recent discussion with the ADJD, it was confirmed that while non-traditional burial requests can be accommodated, they are reviewed on a case-by-case basis to ensure compliance with UAE law and public order. Nonetheless, the ADJD has reaffirmed that these wills are treated as civil instruments, and the application of such wishes remain strict.
c. Guardianship of Minor Children
Perhaps one of the most vital aspects of estate planning for families, the appointment of temporary and permanent guardians ensures that minor children are cared for in the event of the parents’ passing.
Temporary guardians are typically those residing within the UAE who assume immediate responsibility, while permanent guardians (often relatives abroad but may vary) are intended to take over long-term care, and step into the shoes of the deceased parents.
Given the sensitive nature and legal implications of guardianship appointments, this section of the will should be drafted with particular care, ideally under professional legal guidance to ensure recognition and enforceability within the UAE courts.
d. Specific Bequests and Gifting
A person may wish to leave particular assets (such as a property, investment, or sentimental items) to specific individuals or institutions. These are known as specific bequests/gifting.
Such provisions are permissible under the ADJD Civil Will framework, however, they should be clearly defined to avoid ambiguity and must be supported by professional advice to ensure they do not conflict with broader estate distribution clauses or applicable UAE inheritance laws.
e. The Residuary Estate
After all debts, expenses, and specific bequests have been settled, the remaining assets of the estate form what is known as the Residuary Estate. This portion is then distributed in accordance with the general terms of the will.
In most cases, this means allocating the remainder to primary beneficiaries, such as a spouse, children, or other dependents, either equally or according to proportions specified by the testator. The clarity and precision of these instructions are key to preventing disputes and ensuring a smooth probate process.
f. Defining Executors’ Powers
The inclusion of this provision is essential as it:
Provides legal authority
It ensures that an appointed executor/executrix will have explicit permission to carry out crucial tasks, such as selling property, managing bank accounts, paying debts, and distributing assets.
Helps to prevent disputes
Unambiguity limits confusion or conflict among beneficiaries about what the executor/excutrix can or cannot do.
Avoids unnecessary court delays
Without defined powers, the executor/executrix may need to seek court approval for routine actions, slowing down estate administration.
Protects an executor/executrix
It offers legal protection by clarifying that actions taken within the scope of the clause are valid and authorised.
Ensures smooth estate administration
Well-drafted powers allow the executor to deal more efficiently with unforeseen circumstances or complex assets.
Conclusion
The information provided in this article is a broad overview of potential content to include in an ADJD Muslim Expat Will in the UAE and should in no way be taken at face value. For situation-specific advice, always seek out the assistance of a registered legal professional.
Head of Wills and Inheritance