How Muslims Can Write a Will in Dubai–UAE

A will is a legal document that outlines how your assets should be distributed after death. It gives you clarity, control, and peace of mind—especially in the UAE, where inheritance defaults to local laws if no will exists.

Why a Will Matters

A will protects your family from uncertainty and ensures your wishes are respected. It allows you to:

• Appoint guardians for minor children
• Prevent asset freezing
• Avoid family disputes
• Allocate up to one-third of your estate as you wish (in Islam)

Why Muslims Face Limitations Under Sharia

UAE Federal Law No. 28 of 2005 (Personal Status Law) enforces Sharia inheritance rules for Muslims. Under this system:

• Fixed shares are allocated to legal heirs (spouse, children, parents, etc.)

• You cannot distribute more than one-third of your estate to non-heirs without heir consent

• Sharia is the default even if you don’t write a will

So for Muslims, a will can't override Sharia—but it can structure how the remaining third is distributed and cover key wishes like guardianship, funeral directions, and executor appointments.

Can Muslim Expats Write a Will?

Yes, but with conditions.

If you’re a non-UAE citizen but Muslim, UAE law still applies Sharia by default to your assets in the country. Unlike non-Muslims who can opt for civil laws or register wills under DIFC or Dubai Courts, Muslims must follow Islamic principles unless using a specific alternative.

This creates confusion, but there's a legal workaround—if you know where to look.

 Abu Dhabi Civil Court: A Legal Gateway

Here’s where things get interesting: Abu Dhabi Civil Family Court now allows Muslim expatriates to register civil wills under non-Sharia rules.

Conditions:

• Must not be a UAE citizen
• Can apply from any Emirate (not limited to Abu Dhabi residents)
• Assets across all Emirates can be included

Unlike Dubai and other Emirates (where will registration is limited to non-Muslims only), Abu Dhabi’s system lets Muslim expats opt for civil personal status laws—which means you can choose your own country's laws or personal preferences.

The result? Muslim expats now have a rare and valuable option to control their estate fully—without being bound to Sharia’s fixed shares.

RAS Corporate Advisors assists clients across the UAE in drafting such wills and registering them with Abu Dhabi Civil Court, ensuring all legal criteria are met.

What About Trusts? When Should You Consider One?

A trust is a legal structure where your assets are managed by a trustee on behalf of beneficiaries—often used alongside or instead of a will.

You should consider a trust if:

• You want to bypass forced heirship (legally, not avoidably)
• You have complex or high-value assets
• You want privacy (trusts don’t go through probate)
• You have assets in multiple jurisdictions

In the UAE, trusts can be set up in the DIFC or ADGM—common law jurisdictions that support global wealth planning. A trust can manage:

• Real estate
• Business shares
• Investment portfolios
• Future education or medical funds for children

It gives long-term asset protection, family continuity, and better control than a will alone.

When Should You Choose a Will vs. a Trust?

Legal Coverage: A will only comes into effect after death, whereas a trust can manage assets during your life and after your death.

Privacy: Wills go through a public probate process. Trusts, on the other hand, operate privately.

Control: A will offers limited flexibility, especially for Muslims under Sharia, while a trust gives you greater control, provided it’s structured properly.

Probate: Wills require court involvement. Trusts do not, which means faster and simpler execution.

Sharia Restrictions: Wills must follow Islamic inheritance law for Muslims. Trusts, when structured early and legally, may help avoid forced heirship rules.

In many cases, combining both tools—trust and will—offers the best protection.

Why Work with Experts?

Writing a Sharia-compliant will—or opting out legally via Abu Dhabi court—requires strategic legal handling. Mistakes can make a will unenforceable or cause delays in inheritance.

RAS Corporate Advisors provides:

• Will drafting (Sharia-compliant or civil)
• Abu Dhabi court registration
• DIFC/ADGM trust structuring
• Cross-border estate planning
• Legal review and compliance support

We ensure your estate plan works both during your life and beyond it—across borders, within UAE law, and aligned with your beliefs.