Legalization of Overseas Wills For Use In the UAE

For many expats living in the UAE, estate planning typically begins with a Will that they have drafted in their home country. Even though this may seem like the best way to protect their global assets, UAE inheritance laws make things much more complicated. For an overseas Will to be legally recognized in the UAE, it must go through a process referred to as ‘notarization.’ Without this, families may find themselves navigating unexpected legal challenges at an already difficult time. 

The  importance of legitimizing an overseas Will in the UAE

Typically, the UAE follows a Civil Law system that is deeply influenced by Sharia principles. If you don’t have a registered and properly legalized Will, there is a real possibility that the courts will resort to Sharia law by default. This automatically translates to assets being distributed to specific family members in a pre-defined percentage, leaving little room for personal preferences or considerations. 

If you draft a Will from another nation, it may be legally valid there, but that doesn’t mean it will be valid in the UAE.  To be considered ‘valid’ in the UAE, it needs to be translated into Arabic and legalized. The process of legalization confers the Will with a status of authentication, confirming that the document is genuine and has been issued by the appropriate authority in the country of origin. Without legalization, it is highly unlikely that the UAE courts will acknowledge the overseas Will. 

Steps involved in the legalization process

There are a few measures to be taken to legalize an overseas Will. While the exact requirements may differ based on the Will’s country of origin, the process typically includes:

1. Notarization within the country of origin: At this stage, the Will needs to be notarized by the relevant authorities of its country of origin. 

2. Attestation by the relevant Foreign Ministry: The next step is to obtain certification from the home country’s Minister of Foreign Affairs. 

3. Attestation by the UAE embassy: The document then needs to be attested by the UAE embassy or consulate in the jurisdiction of the home country. 

4. Ministry of Foreign Affairs (MOFA) attestation: Upon arrival in the UAE, the Will must be further attested by the UAE Ministry of Foreign Affairs. 

5. Arabic translation: The Will must then be translated into Arabic by a professional legal translator licensed by the Ministry of Justice (MoJ). 

Following completion of these stages, the overseas Will can then be submitted to the UAE courts. 

The limitations of an Overseas Will: 

In spite of legalization in the UAE, practical challenges may arise. The ultimate decision on whether the stipulations outlined in an overseas Will clash with local laws and policy rests with the local courts. In such cases, courts may still resort to the application of Sharia principles, especially if the Will is ambiguous or not in accordance with UAE regulations. 

Another unavoidable challenge in the process of legalizing an overseas Will is the time and cost allotment. Legalization is a layered and bureaucratic process. Delays and time-consuming procedural elements attached to the process can make legalization an arduous process. 

Are there any alternatives? 

There is always the option of preparing a local Will in the UAE. There are 2 channels to register your UAE Wills: 

DIFC Wills: The Dubai International Financial Centre (DIFC) Wills Service Centre allows non-Muslim expats to register Wills in the UAE. 

ADJD Wills: The Abu Dhabi Judicial Department (ADJD) offers a similar service even for Muslim expats as well allowing Wills to be registered in both English and Arabic. 

For expatriates with global assets, the ideal approach is possibly a dual-Will approach, one Will in the home country to cover assets there and one in the UAE that covers local property and financial interests. This dual approach can mitigate jurisdictional conflicts and ensure that your wishes are carried out across borders.