Whether you own an apartment or villa in Dubai, Abu Dhabi, Sharjah or any of the other Emirates, this article applies to you.
If you own property in the UAE and live abroad, you need in practice two wills: one in your home country for your domestic assets and a DIFC will for your UAE property. Both documents coexist, complement each other and must not contradict one another. This article explains how that works and where things go wrong.
Why two wills?
The answer is jurisdiction. Your home-country will governs your domestic assets (and, through applicable international private law, potentially assets in other treaty countries). But the UAE generally does not recognise that will for real estate on UAE soil.
Property in the UAE falls under UAE jurisdiction. Without a locally valid will, the UAE authorities may apply their own inheritance rules. A DIFC will is the instrument through which non-Muslims specify who inherits their UAE property, enforceable through the DIFC legal system.
Two jurisdictions, two instruments. Neither replaces the other.
How do they work together?
Scope delineation
The home-country will governs: bank accounts, domestic property, shares, pensions, other domestic assets.
The DIFC will governs: property in personal name in the UAE (all Emirates).
The key is that both documents have a clear scope delineation. Your home-country will should not refer to your UAE property as if it covers that too. Your DIFC will should be limited to your UAE assets.
The role of your notary or solicitor
It is advisable to inform your home-country notary or solicitor about the existence of your DIFC will. Some include a clause in the home-country will referencing the fact that a separate will applies to foreign property. That prevents confusion during settlement.
The reverse is not necessary: your DIFC will does not reference your home-country will. The DIFC system operates independently.
Common pitfalls
Pitfall 1: assuming your home-country will covers everything
The most common mistake. An owner has a will at home with “everything to the surviving spouse” and assumes it applies worldwide. For UAE property, that is not the case. The UAE does not recognise the home-country will for local real estate.
Pitfall 2: contradicting provisions
If your home-country will contains a provision covering your UAE property (for example: “all my real estate, wherever located, to my partner”), this can in theory conflict with your DIFC will. In practice, the DIFC document prevails when it concerns UAE property, but it is wiser to prevent the contradiction by amending your home-country will.
Pitfall 3: forgetting to update both documents
When your family situation changes (divorce, remarriage, birth, death of a beneficiary), both wills may need updating. Owners regularly forget to update one document when they amend the other.
Pitfall 4: confusing choice of law with jurisdiction
The EU Succession Regulation (Brussels IV) offers the possibility of including a choice-of-law clause in your will. But this regulation applies only within the EU. The UAE is not an EU member state. A choice-of-law clause in your home-country will has no legal force in the UAE.
When do you only need a DIFC will?
If you have no assets in your home country (for example, because you live permanently abroad and have wound down all domestic holdings), you may only need a DIFC will for your UAE property. Consult a notary or solicitor in your country of residence for advice on your total estate planning.
When do you need more than a standard DIFC will?
- UAE assets beyond property: bank accounts, shares or vehicles in the UAE require a more comprehensive DIFC will variant.
- Property in a corporate structure: if your property is held by a holding, LLC or trust, a standard Property Will is not sufficient.
- Property in more than two countries: with an international portfolio (for example, your home country, the UAE and Indonesia), you need a separate instrument per country. This requires coordination between multiple advisers.
For these situations, VAEtestament offers Tier 3 (EUR 1,499), including a referral to a DIFC-certified lawyer.
The practical steps
- Check your home-country will. Does it contain provisions referring to “all my real estate worldwide”? If so, discuss with your notary or solicitor whether an amendment is needed.
- Arrange a DIFC will. The entire process is conducted remotely and takes 5 to 10 weeks. Read the step-by-step overview.
- Inform your notary or solicitor. Let them know you have a separate will for your UAE property.
- Keep both documents accessible. Make sure your heirs or executor know that two wills exist and where to find them.