How to Make a Will in UAE 2026: DIFC Wills for Non-Muslims

If you're a non-Muslim expat living in the UAE, one of the most important decisions you can make is creating a will. Without one, you lose control over how your assets are distributed and who looks after your children. The good news? The UAE now offers a straightforward solution through DIFC Wills, designed specifically for non-Muslims with assets in the Emirates.

Why Non-Muslims in the UAE Need a Will

Many expats assume that once they've signed a will, their estate planning is secure. However, without proper registration through the right legal framework, your will may be subject to local interpretation and may not offer the protection you need.

Since January 2026, the stakes have become even higher. Under Federal Decree-Law No. 51 of 2024, heirless expatriates who die without a will may have their UAE assets frozen and ultimately transferred to state Waqf. This means your family could lose access to properties, bank accounts, and other assets entirely.

Without a registered will, UAE inheritance laws apply a default statutory distribution—typically 50/50 between spouse and children—but you lose all control over how specific assets are allocated and who serves as guardian for your children.

Understanding DIFC Wills: The Best Option for Non-Muslims

What is a DIFC Will?

A DIFC Will is a legal document registered with the Dubai International Financial Centre (DIFC) Courts that helps you take control of how your assets are distributed after your death and who will be appointed as guardian for your children. It's prepared and registered under common law principles, not Sharia law, giving you complete testamentary freedom.

The DIFC Will operates under a separate legal system from UAE onshore courts, which means your instructions are legally binding and enforced by the DIFC without needing approval from Dubai Courts. This provides greater legal certainty and consistency compared to other options.

Who Can Register a DIFC Will?

In 2026, DIFC Wills are available to:

• Non-Muslim individuals aged 21 or over
• UAE residents and non-residents
• Individuals owning assets in the UAE
• Anyone with worldwide assets they want to protect

Importantly, you don't need to live in the DIFC or even in the UAE to register a DIFC Will. The process is entirely online and can be completed from anywhere in the world.

What You Can Include in Your DIFC Will

A DIFC Will is comprehensive and covers far more than just real estate. Your will can include:

• Real estate properties in the UAE and abroad
• Bank accounts and funds held in these accounts
• Shares in businesses and legal entities
• Personal belongings and valuables
• Social media accounts
• Intellectual property
• Guardianship appointments for minor children
• Interim and permanent guardianship provisions

For families with children, you can build in both interim guardianship (for immediate short-term care decisions) and permanent guardianship provisions (for longer-term arrangements). This ensures your children are looked after according to your wishes without court delays.

The Legal Framework: Federal Decree-Law No. 41 of 2022

The foundation for DIFC Wills comes from Federal Decree-Law No. 41 of 2022 on Personal Status for Non-Muslims. This landmark legislation allows non-Muslim residents to opt out of Sharia inheritance distribution and create wills that specify exactly how their assets should be distributed.

This law represents a significant shift in UAE legislation, recognising that non-Muslims should have the flexibility to manage inheritance and family matters through civil law rather than religious principles. It's the legal backbone that makes DIFC Wills enforceable and binding across the Emirates.

How to Register Your DIFC Will: Step-by-Step

The Registration Process

The execution and registration of DIFC Wills is completed entirely online through the DIFC Wills Service Centre. Here's what you need to know:

1. Schedule an online appointment with the DIFC Wills Service Centre through their digital platform
2. Prepare your will details, including information about your assets, beneficiaries, and executor(s)
3. Draft your will in English under common law principles
4. Complete the registration through the online system
5. Receive your registered will, which is legally binding and enforceable

What Information You'll Need

When registering, you'll need to provide details of:

• Your executor(s)—the person or people responsible for carrying out your will
• Your beneficiaries—everyone who will receive assets from your estate
• A complete list of all movable and immovable properties
• Bank accounts and funds
• Business interests and shareholdings
• Any assets based in the UAE or outside the UAE
• Guardianship preferences for minor children

DIFC Wills vs. Other Options in the UAE

You have several options for registering a will in the UAE, each with different implications:

Consideration	DIFC Wills	ADGM Wills	Onshore UAE Courts
Who can register?	Non-Muslims only	Non-Muslims only	Non-GCC Muslims and non-Muslims
Language	English only	Bilingual (Arabic and English)	Arabic translation required
Governing law	Common law	Common law	UAE federal law and/or Sharia
Probate process	Handled by DIFC Courts	Handled by Abu Dhabi Judicial Department (ADJD)	Handled by onshore courts
Legal certainty	High—common law framework	High—common law framework	Variable—subject to local interpretation

The DIFC option is generally preferred by non-Muslims because it operates entirely under common law, offers the highest level of legal certainty, and avoids potential complications from local interpretation of Sharia principles.

Benefits of a DIFC Will

Registering a DIFC Will provides several key advantages:

• Full testamentary freedom: You decide exactly how your assets are distributed, without restrictions
• Guardianship control: You appoint guardians for your children, ensuring they're cared for according to your wishes
• Legal certainty: Your will is binding and enforceable under common law, not subject to local interpretation
• Asset protection: Your assets won't be frozen or transferred to state Waqf if you have no heirs
• Worldwide coverage: Your will can cover assets both in the UAE and internationally
• Online convenience: Complete the entire process from anywhere in the world
• Minimal procedural risk: Clear enforcement route through DIFC Courts

Common Mistakes to Avoid

When creating your DIFC Will, avoid these common pitfalls:

• Delaying the process: Don't wait until it's too late. Create your will now, regardless of your age or health status
• Using notarial wills alone: While notarial wills may appear compliant, they can still be subject to local interpretation and may not offer full protection
• Forgetting about all assets: Include everything—UAE properties, international assets, bank accounts, business shares, and digital assets
• Not naming an executor: Clearly identify who will be responsible for carrying out your wishes
• Overlooking guardianship: If you have children, explicitly appoint guardians rather than leaving this to chance
• Failing to update your will: Review and update your will if your circumstances change—marriage, divorce, new children, or significant asset changes

Next Steps: Taking Action Today

Creating a DIFC Will is one of the most important decisions you can make as a non-Muslim expat in the UAE. It gives you control over your legacy, protects your family, and ensures your wishes are honoured.

Here's what you should do now:

1. Gather your information: Make a list of all your assets, beneficiaries, and preferred guardians for your children
2. Consider legal assistance: While you can register online independently, consulting with a legal professional can help ensure your will is comprehensive and properly structured
3. Visit the DIFC Wills Service Centre: Schedule an online appointment to begin the registration process
4. Complete registration: Follow the online process to register your will
5. Store securely: Keep a copy of your registered will in a safe place and inform your executor where it's located
6. Review periodically: Update your will if your circumstances change

Don't put this off. The peace of mind that comes from having a proper will is invaluable, and the process is simpler than you might think.