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Many non-Muslim expats believe that once they’ve signed a notarial will, their plans for guardianship and inheritance are secure.
But despite appearing compliant, these wills can still be subject to local interpretation and may not offer full protection. For greater legal certainty, many now turn to the DIFC Wills and Probate Registry, which provides a common law framework specifically designed for non-Muslims in the UAE. The result is a process that offers greater consistency and fewer unknowns.
This article explains how notarial wills leave gaps, how the DIFC process closes them and why that difference matters if you have children, property or future plans tied to the UAE.
What is a notarial will, and where it falls short
A notarial will is signed in the presence of a Dubai Courts notary, usually in Arabic, sometimes with an English version attached. For expats, it’s often seen as a quick and affordable way to set out who inherits what and who should act as executor or guardian.
It’s simple on paper, but in practice, the structure has clear limits. These wills are stored within the court system but aren’t part of a searchable registry. That can make them hard to retrieve or confirm, particularly if the family lives overseas or isn’t fluent in Arabic.
There’s also no guarantee a notarial will is enforced as intended. Judges have wide discretion when deciding whether the document meets legal standards. If parts of it are vague, unregistered or poorly translated, the court may apply default rules instead of following what’s written.
This has happened in practice. One case involved a European expat who left instructions for his Dubai property to go to his wife and children. The will was valid in form, but the court split the estate based on fixed shares, citing the way the document had been drafted and filed.
Guardianship cases show the same kind of risk. Courts don’t always follow the named guardian if the will lacks clarity or hasn’t gone through a recognised system. Depending on the situation, guardianship could be granted to extended family, another party, or in rare cases, to the state, particularly when both parents are gone or unavailable.
These outcomes don’t apply across the board, but where there’s legal ambiguity, the court has room to decide. That means, without a well-defined structure, families can lose control over key decisions.
How DIFC wills ensure certainty
The DIFC Will avoids this uncertainty by operating under a separate legal system. It’s prepared and registered under DIFC Courts, which follow common law and support full testamentary freedom for non-Muslims. That allows parents to appoint guardians, spouses to transfer property, and beneficiaries to be named without restrictions. These instructions are legally binding and enforced by the DIFC without needing approval from Dubai Courts.
The process is clearly laid out. Wills are registered electronically, witnessed in person or remotely via video, and held securely in the DIFC Wills and Probate Registry. Disputes, if they arise, are resolved directly within the DIFC Court system. There’s no need for referral to a local court, no requirement for Arabic translation and no judicial discretion over the substance of the will. The outcome follows the document as written.
DIFC Wills can be created as Single Wills or Mirror Wills for couples, and can cover real estate, bank accounts, business shares, personal belongings and guardianship appointments. The process is open to non-Muslim residents or property owners aged 21 or over with assets in the UAE.
For families with children, interim and permanent guardianship provisions can be built into the will. These allow for short-term care decisions to be made immediately, without delay, while longer-term arrangements are formalised.
This framework reflects recent changes in the law. Under Federal Decree Law No. 41 of 2022, non-Muslims can now manage inheritance and family matters through civil law, rather than Sharia principles. The DIFC Will provides a recognised way to do this, with a clear enforcement route and minimal procedural risk.
The process can even be completed via remote video signing if you are based overseas. Most appointments are completed within a few days and the registration itself is typically handled by legal or corporate service firms familiar with the formalities.
A simple step that protects what matters
If you’re a non-Muslim expat with dependents or assets in the UAE, a DIFC Will can give you structure, clarity and legal certainty.
The DIFC system removes ambiguity, ensures your instructions are recorded in the right format, and offers a direct route to enforcement without the need to rely on secondary court approval.
How can The Knightsbridge Group help?
The Knightsbridge Group has over a decade of experience guiding international families through succession planning, DIFC Will registration and guardianship arrangements in the UAE. If you’re ready to put the right structure in place to protect your assets and dependents, we’re here to help. To speak with a specialist, email us at [email protected].