Indian expats in UAE must sign Wills? Experts list reasons for it

Legal experts urge Indian professionals in the UAE to register local Wills to prevent asset freezes and ensure seamless cross-border inheritance for their families.

For Indian professionals working in the United Arab Emirates (UAE), property, savings and employment benefits often accumulate across jurisdictions. Legal experts say many expatriates overlook a basic estate-planning step: Drafting and registering a Will in the UAE.

 

Why a UAE Will matters

 

A registered Will ensures that assets are distributed according to the deceased person’s wishes and avoids legal uncertainty for family members. “A Will gives the deceased real control over who inherits, who administers the estate, and who looks after minor children,” said Daksh Ahluwalia, founder of Aikyam Law Offices.

 

Without a Will, families can face delays and legal complications. Bank accounts may be frozen until courts determine heirs. “In practical terms, UAE bank accounts and other assets are often inaccessible until the succession process is regularised by the court,” Ahluwalia said.

   

Similarly, Tushar Kumar, advocate, Supreme Court of India, noted that intestate can trigger prolonged legal proceedings and judicial supervision before heirs are recognised. This can expose dependants to “avoidable hardship and uncertainty”.

 

What happens if someone dies without a Will

 

The rules depend largely on religion and applicable laws. For Muslims, inheritance typically follows Sharia principles, where shares are predetermined among heirs. “Sharia law principles will continue to govern succession for Indian Muslims, and they may not derive the benefit of the civil 50-50 rule,” said Varun Kalsi, director, private client, Cyril Amarchand Mangaldas.

 

For non-Muslims, newer civil laws apply a default formula. “The default rule generally gives half the estate to the spouse and the remaining half equally among children,” explained Namrata Shah, partner, Rashmikant & Partners.

 

Where can Indian expats register a Will?

 

UAE residents have multiple avenues to register Wills. “For Indians residing in the UAE, there are mainly three avenues for registering their Wills — the Dubai International Financial Centre (DIFC), Dubai Courts or the Abu Dhabi Judicial Department (ADJD),” said Anjali Jhawar, advocate, D.M. Harish & Co.

 

DIFC Wills are available only to non-Muslims and follow English common law, while ADJD Wills apply across the UAE and are governed by civil family law. Registration costs also vary significantly, with ADJD typically being cheaper than DIFC.

 

Choice of registry can depend on where the assets are located. “Free zones such as DIFC apply English common law principles and have their own courts, which are distinct from mainland UAE laws,” said Alay Razvi, managing partner, Accord Juris.

 

Managing assets across India and the UAE

 

For expats with assets in multiple countries, experts recommend careful planning. “An India-registered Will would not automatically protect UAE assets and a separate UAE Will is generally required,” Jhawar explained.

 

Razvi added that beneficiaries may need to initiate legal proceedings in both jurisdictions depending on where the assets are located. As a result, many lawyers advise maintaining separate Wills for different jurisdictions to avoid conflicts.

 

Overall, estate planners say the message for Indian expatriates is straightforward: Cross-border assets require proactive planning. A properly registered Will can help families avoid complex legal processes at a time of grief.