5 Key Elements Every Valid Will in the UAE Must Include

Creating a Will is one of the most important legal decisions you can make in your lifetime. It ensures your assets are distributed as per your wishes and protects your loved ones from unnecessary legal complications. In the UAE, however, the rules around Wills are different from many other countries, especially for expatriates. That’s why it’s critical to ensure your Will not only reflects your intentions but also complies with local legal standards.

So before you get started, here are the 5 key elements every valid Will in the UAE must include.

1. Accurate Identification of the Testator

The first and most basic requirement is to clearly identify the person creating the Will/ the testator. This may seem straightforward, but accuracy is crucial, particularly in a multicultural country where similar names and naming conventions are common.

Your Will should include:

• Full legal name
• Nationality
• Passport number (and Emirates ID, if applicable)
• Residential address in the UAE

Establishing your identity helps prevent confusion or disputes later, especially during the probate process. At Legal Inz, we ensure this information is clearly presented at the outset of your Will.

2. Appointment of an Executor

An executor is the individual or institution you appoint to carry out the terms of your Will. This person will be legally responsible for managing your estate—distributing assets, settling debts, and managing the probate process.

A valid Will should include:

• Full name and contact details of the executor
• A secondary (Alternate) executor, in case the primary is unable or unwilling to act

Choosing someone trustworthy, responsible, and ideally familiar with UAE legal procedures is vital. You may also appoint a professional or legal entity like Legal Inz as your executor to ensure the smooth execution of your wishes.

3. Clear Distribution of Assets

This is the core of your Will, specifying who inherits what. It’s important to detail how your assets should be divided among your chosen beneficiaries.
Your Will should include:

• A list of your major assets (like real estate, bank accounts, investments, personal items) as per your wishes.
• The full names of beneficiaries
• The exact share or specific items each beneficiary is to receive
• Alternate beneficiaries in case a primary beneficiary predeceases you or is unable to inherit

Avoid vague instructions like “divide equally among my children” without specifically naming them. While such clauses may still be enforceable, they can lead to unnecessary complications, delays, or disputes during the execution process in the UAE.

4. Guardianship Clause for Minor Children

If you have children under the age of 21, this clause is critical. In the UAE, guardianship doesn’t automatically pass to the next of kin in the event of a parent’s passing. Without a legal Will that includes guardianship appointments, your children could be placed under state custody while courts decide on their care.

Your Will should name:

• A primary guardian
• A secondary (alternate) guardian

You can also name an interim (temporary) guardian, who can take immediate responsibility for the children until the permanent guardian is appointed through the proper legal process

Both individuals should be informed of your decision and be willing to accept the responsibility. Including this clause protects your children from uncertainty and ensures they are raised by the people you trust.

5. Proper Signing and Witnessing

A Will, no matter how well written, is invalid if not properly signed and witnessed.

Under UAE regulations, a Will must:

• Be signed by the testator
• Be witnessed by two independent adults who are not beneficiaries or spouses of beneficiaries (required for DIFC Wills only; not mandatory for ADJD Wills)
• Be dated at the time of signing

For registered Wills, DIFC has formal requirements for signing and witnessing, which must be followed precisely, whether in person or via approved virtual sessions.

Final Thoughts

Writing a Will is more than a legal formality, it’s about protecting your legacy and ensuring peace of mind for your loved ones. In the UAE, overlooking key legal elements can result in delays, disputes, or even the Will being declared invalid.

At Legal Inz, we’ve helped thousands of individuals create Wills that are legally valid, clearly structured, and fully compliant with UAE laws. Our team ensures the entire process is handled with clarity, care, and complete confidentiality. And yes, even Will registration in the UAE can be done entirely online.

Ready to protect your family and secure your legacy?

Speak to a Legal Inz expert today and get started on your UAE Will with full legal confidence.