For many residents in Abu Dhabi, estate planning can feel complicated. Bank accounts, gratuities, property, and overseas assets all raise the same questions: which rules apply, and will a will be recognised here? In the past, uncertainty often left families exposed.
The new Last Will and Testament template from Abu Dhabi’s Civil Family Court helps address this challenge. It provides a clear, bilingual structure for succession. Still, families with cross-border assets will need to plan beyond the UAE.
The Abu Dhabi Judicial Department (ADJD) standardised this process in 2023 through Form ADJD-NM0723-07-03, a bilingual (Arabic–English) document issued under the Civil Family Court. Its introduction builds on broader reforms, including Law No. 14 of 2021 on civil family matters for foreigners and Federal Decree-Law No. 41 of 2022 on Civil Personal Status, effective February 2023. Together, these measures created a separate legal track for non-Muslims, moving inheritance away from Sharia defaults and toward civil rules that emphasise fairness and gender equality.
Comparing Abu Dhabi’s Old and New Last Will and Testament Frameworks
Aspect | Previous Practice (Pre-2021/2022) | New Civil Family Court Will (2023 Template) |
Jurisdiction | Wills often registered at DIFC Wills Service Centre in Dubai or as notarial wills; enforceability in Abu Dhabi sometimes less predictable. | Registered directly with Abu Dhabi Civil Family Court, bilingual form, enforceable under UAE civil law. |
Applicable Law | Default to Sharia unless expressly excluded; gender-based inheritance rules applied in intestacy. | Federal Decree-Law 41/2022 ensures civil law applies; intestacy gives 50% to spouse, equal shares to children regardless of gender. |
Language | Typically Arabic; English wills required translation; risk of inconsistencies. | Fully bilingual Arabic–English form, reducing translation disputes. |
Guardianship | Limited, often handled separately or defaulted to Sharia guardianship rules. | Explicit permanent and interim guardianship appointments integrated in the will. |
Executor Powers | Narrower, required court approvals for many steps. | Trustees given broad powers to manage assets “as if absolute owners.” |
Asset Scope | Often unclear whether gratuities, insurance, and foreign assets were covered. | Explicit inclusion of gratuities, death-in-service benefits, insurance proceeds, shares, investments, and all UAE assets. |
Letters of Wishes | Not formally recognised in earlier templates. | Formally acknowledged; executors directed to follow signed, dated informal instructions. |
The new will template is comprehensive. It revokes earlier UAE wills, limits its scope to assets in the Emirates, and sets out clear rules on executors, trustees, debt settlement, and asset distribution, including gratuities and insurance. Guardianship provisions stand out, while trustees are given wide powers with limited oversight subject to court supervision if disputes arise.
Regarding Guardianship provisions, the newly introduced will template helps clarify the details of guardianship in situations with children involved. It emphasises that the benefits of the new will are not only limited to finances and estates but also include the appointment of guardians to best protect your family interests.
In the past, many wills were registered at the DIFC Wills Service Centre or as notarial documents, often raising enforcement issues. Without a valid will, estates defaulted to Sharia rules, resulting in unequal outcomes for non-Muslim heirs. The new Civil Family Court template resolves this by offering a bilingual, court-recognised form under UAE civil law, ensuring equal rights for children, recognising Letters of Wishes, and covering gratuities and insurance.
Additionally, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status underlines the limitations surrounding the adherence of non-local residents of the UAE to its provisions. Article 1(1) highlights that expatriates have been given the option to apply their home country’s rules. However, local laws are still enforced on real estate in the UAE, unless a will is registered.
Still, the template has limits. It applies only to UAE assets, fixes UAE law as governing, and relies on Letters of Wishes and broad trustee powers that may invite disputes. Even so, it provides a strong foundation for succession planning and greater clarity for families, though cross-border estates still require foreign wills and tailored legal advice.
Abu Dhabi’s reforms are an important step toward inclusivity and certainty in succession planning. Yet the new form should be seen as a beginning, not a complete solution.
Non-Muslim residents and families with assets in Abu Dhabi should review their estate plans in light of the new Civil Family Court will template, especially where property extends beyond the UAE. A coordinated strategy across jurisdictions remains essential to ensure that wishes are respected and families are protected.
Our team can advise on drafting, registration, and cross-border structuring to ensure your wishes are upheld and your family is protected.
For information and guidance, please contact Suneer Kumar, Head of Corporate Practice at suneer@alsuwaidi.ae and Vida Grace Serrano, Corporate Senior Associate at Vida@alsuwaidi.ae