An Islamic will in Dubai operates within statutory limits, including the one-third rule and restrictions on bequests to heirs.
An Islamic will in Dubai is governed by the will provisions of the Personal Status Law (Federal Decree-Law 41/2024, Articles 171 to 187). A will is executed within one third of the estate after funeral expenses and debts (Article 173). A will in favor of an heir needs the other adult heirs’ consent or the court’s approval (Article 184).
The rest of the estate passes under the inheritance rules.
The DIFC Courts’ wills service is for non-Muslims, so a Muslim’s will in Dubai follows the Personal Status Law.
Summary
A Muslim will operates alongside inheritance rules. The one-third limit follows funeral expenses and debts, while a bequest to an heir has additional conditions. Capacity, proof, revocation, obligatory bequests, and beneficiary acceptance also matter.
Document the will through the competent authority and review it after family or asset changes. The DIFC non-Muslim wills service is a different route.
Islamic Will In Dubai: Key Rules
The Law sets eleven rules for a valid will.
| Point | What The Law Provides | Article |
|---|---|---|
| What a will is | A disposition that takes effect after death. It can be absolute, restricted, or tied to a valid condition | 171 |
| Unlawful conditions | A condition against the Law, public order or morals is void, and the will stays valid | 172 |
| One-third limit | The will is executed within one third of the estate, after funeral costs and debts | 173 |
| Gifts during a fatal illness | A gift made during a fatal illness is treated as a will | 174 |
| Form | A will is made by words, spoken or written, or by an understood sign if the person cannot do either | 176(1) |
| Proof | If a will is denied, it is heard only with the testimony of two upright witnesses or their equivalent | 176(2) |
| Changing it | A will can be amended or revoked by word or act. A will documented before the competent authorities can be changed only in the same way | 177 |
| Who can make one | A person with full capacity. An interdicted person can make a will for charity with the court’s permission | 178 |
| Grandchildren | Grandchildren whose parent died before or with the deceased have an obligatory will within the one third, ahead of optional wills | 179 |
| Will to an heir | Valid only if the other adult heirs consent, for their share, or if the court finds a prevailing interest | 184 |
| Different religion | A will is valid even between people of different religions | 182 |
For estate planning involving children, review protecting children’s inheritance.
How To Make A Valid Islamic Will In Dubai
A will is stronger if it is documented and its terms fit the Law.
- List your assets in the UAE and your likely heirs.
- Decide who receives the one third, keeping in mind any obligatory will for grandchildren (Article 179).
- If you want to give an heir more, plan for the other heirs’ consent or the court’s approval (Article 184).
- Document the will before the competent authority, such as a notary, so it cannot be denied and can be changed only the same way (Articles 176 and 177).
- Name who will carry out the will, and keep the original safe.
- Review the will after any marriage, birth, death or change in assets.
An inherited Dubai property may also require registration of inherited property.
After Death
The will takes effect after death through acceptance.
- A beneficiary who is a named person accepts the will after death, and ownership passes from acceptance (Article 185).
- If a beneficiary does not accept or reject, an interested party can ask the court to give him up to 30 days, after which silence counts as rejection (Article 187).
- If the estate includes real rights in Dubai, an inheritance declaration is recorded in the Real Property Register (Dubai Law 7/2006, Article 11).
Discuss Your Islamic Will
If you want to make an Islamic will, you can send us a summary of your assets and family on WhatsApp.
For the distinction between parentage and inheritance, read about parentage and inheritance rights.
Frequently Asked Questions
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