ADJD Civil Wills for Foreign Muslims in the UAE: Legal Position and Practical Implications

The Abu Dhabi Judicial Department (ADJD) has introduced important changes to its civil wills system, allowing certain foreign Muslims residing in the UAE to register civil wills through the Abu Dhabi Civil Family Court.

This development has attracted significant attention because inheritance matters involving Muslims in the UAE have traditionally been governed by Sharia principles, particularly where no registered will existed. The recent position adopted by the ADJD indicates a broader approach towards succession planning for expatriates and provides greater flexibility in determining how assets may be distributed after death.

The change is particularly relevant for expatriate Muslim families holding property, business interests, bank accounts, or investments within the UAE.

Legal Background Under UAE Law

Inheritance matters in the UAE are generally governed under Federal Decree-Law No. (41) of 2022 on Civil Personal Status and Federal Decree-Law No. (28) of 2005 on Personal Status, together with local procedural regulations relating to wills and probate.

Historically, Sharia principles applied by default in inheritance matters involving Muslims, especially in the absence of a legally recognised will. Under the traditional position, fixed inheritance shares would generally apply to spouses, children, parents, and other heirs.

For non-Muslims, the UAE had already introduced separate succession mechanisms through civil laws and specialised court systems, including the DIFC Wills regime and the Abu Dhabi Civil Family Court.

The Abu Dhabi Civil Family Court itself was established under Abu Dhabi Law No. (14) of 2021 Concerning Personal Status for Non-Muslim Foreigners. The law created a civil system dealing with matters such as marriage, divorce, inheritance, and wills for non-Muslim foreigners residing in Abu Dhabi.

Recent ADJD Position on Civil Wills for Foreign Muslims

While Abu Dhabi Law No. (14) of 2021 was originally directed towards non-Muslim foreigners, recent procedural developments and practices adopted by the Abu Dhabi Judicial Department have expanded the practical use of civil wills in certain cases involving foreign Muslims.

As a result, foreign Muslim expatriates are increasingly able to register civil wills through the ADJD system, allowing them to structure asset distribution in a manner that may differ from traditional Sharia inheritance proportions.

This has become particularly relevant following updates and procedural implementation measures introduced by the ADJD and applied from June 2026 onwards.

In practical terms, eligible foreign Muslims may now register wills specifying beneficiaries, guardianship arrangements, and asset distribution preferences, subject to acceptance by the competent authorities and compliance with UAE legal requirements.

Does This Mean Sharia Inheritance Principles No Longer Apply?

The legal position must be understood carefully.

The recent developments do not amount to a complete removal of Sharia principles from inheritance matters involving Muslims in the UAE. Rather, they indicate that certain foreign Muslims may now use civil will registration systems to organise succession arrangements differently through recognised legal procedures.

The enforceability of such arrangements will continue to depend on several factors, including the nationality and residency status of the individual, the location and nature of assets, procedural compliance, and recognition by the relevant courts and authorities.

Accordingly, the issue is not whether Sharia law has been abolished in inheritance matters, but whether the UAE legal system now permits greater flexibility for certain expatriate Muslims through registered civil wills.

Why This Development Is Important

The practical importance of this change is significant for expatriate families residing in the UAE.

Under traditional inheritance rules, asset distribution could occur according to mandatory Sharia shares, which may not always align with the personal or financial intentions of the individual concerned. Through ADJD civil wills, certain foreign Muslims may now have greater ability to determine how assets are distributed upon death.

This is particularly relevant in situations involving minor children, spouses, blended families, business succession planning, or assets spread across multiple jurisdictions.

The changes also reflect the UAE’s broader approach towards modernising succession and family law systems for expatriates residing in the country.

Difference Between ADJD and DIFC Wills

The UAE currently operates multiple will registration systems.

DIFC Wills operate within the DIFC jurisdiction and are commonly used for assets connected to Dubai or held by expatriates seeking common law style succession arrangements.

ADJD civil wills, on the other hand, operate through the Abu Dhabi Civil Family Court system and may provide broader accessibility for expatriates residing across the UAE.

The appropriate structure depends on the nationality, religion, residency status, asset profile, and succession objectives of the individual concerned.

Practical Considerations

The growing use of ADJD civil wills by foreign Muslims is likely to increase the importance of proper succession planning within the UAE.

A will that is incorrectly drafted, improperly registered, or inconsistent with cross-border inheritance rules may still lead to disputes, delays, or enforcement complications. This becomes particularly important where assets are located in multiple jurisdictions or where foreign succession laws may also apply.

For this reason, estate planning in the UAE increasingly requires both procedural compliance and careful legal structuring.

Conclusion

The expansion of ADJD civil wills for certain foreign Muslims represents an important development in UAE succession law.

While Sharia principles continue to remain part of the UAE inheritance system, the current position adopted by the Abu Dhabi Judicial Department reflects greater flexibility for expatriates seeking structured estate planning solutions through recognised civil procedures.

The focus is no longer simply on whether a will exists, but whether it has been legally structured and registered in a manner capable of achieving the intended result.

How We Can Assist

At Malhotra Legal Consultancy, we advise clients on wills, succession planning, inheritance matters, and probate procedures across the UAE.

Our services include advisory and drafting assistance relating to ADJD civil wills, DIFC wills, succession structuring, and cross-border inheritance considerations.