Indians with assets in the UAE face a hard reality: Without a locally-valid will, their wealth may not pass on as intended.
Legal systems differ sharply across jurisdictions, and in cross-border cases, the law of the country where the asset is located often takes precedence.
Where to register a will in the UAE
For non-Muslim Indians, two primary routes exist: The DIFC
Wills Service in Dubai and the Abu Dhabi Judicial Department (ADJD).
Alay Razvi, managing partner at Accord Juris, says that registering with DIFC allows individuals to opt out of Sharia-based inheritance and follow English common law principles.
“DIFC offers online registration and clear enforcement across UAE assets, but it comes at a higher cost,” he says.
ADJD, in contrast, is significantly cheaper and applies Abu Dhabi’s civil family law. However, it requires Arabic translation and operates through local courts.
Anjali Jhawar, an advocate at DM Harish & Co., says that DIFC wills are limited to certain jurisdictions like Dubai, whereas ADJD wills can extend across the UAE. “The choice depends on asset location, cost considerations, and legal preference,” she says.
An Indian will is not enough
A common mistake is assuming an Indian will cover overseas assets. It does not.
“An India-registered will does not automatically protect UAE assets,” says Razvi. “A separate UAE will is essential to ensure enforceability and avoid default inheritance rules.”
Varun Kalsi, director – private client at Cyril Amarchand Mangaldas, reinforces this: “Where assets span multiple jurisdictions, separate wills help avoid delays, revalidation, and conflicts between legal systems.”
What happens if there is no will
If an Indian expat dies intestate (without a will), UAE law governs UAE-based assets. For non-Muslims, this typically means:
· 50 per cent of assets go to the spouse
· 50 per cent is divided equally among children
The family must follow a structured process, starting with a UAE death certificate, then applying for a succession certificate through local courts.
“Beneficiaries must provide proof of relationship, identity documents, and sometimes witnesses,” says Kalsi. “Even if heirs live in India, they must comply with UAE procedures to access assets.”
Delays are common, especially when documentation is incomplete.
India and UAE assets are treated separately Cross-border estates are not settled as a single pool. Each country applies its own laws.
Madhura Samant, managing partner at Elarra Law Offices, says: “Immovable property is governed by the law where it is located. This can lead to outcomes very different from Indian succession norms.”
The practical implication: Estates in India and the UAE can be administered simultaneously, but through separate legal processes.
Employment benefits and other assets
End-of-service benefits, gratuity, and employer-held funds
are also treated as part of the estate. While employment law governs calculation and release, inheritance law determines distribution.
All in all, cross-border wealth without structured estate planning can lead to delays, legal costs, and unintended distribution.
As Samant puts it, “Advance planning, especially jurisdiction-specific wills, is critical to ensure efficient transfer of assets.”
For Indian investors abroad, estate planning is no longer optional. It is a risk-control measure.
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