Estate Planning in UAE
Overview of Estate Planning
At Emirates Advisory, we understand how crucial it is to protect your family’s financial status and future. Our legal experts provide personalised assistance and simplify the complex process of estate planning to ensure your wishes are honoured, and the future of your loved ones are safeguarded. From drafting Wills and creating trusts to overseeing the distribution of assets and making tax planning strategies, our experienced legal team is dedicated to assisting you in developing a strong legacy plan that will protect your assets for your loved ones.
The Importance of Estate Planning in the UAE
Estate planning was previously considered a privilege available only to wealthy individuals. But this perception has changed now. Estate planning today provides valuable benefits to people regardless of their wealth.
It plays a crucial role in safeguarding your assets for your loved ones while minimising taxes on the wealth you intend to pass on to your descendants. In addition, the estate planning process can simplify transferring your assets, helping to avoid delays caused by long probate processes and ensuring that your beneficiaries get their inheritance without unnecessary waiting.
Why is estate planning particularly important in the UAE?
Complexities of Shariah Law: The UAE’s laws for succession and assets are based on Islamic Shariah law. Without a valid Will or proper estate planning, the courts will apply these Islamic Shariah laws or principles that may not align with your wishes or your family’s needs.
Foreign Nationals and International Assets: The UAE’s large foreign national community typically holds assets in various nations, including their home countries. A well-planned estate plan is essential to ensure that you can navigate the different legal jurisdictions and smooth the transfer of your assets to your loved ones.
Forced Heirship Rule: Under UAE’s Shariah law, asset distribution follows a predetermined formula, which imposes strict rules regarding the distribution of assets to the heirs. Estate planning lets you have more control over the distribution of your assets to avoid beneficiary disputes.
Asset Protection from Creditors: A well-structured estate plan can safeguard your assets from creditors or other claimants who may seek to access your estate due to unpaid debts or legal liabilities.
Estate Planning Services
Our estate planning services are designed to provide tailored solutions for managing and preserving your wealth while ensuring a seamless transfer to beneficiaries. Here’s an overview of our key services for a well-structured probate or succession planning.
Wills and Testaments
We specialise in the meticulous draft and examination of Will to ensure that your assets are distributed according to your wishes. Establishment of trust funds that can help protect and manage your wealth effectively. Trust funds can be for specific beneficiaries or charitable purposes. Our team assists in revocable and irrevocable trusts designed for asset preservation and optimising tax planning strategies.
Real Estate Management
Navigating the probate process can be challenging, especially when dealing with real estate. We assist executors and administrators by guiding the legal requirements and methods for managing real estate. Our team assists in resolving complex issues relating to the valuation of assets and distribution of real estate.
Business Succession Planning
For business owners, planning for the future is essential. We provide complete assistance in creating succession plans that assure a smooth management and ownership transition. Our legal team assists in establishing legal frameworks for transferring your business assets to family members or specific successors, addressing important tax implications, and ensuring the seamless continuity of your business.
Wills and Inheritance Issues
We assist wealthy individuals in probate and Will authentication to ensure the smooth process of liquidation for estates. We also handle inheritance disputes and contested Wills, offering professional and effective representation in related legal matters.
Asset Protection
Our tailored strategies safeguard your assets from possible risks and claims. Our team is expert in creating legal structures, such as family trusts or offshore entities, designed to shield your wealth from creditors and legal obligations.
Charitable Giving
We offer professional guidance on charitable endeavours and help clients to develop effective strategies for giving. This involves the creation of foundations to maximise the tax benefits.
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Understanding Estate Planning in the UAE
Legal Framework:
Sharia law governs estate planning in the UAE and applies only to Muslims. However, non-Muslims have the option to choose between the inheritance laws of their home country or adhere to local laws. A person must understand the legal requirements that govern estate planning to avoid a situation where an estate plan does not reflect a person’s beliefs or intentions.
Wills and Testaments:
Creating a legally valid Will is a crucial component of estate planning. A UAE-Will allows you to outline how your assets will be distributed, designate an executor to manage your estate and appoint guardians for minor children. It is important to ensure that your Will complies with the UAE’s legal requirements to guarantee its enforceability.
Guardianship:
If you have minor children, estate planning allows you to make guardians who will be responsible for the children in cases of disability or death of the parent. Choosing the right guardians ensures that your children’s welfare and upbringing align with your wishes.
Asset Protection:
Estate planning helps protect your assets from potential risks and creditors. Tools like trusts and other legal structures, you can secure your wealth and control its distribution after death.
Tax Considerations:
It is essential to comprehend the tax factors in estate planning. Currently, there is no inheritance or estate tax in the UAE. However, other forms of taxes, such as capital gains tax, may be imposed on certain assets. Consulting reputable estate planning professionals can assist you with the tax framework and enhance your estate planning strategy.
Business Succession:
If you own a business, estate planning can help prevent disputes over succession when passing the business on to the next generation. This entails formulating a succession plan concerning the future leadership of the company and considering any relevant tax or legal issues.
Charitable Giving:
Philanthropy is an important aspect that can be beneficial in estate planning strategy. Some ways of supporting charity include contributing to charity organisations or creating charitable organisations to be included in your Wills and estates.
Why Are Regular Estate Plan Checkups Important?
An estate plan is the most effective way to ensure your assets are protected, your wishes will be honoured, and your loved ones will be cared for. However, estate planning is not a one-time task. Life changes, laws evolve, and your priorities may shift over time. These reasons explain why constant scrutiny is required to ensure the estate plan remains relevant, effective, and aligned with your current needs. Here’s why periodic checkups are indispensable:
Adapting to Life Changes
Life is unpredictable, and significant events such as divorce, marriage, the birth of a child, and the passing of a loved one can significantly influence an estate plan. A regular review ensures your plan accurately reflects your current family dynamics, addresses the needs of beneficiaries, and considers any new people who may significantly impact your life.
Compliant with Legal Changes
Estate planning laws and regulations are constantly changing. Periodically reviewing your estate plan ensures it complies with the latest legal requirements and leverages new opportunities. This is especially important if you own assets in multiple jurisdictions or live in a country with specific asset management rules, such as the UAE.
Asset Growth or Changes
As your financial situation evolves, your assets may grow and change. Evaluating and updating your estate plan frequently will enable you to check on the effectiveness of your asset protection plan and make necessary adjustments to safeguard your wealth.
Ensuring Your Wishes Are Honored
Your estate plan is your blueprint to determine how your wealth will be divided and who will handle your affairs. Regularly reviewing your plan is essential to ensure it aligns with your current wishes, reducing the possibility of litigation or disputes later. Regular updates also allow you to share any modifications in your wishes with family members and other people who lived in the administration of your estate.
Achieving Peace of Mind
Keeping your estate plan up to date gives you peace of mind that everything is in order and your loved ones will be cared for as you intend.
Working with professionals
Working with professionals in estate planning in the UAE is essential due to the complexity of local laws, especially for expatriates. Legal experts ensure compliance with the UAE’s inheritance regulations, which differ from those in other countries. They help navigate Sharia law-based inheritance rules, tailor Wills to safeguard assets, and mitigate potential disputes.

Why Choose Emirates Advisory for Estate Planning in UAE?
At Emirates Advisory, our legal team offers unparalleled expertise and provides bespoke assistance to high-net-worth individuals throughout the estate planning process while ensuring it is fully compliant with both local and international regulations.
We prioritise confidentiality and trust, offering regular reviews to keep your estate plan updated in response to changes in assets, family, or regulations. With our global expertise and proven track record, Emirates Advisory helps safeguard your legacy with a proactive, holistic approach. Contact Emirates Advisory today for a free consultation.