A Guide for Expats in Ras Al Khaimah: Wills and Guardianship Documents

Ras Al Khaimah has emerged as a key destination for expatriates in the UAE, driven by its strategic location, favourable property ownership laws, and growing investment opportunities. Consequently, the need for proper estate planning, including wills and guardianship arrangements, has become increasingly vital for both new and long-term residents.

This article is a guide for expats living in Ras Al Khaimah to help them understand the different types of valid options in the UAE available to them (i) to make a Will and (ii) for guardianship arrangements for minor children.

The UAE legal framework governing Wills applies to expats in Ras Al Khaimah and this distinguishes between expats who are Muslim and those who are non-Muslim (i.e. a foreign national living in the UAE who does not follow Islam).

Please note that “testator” means the person who is making the Will.

Applicable Law

• Muslim Expats in Ras Al Khaimah
  Federal Decree No. 28/2005 abrogated by Federal Decree-Law No. 41/2024 effective as of the 15 April, 2025 ("Personal Status Law")
• Non-Muslim Expats in Ras Al Khaimah
  Federal Law No. 41/2022 ("Civil Personal Status Law")

Who is recognised as a legal spouse?

• Muslim Expats in Ras Al Khaimah
  A husband or wife of a marriage which has been officially registered with the competent UAE authority (the local Courts of the relevant emirate) if married within the UAE and if married outside of the UAE the marriage certificate must be attested by the Ministry of Foreign Affairs in the UAE.
  
  Note: the process for having a marriage certificate attested is as follows:
  (1) the certificate must be notarised by a notary public or equivalent in the country of marriage
  (2) it is then attested by the Ministry of Foreign Affairs of the country of marriage as well as the UAE Embassy in the country of marriage; and
  (3) the certificate is finally attested by the Ministry of Foreign Affairs in the UAE.
• Non-Muslim Expats in Ras Al Khaimah
  A husband or wife of a marriage which has been officially registered with the competent UAE authority (the Civil Family Court) if married within the UAE and if married outside of the UAE the marriage certificate must be attested by the Ministry of Foreign Affairs in the UAE.
  
  Note: the process for having a marriage certificate attested is as follows:
  (1) the certificate must be notarised by a notary public or equivalent in the country of marriage;
  (2) it is then attested by the Ministry of Foreign Affairs of the country of marriage as well as the UAE Embassy in the country of marriage; and
  (3) the certificate is finally attested by the Ministry of Foreign Affairs in the UAE.
  
  Note: civil partnerships between a man and a women which are available in some European jurisdictions are not recognised as marriage in the UAE. It is worth noting that same sex marriages are not recognised under Sharia law, thus it is not a recoginsed form of marriage in the UAE.

Why is it important to have a Will?

• Muslim Expats in Ras Al Khaimah
  In the absence of a valid UAE Will, a Muslim expat’s estate is distributed according to Sharia law, which prescribes fixed inheritance shares that may not align with the deceased’s intentions.
  
  Under Sharia principles, male heirs (children of the deceased) typically receive twice the share of female heirs, and the allocation of assets is strictly regulated, which can limit the inheritance received by spouses and children. However, if no male heirs are present (due to their death or absence) the rule of double shares does not apply.
  
  The Personal Status Law enables Muslim expats to request (via a Will) the application by the UAE Courts of their home country’s personal status laws with regard to inheritance, even if such laws are not based on Sharia principles provided they do not conflict with the Personal Status Law. Such Wills for Muslim expats may be recognised and applied to the extent of one-third of the deceased's estate, in accordance with Sharia inheritance laws.
• Non-Muslim Expats in Ras Al Khaimah
  Without a valid UAE Will in place, a non-Muslim expat’s estate is determined under the Civil Personal Status Law. This provides that assets will be distributed equally between the deceased’s (1) legal spouse and (2) children (i.e. a one half will be distributed to the legal spouse, and the other half will be distributed to the deceased’s children to be shared amongst them with no differentiation between male or female heirs).
  
  In the event the deceased has no children, the remaining half shall be distributed to the parents of the deceased. If the parents are both deceased then it shall be distributed to the deceased’s siblings (divided equally among them with no differentiation between male or female siblings).
  
  Non-Muslim expats can avoid this default position under the Civil Personal Status Law if they have a Will which is valid in the UAE.
  
  While many non-Muslim expats have Wills in place in their home countries (referred to in this article as a Foreign Will) many are unaware that such a Will is not automatically valid in the UAE - it takes time, money and a complex process to enforce a Foreign Will in the UAE after the person’s death. These enforcement procedures cannot be done prior to death and can delay the release of inheritance, prevent immediate access to local assets, and often cause financial hardship for dependents left behind due to frozen bank accounts and suspended property dealings during the probate process.
  
  In order to avoid a lengthy, costly, and legally complex asset transfer process (which can carries a risk that the deceased’s intentions are not adhered to) it is recommended that non-Muslim expats put a UAE registered Will in place.
  
  Having a UAE-registered Will (whether through the DIFC Wills Registry, Dubai Notary or Abu Dhabi Judicial Department) provides legal certainty and ensures that the testator’s wishes can be implemented smoothly and efficiently under UAE law. It significantly reduces administrative hurdles, avoids conflicting interpretations of foreign law, and offers a clear framework for succession planning for non-Muslim expats with assets in the UAE. Please note that in this article we focus on the onshore UAE Courts offering for Wills provided by the Abu Dhabi Judicial Department given its very well established processes.

How do I avoid these consequences?

• Both Muslim and Non-Muslim expats in Ras Al Khaimah can avoid the above scenarios by putting in place a valid Will in the UAE.

Options for making a Will

• Muslim Expats in Ras Al Khaimah
  Muslim expats in Ras Al Khaimah are required to ensure that their wills are fully compliant with Sharia principles, as these govern succession for Muslims in the UAE. A Sharia-compliant Will must be:
  
  (1) Registered with the local UAE courts, typically through the Personal Status Court.
  (2) Drafted in Arabic (or translated into Arabic by a certified legal translator), to ensure enforceability before the courts.
  (3) Executed in the presence of either two Muslim male witnesses, or one Muslim male and two Muslim female witnesses, all of whom must be of sound mind, over the age of majority, and not named as beneficiaries under the will.
  
  Importantly, a Sharia-compliant Will allows a Muslim testator to bequeath up to one-third of their estate to non-heirs (such as friends, charities, or distant relatives). The remaining two-thirds must be distributed strictly in accordance with Sharia’s fixed heirship rules, which allocate shares among close relatives such as spouses, children, and parents.
  
  Any assets not expressly covered in the Will—or any attempt to dispose of more than one-third to non-heirs without the consent of Sharia heirs, will default to distribution under the mandatory Sharia inheritance framework. This ensures that the statutory shares prescribed by Islamic law are respected, regardless of personal preference.
• Non-Muslim Expats in Ras Al Khaimah
  In order to bypass the Civil Personal Status Law default inheritance laws non-Muslim expats in Ras Al Khaimah (and in other Emirates) must ensure that their Wills either (1) comply with the Civil Personal Status Law and are recognised by UAE onshore courts (“Onshore UAE Will”), or (2) prepare and register their Wills via the DIFC Courts Wills service (“DIFC Will”)
  
  Considering each of these options further:
  
  Onshore UAE Will
  (1) Available before the onshore UAE Courts. Given the very established process set up by the Abu Dhabi Judicial Department (“ADJD”) for non-Muslim expats, this article focuses on their offering. A Will administered by ADJD allows non-Muslim expats (in Ras Al Khaimah and any other Emirate) to opt out of the default inheritance rules under the Civil Personal Status Law.
  (2) Wills are drafted in dual English and Arabic; registered before the Abu Dhabi onshore Court, and can also appoint guardians for minor children.
  (3) Legal spouses can put in place “Mirror Wills” which are two Wills which have almost identical provisions e.g. each spouse leaves their assets to the other spouse and if both have died to the same beneficiaries e.g. to their children.
  
  DIFC Will
  (1) The DIFC Courts Wills Service Centre provides non-Muslim expats (residing anywhere in the UAE) with a flexible framework to register Wills that are directly enforceable in the UAE through the DIFC Courts.
  (2) Several types of wills are available, tailored to different needs:
  • Full Will – covers all of the testator’s UAE-based assets and guardianship arrangements in a single document.
  • Guardianship Will – limited to the appointment of permanent and interim guardians for minor children residing in the UAE.
  • Property Will – covers up to five real estate properties located in the UAE.
  • Financial Assets Will – applies to up to ten bank or brokerage accounts held with UAE-based financial institutions.
  • Business Owners Will – applies to shares in up to five companies incorporated in the UAE.
  (3) These options allow non-muslim expats to register a Will that fits their specific asset profile without the need for a comprehensive Will if one is not needed.
  (4) Legal spouses can put in place “Mirror Wills” which are two Wills which have almost identical provisions e.g. each spouse leaves their assets to the other spouse and if both have died to the same beneficiaries e.g. to their children.

What assets are covered in a UAE Will?

• Muslim Expats in Ras Al Khaimah
  Assets held in the UAE such as real estate, personal property (jewellery, art, other tangible items), bank accounts, investment accounts, business interests and digital assets.
• Non-Muslim Expats in Ras Al Khaimah
  Assets held in the UAE such as real estate, personal property (jewellery, art, other tangible items), bank accounts, investment accounts, business interests and digital assets. Noting that DIFC Wills can cover some or all of these depending on the type of Will the testator elects to make.

How do I make a Will? Do I need a lawyer to do this?

• Muslim Expats in Ras Al Khaimah
  A Muslim expat living in Ras Al Khaimah must submit a request to the Ras Al Khaimah Personal Status Court (if the expat is based outside of Ras Al Khaimah then the request is made to the Personal Status Court in their Emirate), detailing their name, beneficiaries, and assets. The judge ensures legal compliance and asset ownership before issuing an official registration certificate. The Will must be made in writing, signed by the testator, and attested before valid witnesses. Although the Personal Status Law theoretically recognises oral or gestured wills in exceptional cases (such as when a testator is unable to write), in practice UAE Courts require wills to be in written form for registration and enforcement.The registration fee for this service in Ras Al Khaimah is approximately AED 950 (note this fee is subject to change).
• Non-Muslim Expats in Ras Al Khaimah
  Onshore UAE Will - ADJD Will
  The non-Muslim expat must follow these steps:
  (1) using the form provided by the ADJD draft the Will themself or instruct a Will Draftsman to do so;
  (2) submit the application for registration via the ADJD website (documentation verifying identification, residency in the UAE ownership of the assets must be provided);
  (3) once the application has been checked by the ADJD an SMS message is sent to the testator informing them of the approval or the need to modify the application;
  (4) the testator must pay the court fee (AED 950 for a single will and AED 1,900 for mirror wills – note these fees are subject to change);
  (5) once the ADJD has approved the application the testator makes and attends an appointment to notarise the Will via video call.
  
  DIFC Will
  The non-Muslim expat must follow these steps:
  (1) select the type of Will to put in place (noting the different types above);
  (2) draft the Will themself using the form on the DIFC Courts’ website or instruct a Will Draftsman to do so;
  (3) DIFC Court fees to be paid (fees vary according to the type of Will, ranging from AED 5,000 to AED 15,000 plus VAT (excluding fees which may be charged by a Will Draftsman) - note these fees are subject to change); make and attend either an in-person or virtual appointment at the DIFC Wills Service Centre, along with identification to execute the Will and have it notarised.

What happens after I die?

• Muslim Expats in Ras Al Khaimah
  The process which happens to distribute assets (in accordance with the Will) after a Muslim expat dies is called probate.
  
  Duration of probate proceedings in Ras Al Khaimah varies significantly depending on whether a registered UAE will is in place or not:
  (1) If the deceased has no Will whatsoever the estate will be distributed according to the fixed Sharia shares among legal heirs. Before distribution, all debts, funeral expenses, must be settled.
  (2) If the deceased has a valid UAE Will the position is the same but the valid UAE Will (limited to one-third of the estate) must be settled before distribution according to the fixed Sharia shares among legal heirs.
  (3) The UAE Courts will not enforce a Foreign Will in respect of a Muslim expat’s estate if it contradicts Sharia Law.
  
  The process for all of the above scenarios begins with filing a Petition for Declaration of Heirs with the Personal Status Court, which verifies the heirs and issues a formal Heirs Declaration.
  
  Following this, the court oversees the distribution of assets, which typically involves transferring bank accounts, real estate, and other movable property to the respective heirs according to their prescribed shares.
  
  The duration of probate proceedings in the UAE generally ranges from three to six months, depending on the complexity of the estate, the number of heirs, whether there is a valid UAE Will and whether any disputes arise, though it can take longer. General costs are: 1. Opening of Estate File: AED 200 2. Execution of a Will: AED 1,000 3. Inventory of Estate Assets and Sealing: AED 500 4. Distribution of Estate Assets Registered in the Deceased’s Name: AED 500
  
  It is worth noting that these general costs are subject to change from time to time and may vary from one Emirate to another.
• Non-Muslim Expats in Ras Al Khaimah
  The process which happens to distribute assets (in accordance with the Will) after a non-Muslim expat dies is called probate.
  
  Duration of probate proceedings in Ras Al Khaimah varies significantly depending on whether a registered UAE will is in place or not:
  (1) If the deceased has a DIFC Will, the probate process is relatively efficient. It is often completed within four to eight weeks, as the DIFC Courts provide a streamlined process for probate for non-Muslim expats.
  (2) If the deceased has an Onshore UAE registered Will including a ADJD Will then timelines for Probate may range from two to four months depending on factors including Court caseloads.
  (3) Where no valid UAE Will is in place and only a Foreign Will is in place and is being relied upon, the probate process can extend to six months or more due to the need for authentication, legalisation, translation, and attestation of the Foreign Will, as well as the potential for disputes to arise in that process over its recognition.
  (4) If the deceased has no Will whatsoever, the estate will be distributed by the Ras Al Khaimah Court under the Personal Status Law. This would typically involve the legal spouse (or another eligible heir) making an application to the Court to initiate the process. The costs for such proceedings generally range from approximately AED 5,000 to AED 20,000, depending on the complexity of the estate, required documentation, translation and notarisation fees, and any professional assistance engaged.
  
  Costs:
  (1) The cost of probate can vary depending on several factors.
  (2) DIFC Courts fees for obtaining probate are prescribed in the DIFC Courts Fee Guide but the fees for enforcing a DIFC Court Probate Order in Ras Al Khaimah have not yet been determined.
  (3) Land Department transfer fees will also apply in the relevant emirate where property is being transferred. These range from 0.125% to 4% of the property value depending on the beneficiary’s relationship to the deceased.
  (4) Additional charges may arise from government bodies and commercial entities when transferring assets, depending on the nature of those assets and the terms under which they were held.
  (5) Executors may also choose to appoint third-party professionals (such as lawyers)to assist with the probate and estate administration process; these costs are incurred at the discretion of the Executors acting in the best interests of the estate and its beneficiaries.
  
  Please note that where an executor is appointed under a Will they must formally accept the role during probate proceedings. If the named executor declines, is unable to act, or is not legally eligible, the relevant Court has the authority to appoint a replacement executor to ensure the estate is administered in accordance with the Will and applicable laws. It is therefore important to give careful thought to who you designate as an executor under your Will.

Does the Will I make in the UAE cover assets outside of the UAE?

• Muslim Expats in Ras Al Khaimah
  No. A valid UAE Will does not automatically govern assets a Muslim expat holds outside of the UAE. The foreign jurisdiction in which the asset is held will generally apply their own inheritance laws. To control the distribution of overseas assets, a Muslim expat would typically need to create a separate Will under the law of the country where the assets are located, ensuring it complies with local legal requirements, while also being mindful of Sharia restrictions.
• Non-Muslim Expats in Ras Al Khaimah
  It can do yes but as of now there is no such thing as an “international Will” which is globally recognised. Each country you hold assets in will have its own rules as to how those assets are distributed on your death. Some countries will recognise Wills made in the UAE (or other jurisdictions) and this should be checked locally with the specific jurisdiction concerned.

Can I still have Wills in other countries?

• Muslim Expats in Ras Al Khaimah
  Yes, as a Muslim expat, you can have Wills in other countries, but even for foreign Wills, it is advisable for Muslims to ensure that the Will respects Sharia principles, particularly regarding the shares of heirs. When having multiple Wills, it is essential to clearly specify which assets each Will covers to avoid conflicts or disputes between jurisdictions. While some countries may recognise a valid UAE Will for foreign assets if formal requirements are met, this is not automatic, so separate Wills for each jurisdiction help ensure all assets are legally and properly distributed.
• Non-Muslim Expats in Ras Al Khaimah
  Yes. As of now there is no such thing as an “international Will” which is globally recognised. Each country you hold assets in will have its own rules as to how those assets are distributed on your death. Some countries will recognise Wills made in other jurisdictions and this should be checked locally with the specific jurisdiction concerned.

Until what age is a child considered a minor?

• Muslim Expats in Ras Al Khaimah
  For the purposes of guardianship and inheritance under the Personal Status Law, a child is generally considered a minor until the age of 18.
• Non-Muslim Expats in Ras Al Khaimah
  For the purposes of guardianship and inheritance under the Civil Personal Status Law a child is considered a minor until they reach 18 years of age.

What are interim and permanent guardians?

• Muslim Expats in Ras Al Khaimah
  Under the Personal Status, guardianship over a minor is classified into interim and permanent guardianship.
  
  An interim guardian is appointed temporarily, usually when the minor’s natural guardian is deceased, absent, or unable to perform their duties, and is responsible for protecting the minor’s immediate interests, including health, education, and safety, under Court supervision.
  
  A permanent guardian, typically the father or another qualified family member if the father is unavailable, has full legal authority over the minor until they reach 18, including managing the minor’s inheritance, overseeing education and welfare, and representing the minor in legal matters. The key distinction is that interim guardianship is temporary and limited, whereas permanent guardianship provides long-term, comprehensive responsibility for the minor.
• Non-Muslim Expats in Ras Al Khaimah
  The appointment of interim guardians is important as minor children can be cared for by the interim guardian/s immediately following the death of their parents without waiting for any confirmation from a Court to do so. An interim guardian is meant to step in immediately (e.g. if both parents pass away), they provide short-term care until the permanent guardian can take over.
  
  In contrast, a permanent guardian is appointed by the court to assume full and ongoing responsibility for the child until the age of 18. The permanent guardian oversees all aspects of the child’s life, including health, education, upbringing, and may also manage or coordinate the management of the child’s financial affairs and inheritance. The key distinction is that interim guardianship addresses urgent, temporary needs, while permanent guardianship provides long-term, comprehensive authority over the child’s welfare.

Tell me about guardianship options

• Muslim Expats in Ras Al Khaimah
  Under the Personal Status Law, guardianship after the death of a parent follows the traditional Islamic framework, with the child’s welfare and best interests remaining paramount.
  
  The law preserves the established order of legal guardianship (wilāya), whereby the father is the primary guardian during his lifetime.
  
  Interim guardians must be appointed by the Court. Upon his death, guardianship typically transfers to the next eligible male relative on the paternal side as determined by Sharia principles, unless the Court decides otherwise for the protection of the child. A Muslim expat may express their wishes regarding the guardianship of their minor children in a Will or similar written declaration; however, such wishes are not automatically binding.
  
  Instead, they serve as persuasive guidance to the UAE Courts, which retain full discretion to confirm, modify, or override those wishes based on the child’s best interests, safety, and stability. Accordingly, while a Muslim expat may designate a preferred guardian in their Will, the final decision as to who will be appointed interim and permanent guardians rests with the judiciary, and the Court may appoint a different guardian if circumstances require.
  
  It is also worth noting that the guardian must be of legal age i.e. 21 years of age in the UAE; of sound mind, and willing to act as a guardian. In both Muslim and non-Muslim cases, while parents may express their wishes regarding guardianship through a Will or written declaration, the child’s best interests remain paramount, and the UAE Courts retain ultimate discretion in confirming or appointing guardians. The suitability, capacity, and circumstances of the proposed guardian will always be subject to judicial scrutiny.
• Non-Muslim Expats in Ras Al Khaimah
  Non-Muslim expats can use an Onshore UAE Will or a DIFC Will to designate guardians for minor children:
  
  (1) Onshore UAE Will – ADJD Will
  • Can be used to designate both interim and permanent guardians.
  • This can be done in an ADJD Will using the process discussed above.
  • It is important to ensure the Will is registered with the ADJD as the onshore UAE Courts retain the ultimate discretion to confirm appointments of guardians and will always prioritise the best interests of the child. By registering the Will with the ADJD a non-Muslim expat will benefit from certainty and reduced risk of their wishes not being followed.
  
  (2) DIFC Will
  • Can be done by putting in place by using the Full Will or specific Guardianship Will options offered by the DIFC.
  • These Wills allows parents to appoint an interim and permanent guardian for their minor children.
  • This can be done using the same process outlined above for DIFC Wills.
  • Provisions for guardianship in a DIFC Will operate independently of the onshore Personal Status Law and ensure that the appointed guardian is legally recognised under UAE law.
  
  Both ADJD Wills and DIFC Wills allow non-Muslim expats to appoint interim and permanent guardians, but the efficiency of the process differs. In practice, DIFC Wills are usually the more efficient and predictable option. The DIFC Courts offer a clear, streamlined probate and guardianship process for non-Muslims, with faster timelines and greater certainty that the appointed guardians will be recognised.
  
  ADJD Wills are also effective, but the onshore courts retain broad discretion over guardianship matters, which can lead to longer timelines and greater judicial review, even when the Will is registered.
  
  Overall, for families seeking speed and certainty in guardianship appointments, the DIFC Will tends to be the more efficient choice.
  
  It is also worth noting that the guardian must be of legal age i.e. 21 years of age in the UAE; of, sound mind; and willing to act as a guardian.

Useful Links

• Muslim Expats in Ras Al Khaimah
  (1) https://uaelegislation.gov.ae/en/legislations/2770
  (2) https://www.horizlaw.ae/insights/key-amendments-and-legal-implications-of-federal-decree-law-no.-41-of-2024-on-personal-status-for-muslims-in-the-uae?
• Non-Muslim Expats in Ras Al Khaimah
  (1) https://www.adjd.gov.ae/en/Pages/CivilFamilyCourt.aspx
  (2) https://www.difccourts.ae/ws
  (3) https://www.difccourts.ae/about/faq/wills-faq
  (4) https://u.ae/en/information-and-services/social-affairs/marriages/personal-status-affairs-for-non-muslims