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Using a Foreign Will in the UAE: What You Need to Know

Using a Foreign Will in the UAE: What You Need to Know

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You can absolutely keep your home-country Will valid while living in the UAE. In fact, many expatriates maintain a foreign Will for overseas assets while using a UAE Will for local property and guardianship. There are two recognized methods to ensure your foreign Will remains legally effective:

1. DIFC Will Covering Foreign Assets

A DIFC Will can include assets located outside the UAE, provided the foreign jurisdiction accepts a DIFC-issued probate order. Because the DIFC operates under a common-law framework, it aligns naturally with countries such as:




  • United Kingdom



  • United States



  • Singapore



  • India



  • Australia



How it works:




  • You register a Will in the DIFC that includes foreign assets.



  • When you pass away, DIFC probate is initiated.



  • The DIFC Court issues an execution approval or probate order specific to the foreign jurisdiction.



  • That document is then used to commence local probate in the relevant country.



This makes DIFC the most seamless option for individuals with cross-border estates.


2. Embassy or Consulate Attestation

Many embassies in the UAE allow expatriates to sign and attest a home-country Will before a consular officer.


Once attested, the Will is fully valid for use in the home country’s legal system.

Examples:




  • Indian nationals typically use IVS Global (outsourced by the Indian Embassy/Consulate) to notarize and register their Wills.



  • Other embassies offer similar attestation services depending on their national procedures.



This option is ideal if you prefer to keep your Will strictly governed by your home country’s laws.


Key Point

Both approaches ensure that UAE residents can secure their non-UAE assets while living abroad.


The choice depends on whether you want a UAE-based Will with international reach (DIFC) or to maintain a locally recognized Will in your home country (embassy attestation).

Either way, your foreign assets remain protected and legally transmissible according to your intentions.

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