Abu Dhabi Will (ADJD) (UAE)

An Abu Dhabi Will (ADJD) in the United Arab Emirates is a will registered with the Abu Dhabi Judicial Department (ADJD) Non-Muslim Personal Status Court, available to non-Muslims who own assets in Abu Dhabi emirate and wish to direct how those assets pass after their death, rather than relying on the default succession rules of the Personal Status Federal Decree-Law No. 41 of 2024. The ADJD framework was created under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, which introduced a dedicated civil personal status regime for non-Muslims across the UAE's federal territory, including a system for registering wills and disposing of assets by testamentary choice.

The ADJD Non-Muslim Personal Status Court sits in Abu Dhabi and provides a court-administered pathway for non-Muslims to obtain a grant of probate and administer estates situated in Abu Dhabi emirate. This parallel route complements the DIFC Wills and Probate Registry framework, which is based in the Dubai International Financial Centre and has historically served as the primary non-Muslim will registration system in the UAE. Both systems confer testamentary freedom on non-Muslims, allowing them to choose their beneficiaries, appoint executors, and nominate guardians for minor children, but the ADJD framework is specifically tailored to assets and families based in Abu Dhabi.

A distinctive feature of Federal Decree-Law No. 41 of 2022 is the election of governing law. A non-Muslim may elect for the law of their country of nationality to apply to their personal status matters, including succession and will validity, rather than UAE law. This election is particularly valuable for testators whose home country law offers a familiar framework for distribution, forced heirship exemptions, or trusts, allowing them to plan their global estate in a coherent and consistent manner.

The Abu Dhabi Will covers assets situated in Abu Dhabi emirate, such as residential apartments registered with the ADJD land registry, bank accounts held at First Abu Dhabi Bank or Abu Dhabi Islamic Bank, investments through the Abu Dhabi Securities Exchange (ADX), and shares in companies with Abu Dhabi trade licences. Assets situated in other emirates, such as property in Dubai, should be covered under the DIFC Will or the relevant Dubai Courts instrument, while assets abroad should be addressed under a separate will in the foreign jurisdiction.

The ADJD Abu Dhabi Will is an important planning tool for the large and growing expatriate community in Abu Dhabi, which includes professionals, investors, and families. By registering a will with the ADJD, a non-Muslim resident of Abu Dhabi secures a clear, court-recognised process for their estate, appointing a trusted executor to collect assets, pay debts, and distribute the estate in line with their stated wishes. forms-legal.com provides this template to help non-Muslim residents of Abu Dhabi understand and document their wishes; users should confirm the current ADJD registration requirements, fees, and procedure before attending.

An Abu Dhabi Will registered with the Abu Dhabi Judicial Department (ADJD) is needed by any non-Muslim who owns assets in Abu Dhabi emirate and wishes to control how those assets pass after death, rather than leaving the distribution to the default rules of the Personal Status Federal Decree-Law No. 41 of 2024.

The Abu Dhabi Will is required when a non-Muslim owns residential property in Abu Dhabi, such as an apartment on Al Reem Island, a villa in Khalifa City, or a unit in Yas Island, registered with the Abu Dhabi land registry under the ADJD. Without a registered will, the property's fate may be uncertain, and the surviving family may face protracted court proceedings before the Abu Dhabi Judicial Department to establish their entitlement. A registered ADJD will gives the executor clear authority to transfer title to the named beneficiary.

An Abu Dhabi Will is needed when a non-Muslim holds substantial savings or investment accounts with Abu Dhabi-headquartered institutions such as First Abu Dhabi Bank (FAB), Abu Dhabi Islamic Bank (ADIB), or investment portfolios through the Abu Dhabi Securities Exchange (ADX), and wishes those assets to pass directly to their family without the delay of intestate administration.

The ADJD will is the preferred route for families primarily based in Abu Dhabi rather than Dubai. While the DIFC Wills Service Centre operates from the Dubai International Financial Centre and has historically served non-Muslims across the UAE, the ADJD framework under Federal Decree-Law No. 41 of 2022 provides a dedicated Abu Dhabi pathway with courts and officials physically located in the emirate, which can reduce logistical burdens for Abu Dhabi residents.

An Abu Dhabi Will is needed when a non-Muslim wishes to elect for the law of their home country to apply to their estate. Federal Decree-Law No. 41 of 2022 explicitly permits this election, which may be important for testators from civil law countries whose domestic succession rules differ significantly from UAE law. The election must be recorded clearly in the will.

An Abu Dhabi Will is also required when a non-Muslim with minor children resident in Abu Dhabi wishes to nominate guardians for those children, taking advantage of the guardianship provisions of Federal Decree-Law No. 41 of 2022 and the ADJD's supervisory jurisdiction. Reviewing and re-registering the will after major life events keeps the instrument current.

A valid Abu Dhabi Will registered with the Abu Dhabi Judicial Department (ADJD) must contain the following essential elements to be accepted by the ADJD Non-Muslim Personal Status Court and to provide an effective basis for the administration of the estate under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims.

Testator Identification and Non-Muslim Status: The testator's full legal name as shown on the passport, with nationality, passport number, Emirates ID where resident, and current residential address in Abu Dhabi. The ADJD framework is available only to non-Muslims; the testator's non-Muslim status is the threshold eligibility requirement, consistent with Federal Decree-Law No. 41 of 2022 and the Personal Status Federal Decree-Law No. 41 of 2024.

Declaration, Revocation, and Governing Law Election: A clear statement that the testator is of sound mind and full legal capacity, that the will is made in respect of Abu Dhabi assets, and that it revokes all prior wills relating to those assets. If the testator elects for the law of their country of nationality to apply, this election should be explicitly recorded under the authority of Federal Decree-Law No. 41 of 2022.

Appointment of Executors: The full name, relationship, passport or Emirates ID number, and address of the primary executor and a substitute executor. The executor will apply to the ADJD Non-Muslim Personal Status Court for a grant of probate and will collect, administer, and distribute the Abu Dhabi estate.

Guardianship for Minor Children: Where the testator has children under the age of 18 resident in Abu Dhabi, the name and address of the nominated guardian and the children's names and dates of birth, consistent with the guardianship provisions of Federal Decree-Law No. 41 of 2022.

Specific Gifts: Individually described bequests of Abu Dhabi assets, identifying property by ADJD title deed or registration number, bank accounts by institution and account number, and other assets as specifically as possible, with the name of each beneficiary.

Residuary Estate: A clause disposing of all remaining Abu Dhabi assets not covered by specific gifts, naming the beneficiaries and their proportionate shares, with a substitution clause for a beneficiary who does not survive the testator.

Scope Limitation and ADJD Registration: A statement that the will covers only assets situated in Abu Dhabi emirate, and identification of the ADJD as the court for registration and probate. Registration with the ADJD is the essential step that gives the executor authority to act through the court process. forms-legal.com provides this template as a starting point; users should confirm current registration requirements, fees, and the document checklist with the Abu Dhabi Judicial Department before attending.

Completing an Abu Dhabi Will for registration with the Abu Dhabi Judicial Department (ADJD) requires working through each section with care, bearing in mind that the will covers only Abu Dhabi assets and must be registered to have full legal effect.

Step one: Testator identification. Enter the full legal name exactly as it appears on the passport, nationality, passport number, Emirates ID if resident in the UAE, and current residential address in Abu Dhabi. Accuracy in the testator's identification is essential for the ADJD Non-Muslim Personal Status Court records and for the executor's grant of probate application.

Step two: Choose governing law. Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims permits a non-Muslim to elect the law of their country of nationality. If you wish to make this election, record it clearly. If you do not make an election, the will operates under the ADJD framework. Confirm the implications of the election with a UAE legal adviser before proceeding.

Step three: Appoint executors. Name a primary executor and a substitute executor. Provide each executor's full name, relationship, passport or Emirates ID number, and address. The executor must be willing and available to travel to Abu Dhabi to attend the ADJD court proceedings after the testator's death. Confirm their willingness before finalising the will.

Step four: Nominate guardians if required. If you have minor children resident in Abu Dhabi, confirm that guardians are required, name the guardian and their address, and list the children with their dates of birth, consistent with the guardianship provisions of Federal Decree-Law No. 41 of 2022.

Step five: List specific gifts. Describe each Abu Dhabi asset individually, identifying property by ADJD title deed number, bank accounts by institution and account number, and vehicles by plate. Name the beneficiary for each gift. The greater the precision, the smoother the administration at the ADJD.

Step six: Dispose of the residuary estate. Name who receives all remaining Abu Dhabi assets not covered by specific gifts, with their proportionate shares and a substitution clause.

Step seven: Record the intended ADJD registration date and execute. Sign the will before two independent witnesses who are not beneficiaries, with the witnesses signing in the testator's presence. Then attend the Abu Dhabi Judicial Department to register the will, bringing the required originals, certified copies, and applicable fees. Confirm current requirements with the ADJD before attending.

An Abu Dhabi Will under the ADJD framework operates within several interconnected legal instruments that together govern non-Muslim succession in Abu Dhabi emirate.

Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims is the primary statute. It establishes a dedicated civil personal status regime for non-Muslims in the UAE, covering marriage, divorce, custody, inheritance, and will-making. Article provisions allow a non-Muslim to make a will disposing of UAE assets and, significantly, to elect for the law of their country of nationality to govern their personal status, including succession. This election must be made expressly.

The Personal Status Federal Decree-Law No. 41 of 2024 applies to Muslims in the UAE and governs their succession through the Sharia inheritance framework. Non-Muslims who do not use Federal Decree-Law No. 41 of 2022 may, in practice, encounter a degree of interaction with the personal status regime, particularly in mixed-nationality families. Non-Muslims should use the ADJD framework or the DIFC Wills Service Centre to exclude the default personal status rules from applying to their Abu Dhabi assets.

The UAE Civil Code (Federal Law No. 5 of 1985) remains relevant to contractual and proprietary aspects of estate administration, including the obligations of the executor and the rights of creditors to be paid before heirs. The executor must settle all lawful debts, funeral expenses, and administration costs from the estate before distributing to beneficiaries.

Registration with the Abu Dhabi Judicial Department is the essential formal requirement. A signed but unregistered will provides weaker protection; only a registered will benefits fully from the ADJD Non-Muslim Personal Status Court probate process. The testator must attend the ADJD with the required documentation, which typically includes the original will, passport, Emirates ID, and prescribed fees.

Execution formalities require the testator to be of full legal capacity and to sign the will in the presence of two witnesses who are not beneficiaries. The witnesses must then sign in the testator's presence. The testator should confirm the current witness, attestation, and documentation requirements with the ADJD before executing the will.

Errors in an Abu Dhabi Will registered with the Abu Dhabi Judicial Department frequently prevent the executor from obtaining a grant of probate or result in unintended distribution of the estate.

The most critical mistake is signing an Abu Dhabi Will but failing to register it with the ADJD Non-Muslim Personal Status Court. A signed but unregistered will does not benefit fully from the ADJD probate process under Federal Decree-Law No. 41 of 2022; the executor cannot rely on it to transfer assets without completing the registration step.

A second mistake is assuming the Abu Dhabi Will covers assets in other emirates. The ADJD framework governs only assets situated in Abu Dhabi emirate; property in Dubai, Sharjah, or other emirates should be covered under the DIFC Wills Service Centre or the relevant court framework for that emirate. Treating a single will as covering all UAE assets can create probate complications.

A third mistake is failing to elect the governing law expressly when the testator intends to rely on home country law. Federal Decree-Law No. 41 of 2022 permits the election, but it must be explicitly recorded in the will; an ambiguous or absent election may result in the ADJD court applying UAE law rather than the chosen foreign law.

A fourth mistake is naming a beneficiary as a witness. A witness who benefits under the will, or whose spouse benefits, can invalidate the gift to that person; witnesses must be independent of the estate.

A fifth mistake is leaving the will unreviewed after major life events such as the purchase of additional Abu Dhabi property, the birth of a child, or a change in marital status. An outdated will may fail to reflect the testator's current wishes. A final common error is describing Abu Dhabi assets without sufficient detail — failing to record the ADJD title deed number for property, for example — which can delay or obstruct the transfer of the asset to the beneficiary at the ADJD land registry after the grant of probate.