Codicil to Will (UAE)

A Codicil to Will in the United Arab Emirates is a formal legal instrument that supplements, amends, or partially revokes an existing registered Will without requiring the testator to prepare an entirely new document. In the UAE context, the codicil is used by both non-Muslim testators who have registered a Will with the DIFC Wills Service Centre under the DIFC Wills and Probate Registry framework, and by non-Muslims who have registered with the Abu Dhabi Judicial Department (ADJD) under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims. For Muslims, an amendment to a Wasiyya (Islamic will) is governed by the Personal Status Federal Decree-Law No. 41 of 2024 and must comply with the personal status courts' procedural requirements.

The codicil operates as a supplemental document that is read alongside the original Will. Clauses of the original Will that are not explicitly revoked or amended by the codicil continue in full force, so only the targeted provisions change. This makes a codicil the most efficient tool when the testator wishes to make a focused alteration — for example, substituting a new beneficiary for a deceased or estranged one, removing an asset from a specific gift and redirecting it, replacing an executor who has died or become incapacitated, or adding a new item of property acquired after the original Will was registered.

The DIFC Wills and Probate Registry framework, operating through the Dubai International Financial Centre and the DIFC Courts, applies common-law principles of testamentary freedom to the UAE assets of non-Muslims. A codicil to a DIFC Will must meet the same execution formalities as the original Will — signature before two witnesses who are not beneficiaries — and must then be re-registered with the DIFC Wills Service Centre so that the executor can rely on the amended provisions when applying to the DIFC Courts for a grant of probate.

For assets in Abu Dhabi emirate, the ADJD Non-Muslim Personal Status Court, operating under Federal Decree-Law No. 41 of 2022, has its own Will registration register, and a codicil to an ADJD Will must be re-registered there. Where a Muslim testator has made a Wasiyya under the Personal Status Federal Decree-Law No. 41 of 2024, the courts apply Sharia succession rules, and a codicil that does not comply with those rules is ineffective.

The UAE Civil Code (Federal Law No. 5 of 1985) provides the general legal framework for contracts and obligations, and its principles on revocation and amendment inform the interpretation of codicils across all frameworks. The Codicil to Will (UAE) is a precisely targeted instrument that allows a testator to keep their estate plan current with the minimum disruption, ensuring that the registered Will at all times reflects their current intentions for the distribution of UAE assets and the appointment of executors and guardians.

A Codicil to Will in the United Arab Emirates is needed whenever a testator wishes to update a specific provision of their registered Will without replacing the document entirely.

A codicil is required when a named beneficiary has died, become estranged, or lost the testator's confidence, and the testator wishes to substitute another person or redirect the gift to the residuary estate. For non-Muslims with a DIFC Will registered at the DIFC Wills Service Centre, re-registering a codicil is faster and less costly than re-registering a full new Will.

A codicil is needed when a named executor has died, moved abroad, become incapacitated, or declined the appointment, and the testator wishes to replace them with a new primary or substitute executor who will apply to the DIFC Courts or the Abu Dhabi Judicial Department (ADJD) for a grant of probate after the testator's death.

A codicil is required when the testator has acquired new property in the UAE — for example, an off-plan unit registered with the Dubai Land Department under the Real Property Registration Regulation, or a new bank account with a Central Bank of the UAE regulated institution — and wishes to add a specific gift of that asset to a named beneficiary.

A codicil is needed when the testator wishes to alter the appointment of guardians for minor children, for example to reflect that the previously nominated guardian has moved overseas or is no longer suitable, or to add a newborn child to the guardianship provision in a DIFC Wills and Probate Registry framework Guardianship Will.

A codicil is also required when the testator wishes to change the residuary clause — for example, to remove a person who has predeceased the testator, to add a new residuary beneficiary, or to alter the shares in which the residuary estate is divided. Reviewing and where necessary amending the registered Will after major life events — marriage, divorce, the birth of a child, the sale or purchase of UAE property, or the death of a named beneficiary — keeps the testator's estate plan current and ensures the DIFC Courts or ADJD can administer the estate cleanly without ambiguity.

An effective Codicil to Will for the United Arab Emirates should contain the following elements to ensure it is accepted for re-registration and gives the executor a clear basis on which to apply for probate from the DIFC Courts, the Abu Dhabi Judicial Department (ADJD), or the relevant Personal Status Court.

Testator Identification: The full legal name of the testator as shown on the passport, nationality, Emirates ID where relevant, and current address, consistent with the original Will. Inconsistencies between the codicil and the original Will registration records can delay acceptance by the DIFC Wills Service Centre.

Reference to the Original Will: The date of the original Will, its registration reference number, and the registry framework under which it is registered — DIFC Wills Service Centre, ADJD Non-Muslim Personal Status Court under Federal Decree-Law No. 41 of 2022, or UAE Personal Status Court for Muslims under the Personal Status Federal Decree-Law No. 41 of 2024. The codicil is supplemental to the original Will and must be read together with it.

Identification of Revoked or Amended Clauses: A precise reference to the clause number and description of the provision being revoked or amended. Precision prevents ambiguity at probate: where the codicil conflicts with the original Will and the conflict is unclear, the DIFC Courts or ADJD may be required to interpret the documents, causing delay.

New or Amended Provision: The replacement or supplemental provision in full, stated with the same level of detail as the original clause — identifying property by title deed number, financial accounts by bank and account number, and people by full legal name and address.

Additional Amendments: Any further alterations, clearly numbered and distinguished from the primary amendment.

Confirmation of Remaining Will: An express statement that all provisions of the original Will not specifically revoked or amended by the codicil remain in full force. This confirmation removes any suggestion that the codicil impliedly revokes further provisions.

Re-registration Statement: A statement of the testator's intention to re-register the codicil with the original registry. For DIFC Wills, re-registration with the DIFC Wills Service Centre is mandatory for the codicil to be effective in the DIFC Courts probate process. forms-legal.com provides this template as a starting point; the testator must re-register the executed codicil with the applicable registry and should confirm current requirements and fees before attending.

Attestation: The testator's signature, dated, made in the joint presence of two witnesses who are not beneficiaries, followed by the witnesses' signatures.

Completing a Codicil to Will for the United Arab Emirates involves identifying the specific provision to be changed, drafting the replacement clearly, and then re-registering the executed codicil with the original Will's registry.

Step one: Enter the testator's details. Record the full legal name as it appears on the passport and the original Will registration, together with nationality, Emirates ID where resident, current address, and the date the codicil is being made. These details must match the original Will registration records held by the DIFC Wills Service Centre, the ADJD, or the relevant Personal Status Court.

Step two: Identify the original Will. Enter the date the original Will was signed, the registration reference number assigned by the registry, and select the registry framework — DIFC Wills Service Centre for non-Muslim DIFC Wills, ADJD for Abu Dhabi non-Muslim Wills, or UAE Personal Status Court for Muslim Wasiyya documents. These fields link the codicil to the original Will.

Step three: Describe the clause being revoked or amended. Refer to the clause by its number as it appears in the original Will, describe the asset or appointment involved, and state clearly that it is being revoked or amended. Precision matters: the DIFC Courts and the ADJD will read the codicil and original Will together, so any ambiguity may require judicial interpretation.

Step four: State the new provision. Write the replacement provision in full, with the same level of detail used in the original Will. Identify property by title deed number registered with the Dubai Land Department, financial accounts by institution name and account number, and people by full legal name and current address.

Step five: Add any further amendments. If a second or third provision is being altered, state each clearly and number them consecutively.

Step six: Confirm that the remainder of the Will stands. Select Yes to confirm that all other provisions of the original Will remain in full force and effect. This prevents unintended implied revocation.

Step seven: State re-registration intention and execute. Confirm you intend to re-register, note the intended date, and then sign the codicil in the joint presence of two witnesses who are not beneficiaries, with the witnesses signing in your presence. Then attend the DIFC Wills Service Centre, the ADJD, or the relevant court to re-register — confirm current requirements and fees before attending.

A Codicil to Will in the United Arab Emirates is subject to the same legal formalities as the original Will it amends, and the applicable requirements depend on the framework under which the original Will was registered.

DIFC Wills and Probate Registry Framework: For non-Muslims with a DIFC Will registered at the DIFC Wills Service Centre, a codicil must be executed with the same formalities as the original — the testator must be of full age and sound mind and sign before two witnesses who are not beneficiaries, who then sign in the testator's presence. The codicil must then be re-registered with the DIFC Wills Service Centre. An executed but unregistered codicil does not benefit from the DIFC Courts probate process, meaning the executor cannot rely on it when applying for a grant of probate from the DIFC Courts.

Abu Dhabi Judicial Department (ADJD) Framework: For non-Muslims with an ADJD Will registered under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, the codicil must meet the execution and registration requirements of the ADJD Non-Muslim Personal Status Court. The ADJD framework operates in Abu Dhabi emirate and has its own registration procedures, which should be confirmed with the ADJD before attending.

Muslim Wasiyya: For Muslims, the Personal Status Federal Decree-Law No. 41 of 2024 governs succession. A Wasiyya and any amendment must comply with Sharia rules, including the restriction that bequests to non-heirs cannot exceed one-third of the estate without the consent of all heirs. The Personal Status Court has jurisdiction over Wasiyya amendments.

UAE Civil Code (Federal Law No. 5 of 1985): The Civil Code's general principles on contracts and obligations apply to the interpretation of codicils and inform questions of revocation, inconsistency, and the interpretation of ambiguous provisions.

Probate effect: Under all frameworks, the executor cannot administer the UAE estate without a court order from the DIFC Courts, the ADJD, or the relevant Personal Status Court. The codicil must be registered and produced to the court alongside the original Will before the court will issue the grant of probate or succession order. Financial institutions supervised by the Central Bank of the UAE, title registries including the Dubai Land Department, and other bodies will not act on the executor's instructions without that court order.

Mistakes in preparing or executing a Codicil to Will in the United Arab Emirates most often prevent the codicil from taking effect or create ambiguity that the DIFC Courts or Abu Dhabi Judicial Department (ADJD) must resolve at probate.

The most significant mistake is executing a codicil but failing to re-register it. For non-Muslims with a DIFC Will, re-registration with the DIFC Wills Service Centre is mandatory for the codicil to benefit from the DIFC Courts probate process under the DIFC Wills and Probate Registry framework. An executed but unregistered codicil may be treated as ineffective, leaving the original, unamended Will operative.

A second mistake is describing the amended clause imprecisely. If the codicil refers to 'Clause 3' without identifying the asset or appointment involved, and the original Will has multiple provisions in Clause 3, the DIFC Courts or ADJD may be unable to determine which provision is amended without judicial interpretation, causing delay.

A third mistake is using a beneficiary as a witness. A witness who is a beneficiary under either the original Will or the codicil, or whose spouse is a beneficiary, may invalidate the gift to that person. The codicil must be executed before two independent witnesses who take no benefit.

A fourth mistake is failing to confirm that the remainder of the original Will stands. Without an express confirmation clause, a broad reading of the codicil might suggest that it impliedly revokes provisions beyond those specifically targeted, creating uncertainty about the testator's intentions.

A fifth mistake is issuing the codicil without updating the Estate Asset Register. Where the codicil redirects a specific asset — for example, a property registered at the Dubai Land Department — the Estate Asset Register should also be updated to reflect the new beneficiary, so that the executor has a consistent picture of the estate's intended distribution. Failing to keep these documents aligned complicates administration and may slow down the Central Bank of the UAE regulated bank transfers and Dubai Land Department property transfers that the executor must complete.