In this episode of Dubai Real Estate Unplugged, Luke Remington speaks with Jazmine Stevenson from Kashwani Law Firm and sales director Charlie Bannan about the importance of creating a will in the UAE. From understanding intestacy and Sharia law to choosing between DIFC wills and Dubai Courts wills, they provide essential guidance on protecting your assets and family in the event of death.
Key takeaways
Intestacy occurs when someone passes away without a valid will, leaving asset distribution to default legal frameworks that may not reflect your wishes.
UK or home country wills do not automatically protect UAE assets, requiring separate wills for properties and assets held in different jurisdictions.
Expats often forget they are in a different country with different laws because Dubai's multicultural environment feels similar to Western cities.
DIFC wills follow non-Muslim courts and English common law principles, offering familiarity for Western expats whilst covering assets in multiple jurisdictions.
Dubai Courts wills apply Sharia law principles, which distribute assets according to specific formulas rather than personal wishes, typically favouring male heirs.
Non-Muslim expats can opt out of Sharia law by registering wills through DIFC courts, ensuring assets distribute according to their personal wishes rather than religious law.
Understanding intestacy and its consequences
Jazmine Stevenson explains that intestacy is the legal term for passing away without a valid will, and this concept applies universally across all countries and legal systems.
"The word intestacy basically means that you haven't drafted a valid document to protect your assets and actually tell people what you want to happen in the event that you pass away," Jazmine clarifies. Without clear instructions, legal systems apply default distribution frameworks that may conflict entirely with your intentions.
When studying law, Jazmine found probate and trust law the most boring subject, never realising how critically important it would become in everyday practice. "Protecting your assets and protecting your family in advance is the only way really to make sure that you know what will happen if something does happen to you."
The fundamental challenge with estate planning is that everyone knows death is inevitable, yet actually confronting this reality and taking action remains deeply uncomfortable. "Facing that fear and pulling that plaster off is the main reason why a lot of people don't actually get a will," Jazmine observes.
However, leaving your assets, children, minors and family unprotected without specifying exactly what you want to happen creates far worse outcomes than the temporary discomfort of will preparation. The stress and complications your family faces after your death multiply exponentially without proper documentation.
Charlie notes that people tend to contact lawyers too late, often when situations have already become complicated. Episodes like this help spread awareness, encouraging people to protect themselves earlier rather than scrambling during crises.
Why Dubai's familiar environment creates false security
Dubai's multicultural character and Western amenities create an environment where expats forget they are living under completely different legal systems than their home countries. This comfortable familiarity breeds dangerous complacency around legal protections.
"Dubai is such a multicultural place and we have so many expats here, sometimes you actually forget you're even in the UAE," Jazmine explains. "You go out for dinner, you go to a restaurant or you come to work and you're surrounded by all different expats from different nationalities, everybody's speaking English."
The prevalence of familiar brands and stores reinforces this illusion. "Nando's, the shops, the stores, it's like you're living in a mini UK," Luke observes. You don't even realise you're not in Bromley anymore, sitting in restaurants and offices where English dominates and Western culture pervades.
This comfortable bubble leads expats to assume UK or home country laws apply automatically in Dubai. They arrive, enjoy the tax-free lifestyle and sunshine, and deprioritise legal matters like will preparation because everything feels familiar and safe.
"I think that does happen a lot. People forget about things and they put it at the bottom of their priority list because it's not something you want to do," Jazmine notes. Gathering all your assets together and deciding what happens when you die feels terrible and scary, so it gets postponed indefinitely.
Charlie emphasises the lack of understanding as a critical factor. "When you were speaking to me about it, I didn't understand the depths of what could potentially happen if I didn't have that in place," he admits. Only after Jazmine explained the consequences multiple times did he grasp the urgency and complete his will.
UK wills do not protect UAE assets
One of the most common misconceptions among British expats is that their UK will automatically covers their Dubai property and UAE assets. This dangerous assumption leaves families vulnerable to intestacy complications despite believing they are protected.
"A lot of people do say, 'Look, I've got a will in the UK, surely that applies here,'" Jazmine recounts. Her consistent response challenges this thinking: "The UK is a completely different country. In what way is your British UK will going to protect your UAE assets?"
Whilst certain UK legal aspects can be enforced through non-Muslim courts in the UAE, this requires specific steps rather than automatic application. Different jurisdictions require separate legal documentation to ensure proper asset protection and distribution.
Even simple administrative matters highlight the jurisdictional differences. When Jazmine prepares powers of attorney for clients selling properties whilst abroad, clients express shock that documents arrive in Arabic from Dubai courts. "They're completely shocked that the document is written in Arabic," she laughs. "This isn't a UK court of law."
This fundamental misunderstanding about legal jurisdiction creates significant risks for expats who assume their home country estate planning extends automatically to UAE assets. Properties, bank accounts and investments in Dubai require separate documentation under UAE legal frameworks.
Best practice involves creating separate wills in each country where you hold assets. A UK will covers UK properties and assets, whilst a UAE will covers Dubai properties and local investments. This ensures proper jurisdiction and prevents conflicts between different legal systems.
DIFC wills versus Dubai Courts wills
Expats in the UAE face a critical choice between two distinct will registration systems: DIFC (Dubai International Financial Centre) wills and Dubai Courts wills. Understanding the differences determines whether your assets distribute according to your personal wishes or according to Sharia law principles.
DIFC wills follow non-Muslim courts and English common law principles, providing familiar frameworks for Western expats. "DIFC wills can cover you in multiple jurisdictions. That's one amazing benefit of the DIFC," Jazmine explains. This makes DIFC wills particularly valuable for people with assets spread across numerous countries.
The cost efficiency of DIFC wills becomes apparent for internationally diversified estates. "If you've got maybe 20 countries, a DIFC will makes more sense because of the cost. You're not going to do a different will in all these different places," Luke notes. One comprehensive DIFC will covers multiple jurisdictions more economically than separate documents in each location.
Dubai Courts wills apply Sharia law principles, which follow specific distribution formulas rather than personal discretion. Under Sharia inheritance rules, assets distribute according to predetermined percentages favouring male heirs, potentially conflicting with Western estate planning expectations.
For expats with assets concentrated in specific locations like the UK and Dubai, separate wills in each jurisdiction often prove more practical than single DIFC wills. "If you only have assets in certain jurisdictions, then it's better to have one will in each country," Jazmine advises.
The rationale for jurisdiction-specific wills includes keeping current with constantly changing laws. "Laws change every single day in different countries," Jazmine notes. She stays current with UAE probate laws whilst Kashwani's London offices maintain UK expertise, ensuring clients receive accurate guidance for each jurisdiction.
How Sharia law affects non-Muslim expats
Many Western expats remain unaware that Sharia law applies to their UAE assets by default, regardless of their religion or nationality. This creates profound misunderstandings about how their estates will be distributed after death.
Under Sharia inheritance principles, assets distribute according to specific formulas outlined in Islamic law rather than according to personal wishes expressed in wills. Male heirs typically receive larger portions than female heirs, and certain family members receive mandatory shares that cannot be altered through personal preference.
This presents obvious conflicts for non-Muslim expats who assume their assets will distribute according to their stated wishes or according to legal principles from their home countries. A British expat expecting equal distribution among children may find Sharia law requires different proportions.
However, non-Muslim expats can opt out of Sharia law application by registering wills through DIFC courts. This critical distinction allows Western expats to ensure their assets distribute according to their personal wishes rather than religious law they may not follow or understand.
The key is taking proactive steps to register appropriate wills that clearly specify which legal framework should apply. Without these explicit declarations through proper legal channels, Sharia law applies by default to all UAE assets regardless of the deceased's religious beliefs or nationality.
This opt-out mechanism provides essential protection for expats who want their estates handled according to familiar Western legal principles rather than Islamic inheritance rules. The choice exists, but only through deliberate action and proper documentation.
The emotional and practical challenges of will preparation
Creating a will requires confronting mortality and making difficult decisions about asset distribution, guardian appointments and end-of-life wishes. These psychological barriers prevent many people from completing essential estate planning despite understanding its importance.
"Nobody wants to sit down, gather all their assets together and decide what happens to you when you die. That is like a terrible, scary eventuality," Jazmine acknowledges candidly. The emotional discomfort of contemplating death and its aftermath creates powerful procrastination.
However, Jazmine reframes this perspective. "It's really just deciding what you want to happen to your assets if you pass away, so it's not a scary subject. It's just putting something in place for the future." Focusing on the practical protection you are providing rather than the morbid circumstances helps overcome emotional resistance.
The consequences of avoidance far exceed the temporary discomfort of preparation. Without clear instructions, your family faces legal confusion, potential disputes and outcomes that may violate your wishes entirely. "You don't want all of your stuff going to your cat, do you?" Jazmine jokes, highlighting absurd outcomes possible under intestacy.
Charlie emphasises that understanding the actual consequences provides motivation. Once Jazmine explained multiple times what could happen without proper documentation, the abstract concept became concrete enough to prompt action. "It actually makes sense. I need to understand the rules to be able to protect anything against me in the event that something really bad happens."
The process itself proves less daunting than anticipated. Clients gather asset information, specify beneficiaries, appoint guardians for minor children and clarify distribution wishes. Lawyers like Jazmine guide clients through each step, making the process manageable rather than overwhelming.
Unusual will requests and legal enforceability
Whilst wills provide significant flexibility in asset distribution and final wishes, certain requests cannot be legally enforced regardless of how strongly the deceased felt about them. Understanding these boundaries helps set realistic expectations during estate planning.
Jazmine shares an entertaining example of unenforceable wishes. "I've had clients ask for a party clause, which is where any assets once sold would pay for multiple family parties, and if family members didn't come, they weren't allowed to come the next year."
When Jazmine explained this wasn't legally enforceable, the client protested: "But it's my will, it's my wishes." Whilst understandable sentiment, practical reality prevents enforcement. "There's no way I can enforce your family members, all 50 of them, to come to parties every year and have a good time and tell them to get lost if they don't come next year."
Wills can only apply what is legally enforceable under relevant jurisdictions. Creative clauses like party attendance requirements, social obligations or behavioural conditions on beneficiaries face significant enforceability challenges even if included in documents.
Lawyers must balance client wishes against legal practicality, explaining which provisions courts will uphold and which represent personal preferences without legal teeth. This guidance helps clients craft effective wills that actually accomplish their core objectives rather than including unenforceable provisions.
The party clause anecdote highlights the personal nature of estate planning. People want their values, priorities and family dynamics reflected in final wishes. Good lawyers like Jazmine help translate these personal desires into legally enforceable provisions whilst gently explaining when certain wishes exceed legal boundaries.
Multilingual legal services for Dubai's diverse population
Dubai's multicultural character creates unique challenges for legal services, particularly around language barriers that can prevent proper understanding between clients and lawyers. Kashwani Law Firm addresses this through multilingual capabilities.
"We have lawyers that speak English, Russian, Chinese because an issue that we have here as well where there's a lot of expats is sometimes the language barrier," Jazmine explains. Whilst she easily takes details from British clients, understanding Russian or Chinese clients requires specialists in those languages.
Having multiple languages in the office ensures lawyers truly understand each client's wishes rather than relying on potentially inaccurate translations or incomplete communication. This linguistic diversity provides best practice for clients and ensures exact understanding of their wishes.
Beyond language capabilities, Kashwani offers exceptional accessibility through personal contact information. "I offer personally my email address, my WhatsApp, direct contacts. We even have Mr Kashwani, who's the managing director, we pass on his actual mobile number to clients so they can call him in emergency."
This availability extends beyond typical business hours. "Even though you guys like to call me all night long, we don't do a nine to five where we clock off and leave. We are working around the clock, we're always available, we're on WhatsApp on our personal mobiles and business mobiles."
Luke and Charlie vouch for this availability, explaining why haus & haus works extensively with Kashwani Law. "You're available whenever we need you," Luke confirms, highlighting the practical importance of accessible legal support for real estate transactions and estate planning.
The personal touch Jazmine emphasises reflects her approach to client service. "If my mom came to somebody and needed something like this, a legal document or a will, I'd want somebody to look after her and give her that 100% practice, understanding everything, explaining everything, which is really what we give."
Cost and accessibility of UAE wills
Will preparation in the UAE proves remarkably affordable and accessible compared to perceptions about legal services, removing financial barriers that might prevent expats from protecting their estates properly.
Luke recently completed a UK will costing approximately 600 to 700 pounds, which he considers quite reasonable. "It doesn't seem to be actually that much difference in the grand scheme of things in Dubai," he notes, highlighting that UAE will preparation costs remain competitive with UK services.
The accessibility improvements implemented by UAE authorities demonstrate commitment to encouraging proper estate planning among the emirate's 90% expat population. Whilst not every expat necessarily needs a will, those with significant assets, property holdings or minor children should prioritise this protection.
The relatively modest cost of will preparation pales in comparison to the complications and expenses families face dealing with intestacy after a loved one's death. Legal battles, court proceedings and asset freezes create financial and emotional burdens exponentially greater than proactive will preparation.
Beyond direct costs, the time investment required for will preparation remains manageable. Gathering asset information, clarifying beneficiaries and meeting with lawyers typically requires several hours spread across a few appointments rather than extensive ongoing commitments.
For expats with straightforward estates and clear distribution wishes, the process moves efficiently. More complex situations involving multiple jurisdictions, business interests or complicated family dynamics may require additional consultation, but even these scenarios remain accessible rather than prohibitively expensive or time consuming.
Finding trustworthy legal representation
With numerous law firms operating in Dubai, choosing trustworthy representation for will preparation and estate planning requires careful consideration. Quality varies, and personal service levels differ significantly between providers.
"Here it's also finding a good lawyer that you know is going to protect your best interest," Jazmine emphasises. Whilst Dubai has many excellent lawyers, finding ones who provide comprehensive explanation, personal attention and genuine care makes crucial differences in outcomes.
Jazmine explains her personal philosophy on client service: "If my mom came to somebody and needed something like this, I'd want somebody to look after her and give her that 100% practice, understanding everything, explaining everything." This empathetic approach ensures clients receive not just legal documents but genuine understanding of their protections.
Luke asks whether significant differences exist between law firms regarding will services, questioning whether some just scribble notes quickly whilst others invest substantial time understanding client situations. Jazmine diplomatically notes that whilst everyone practices professionally, Kashwani's differentiation comes through personal touch and comprehensive service.
Indicators of quality legal representation include clear communication, patience explaining complex concepts multiple times until clients understand, accessibility outside normal business hours, and genuine interest in understanding personal circumstances rather than processing paperwork mechanically.
Charlie and Luke's endorsement of Kashwani reflects their experience with responsiveness, thoroughness and successful outcomes for haus & haus clients. This trust develops over time through consistent positive experiences rather than marketing claims alone.
