Key Considerations for French Expatriates and the Protection of Their Assets
For several years, our firm has been assisting a growing number of French expatriates with the drafting and registration of wills before the competent courts in Dubai. Although still not widely known, this process addresses major legal issues for anyone residing in or owning assets in the United Arab Emirates.
Two Fundamentally Different Legal Systems
In France: Forced Heirship as a Foundational Principle
French inheritance law is based on the principle of forced heirship, which guarantees a minimum share of the estate to certain heirs, primarily children. This protective mechanism limits testamentary freedom and strictly regulates the transfer of assets.
In the United Arab Emirates: Possible Application of Sharia Law
In the UAE, in the absence of a will, succession may be governed by the principles of Islamic law, including for non-Muslim expatriates. The consequences can be significant:
- mandatory distribution of assets among heirs,
- different inheritance shares depending on gender,
- no consideration of personal wishes,
- potentially lengthy and complex procedures for family members.
These structural differences make it essential to anticipate and adapt to the local legal framework.
The Local Will: A Key Legal Instrument
The United Arab Emirates have progressively established mechanisms allowing non-Muslims to freely organise the distribution of their assets. A locally registered will enables the testator to designate beneficiaries for assets located in the UAE, including:
- real estate,
- bank accounts,
- vehicles or registered movable property,
- shares or interests in local companies.
This framework offers expatriates genuine freedom in estate planning, provided that the will is drafted and registered in accordance with local requirements.
The Benefits of a Will in the UAE
- Freedom of disposition — The testator freely chooses the beneficiaries, without automatic application of Sharia rules.
- Legal certainty — A will reduces the risk of frozen bank accounts, administrative delays, or family disputes.
- Faster procedures — Anticipated succession planning is generally quicker, more predictable, and less costly.
- International coordination — A local will can be coordinated with a French will, each applying to assets within its respective jurisdiction, provided the overall structure is legally consistent.
Planning Ahead to Protect Loved Ones
In an international context, succession should never be left to chance. For French expatriates in the UAE, the absence of a local will means that Sharia law will determine the distribution of their assets.
Conversely, tailored estate planning allows individuals to:
- protect their family,
- secure their assets,
- avoid complex financial and emotional situations.
Coming Next: A Three-Part Series on Estate Planning in the UAE
This article is the first part of a series dedicated to estate planning in the United Arab Emirates.
- The next article will focus on DIFC and RAK foundations, essential tools for asset transmission.
- The third article will explore the complementarity between wills and foundations, offering a comprehensive and secure succession strategy.