Nobody wants to think about this. But for Saffas living in the UAE with assets in two countries, not having a proper will in place is genuinely risky. Your family could face frozen bank accounts, court delays, and the wrong people inheriting what you built. The process is straightforward once you understand the landscape.
If you die in the UAE without a registered will: Your UAE assets are distributed under UAE default inheritance rules. For non-Muslims this means a fixed split: 50% to your surviving spouse, 50% divided equally among your children. No flexibility. Your actual wishes are irrelevant. From 1 January 2026, if you die with no will and no identifiable heirs, your UAE assets are transferred to a government charitable endowment. Register a will today.
Why you need two separate wills
As a Saffa in the UAE you likely have assets in both countries. Each country has its own legal system and neither will automatically recognise the other's inheritance documents.
Your UAE will covers:
- UAE bank accounts, property, investments and guardianship of children in the UAE
- Governed by UAE law (DIFC, ADJD or Dubai Courts)
- Without it: default UAE inheritance rules apply
Your South African will covers:
- SA property, retirement annuities, unit trusts, savings and SA business interests
- Governed by the SA Administration of Estates Act
- Without it: SA intestate succession law applies
The golden rule: Draft both wills at the same time. Make sure they refer to each other and are carefully worded so they do not accidentally revoke or contradict each other. Use an attorney with cross-border SA and UAE estate experience.
Your UAE will: three ways to register it
An unregistered will in the UAE may be treated as though it does not exist. You must formally register it.
Option 1: DIFC Wills Service Centre
- Best for: Dubai-based assets, common law preference, fastest probate.
- Cost: AED 10,000+ single will, AED 15,000+ mirror wills for spouses.
- Language: English only.
- Covers: all UAE assets and worldwide assets if specified.
- Open to any non-Muslim adult, resident or non-resident, with UAE assets or children.
- Can be done in person or remotely by video conference.
- Six will types: Full Will, Property Will, Financial Assets Will, Guardianship Will, Business Owners Will, Digital Assets Will.
- Dubai Law No. 2 of 2025 gives DIFC wills exclusive jurisdiction for Dubai assets.
Option 2: ADJD (Abu Dhabi Judicial Department)
- Best for: all-emirates assets, cost-conscious, online process.
- Cost: AED 950-2,200 government fee.
- Language: Arabic and English (Arabic translation of supporting documents required).
- Covers: all seven emirates under federal law.
- Fully online, digital seal within 3-5 business days.
Option 3: Dubai Courts
- Best for: Dubai-based, Arabic process preferred.
- Cost: AED 2,020 approx.
- Language: Arabic.
Choose DIFC if: You have significant Dubai property or investments, prefer English common law, have business interests or digital assets in Dubai, and budget allows AED 10,000+.
Choose ADJD if: Your assets are spread across multiple emirates, cost is a primary concern, or you are comfortable with a bilingual Arabic/English process.
What your UAE will should cover
- All UAE bank accounts (by account name and bank)
- UAE property (by title deed number and location)
- UAE investments, shares or business interests
- End-of-service gratuity and any employer-held funds
- Personal belongings and vehicles
- Executor appointment
- Guardian appointment for minor children residing in the UAE
- Express statement that this will covers only UAE assets
Your South African will
South Africa practises Freedom of Testation: you can leave your assets to anyone you choose. No forced heirship rules.
For your SA will to be valid it must be:
- In writing (typed or handwritten)
- Signed by you at the end and on every page, in the presence of two witnesses who are both present simultaneously
- Witnesses must not be beneficiaries or spouses of beneficiaries
- You must be at least 16 years old and of sound mind
What your SA will should cover:
- SA immovable property (by title deed and physical address)
- SA bank accounts, unit trusts, shares and investments
- SA business interests
- Personal effects and sentimental items
- Executor appointment (a SA-based executor is recommended for expats)
- Testamentary trust for minor children if significant assets are involved
- Express statement that this will covers only SA-sited assets
Retirement annuities are NOT covered by your will. In SA, RA and pension fund death benefits are distributed at the discretion of fund trustees under Section 37C of the Pension Funds Act. Your will does not override this. Update your nominated beneficiaries on file with each fund.
SA estate duty: the numbers
- Estate duty rate — 20% on the first R30M above the abatement
- Estate duty rate (above R30M) — 25%
- Section 4A abatement — R3.5 million per person
- Spousal rollover — Unused abatement transfers to surviving spouse's estate
- Executor fees — Capped at 3.5% of gross estate value plus VAT (negotiable)
- CGT on SA property at death — Triggered as deemed disposal. Effective rate up to 18% for non-residents.
- Repatriation of funds — Requires SARS Tax Compliance Status (TCS) pin before funds can leave SA
What happens if you die without a will
In the UAE: Fixed 50/50 split between spouse and children. From 2026, assets with no heirs go to a government charitable endowment. Bank accounts frozen immediately on notification of death.
In South Africa: Intestate Succession Act applies. No testamentary trust for children. No executor of your choice. Slower process. RA and pension fund trustees decide distribution under Section 37C.
What to do, in order
- List all your assets in both countries — UAE: bank accounts, property, investments, end-of-service gratuity. SA: property, RAs, unit trusts, savings, business interests.
- Find a lawyer with cross-border SA and UAE experience — Look for Sable International, FinGlobal, or a Cape Town or Joburg firm with UAE expat practice.
- Draft your UAE will first — Register via DIFC (difccourts.ae) or ADJD (adjd.gov.ae). More time-sensitive given the January 2026 heirless asset law.
- Draft your SA will simultaneously — Signed in the presence of two witnesses. Lodge with your SA executor or a bank for safekeeping.
- Update beneficiary nominations on all SA retirement funds — These operate outside your will entirely.
- Tell your executor where everything is — Asset register, login details, sealed letter of wishes. Your executor cannot act on what they cannot find.
- Review both wills every two to three years — New property, children, divorce or moving countries should trigger an immediate review.
If you own UAE property jointly with your spouse
Many Saffa couples assume the survivor automatically inherits the other's share. This is incorrect under UAE law. Joint ownership does not carry a right of survivorship. The deceased owner's 50% share becomes part of their estate and must go through probate before it can be transferred. A properly registered UAE will is the only way to ensure a clean transfer.
Information correct as of June 2026. This guide is for general information only. Consult a qualified attorney with cross-border SA and UAE estate planning experience for advice specific to your situation.