Common Mistakes People Make When Drafting a Will in UAE

A will is often left until a property purchase, a new child or an unexpected trip makes the question feel urgent. Yet the common mistakes people make when drafting a will in UAE are rarely about intention. They arise when a document that appears clear to its writer does not meet the relevant legal process, does not cover the right assets, or leaves family members with avoidable uncertainty.

For expatriates and non-Muslims with homes, bank accounts, investments or children in the UAE, a properly prepared will can be one of the most practical documents they arrange. The aim is not simply to state who should inherit. It is to create instructions that can be identified, accepted and acted upon when they are needed.

Common mistakes people make when drafting a will in UAE

Using a template from another country

A will prepared for use in the UK, Europe or another home jurisdiction may reflect excellent intentions but still be unsuitable for UAE assets or procedures. It may refer to foreign probate terminology, omit local formalities or fail to address guardianship in a way that is workable here.

This does not necessarily mean a foreign will has no relevance. The position depends on the person’s nationality, religion, assets and the authority through which the will is registered or considered. The mistake is assuming that one document automatically settles every asset in every country.

Where a person holds assets in more than one jurisdiction, careful planning is needed to avoid accidental revocation of an existing will or contradictory instructions. A UAE-focused will should be considered alongside, rather than copied from, any overseas estate plan.

Choosing the wrong will route

Non-Muslims in the UAE may have different will registration options, including channels associated with DIFC, Dubai Courts and Abu Dhabi Judicial Department. These options are not interchangeable simply because they all relate to wills.

The appropriate route can depend on where assets are located, whether guardianship provisions are required, the testator’s personal circumstances and the level of geographical coverage needed. Selecting a route solely because it is cheaper or because a friend used it can create complications later. The better approach is to clarify the intended coverage before drafting begins.

Writing vague instructions

Phrases such as “my family should decide” or “divide everything fairly” may sound sensible, but they place difficult decisions in the hands of people who may not agree. A will should identify beneficiaries clearly and describe the intended shares or gifts in terms that can be applied.

Vagueness is especially risky where there are children from different relationships, unmarried partners, dependent relatives or assets held in several countries. If a beneficiary’s name is common, include identifying details. If a particular property, account or business interest is intended for someone, describe it accurately without relying on informal nicknames.

A clear will can still allow flexibility. For example, an executor may need authority to sell an asset and distribute its proceeds rather than transfer it directly. The wording should reflect what the testator actually wants to happen, not merely what sounds formal.

Forgetting assets that sit outside the obvious list

Many people remember a Dubai property and a main bank account but overlook savings accounts, vehicles, shares, company interests, end-of-service entitlements, digital assets or personal belongings of value. An incomplete asset picture can leave part of an estate without clear directions.

It is also worth checking how each asset is owned. Joint ownership, company ownership and assets subject to contractual beneficiary nominations can operate differently from assets held solely in an individual’s name. A will is essential estate-planning evidence, but it does not always override every contractual arrangement or ownership structure.

Keep an up-to-date private schedule of assets, account references and key contacts. It does not need to be published in the will itself, and it should be stored securely. Its purpose is to help an executor understand what exists and where to start.

Treating guardianship as a passing sentence

For parents, guardianship provisions may be the most sensitive part of a will. Naming a preferred guardian without discussing the role with them first can lead to a difficult surprise. Naming only one person, without an alternative, can also create a gap if that person cannot act when the time comes.

Parents should consider practical questions: where would the child live, would the proposed guardian be willing and able to relocate if needed, and who would manage money for the child’s benefit? Guardianship decisions may also be subject to applicable law and the relevant authority’s assessment of the child’s welfare. A carefully drafted clause supports the parents’ wishes, but it should not be treated as a substitute for considered family planning.

Appointing an executor without considering the job

An executor is responsible for administering the estate, dealing with formalities and following the will. This may involve communicating with banks, authorities, beneficiaries and advisers at a time when the executor is grieving themselves.

Appointing a trusted relative can be appropriate, but trust alone is not the only consideration. Choose someone organised, reliable and likely to be available. An overseas executor may face additional practical hurdles, while an executor with a conflict of interest can cause tension among beneficiaries. Naming a replacement executor is a simple safeguard that is often missed.

Assuming a Power of Attorney works after death

A Power of Attorney can be extremely useful while the person granting it is alive, particularly for property or administrative matters. It is not, however, a replacement for a will. Authority under a Power of Attorney generally ends on the death of the person who granted it.

This distinction matters for overseas owners who have arranged a Property Power of Attorney and assume their representative can continue selling, transferring or managing assets after death. Estate administration requires the proper post-death process. The documents should work together, but they have different purposes.

Missing signing, language or registration formalities

A strong draft can still fail to deliver its intended benefit if the execution process is handled incorrectly. Requirements around identification, signing, witnessing, translation, registration and authentication can vary by route. A last-minute signature on an unverified document, or an informal translation prepared without checking the final text, can introduce unnecessary risk.

Do not make handwritten changes after signing and assume they will be accepted. If circumstances change, arrange a properly prepared update or replacement. Equally, do not sign a document until you understand every clause, including any clause that revokes previous wills.

Failing to update the will after life changes

A will is not a document to put in a drawer and forget. Marriage, divorce, a birth, a death, a new property, a company sale or a move to another country can change whether the document still reflects the testator’s wishes.

Review it after any major life or financial event, and at sensible intervals even if nothing dramatic has happened. The review may confirm that no change is needed. That reassurance is valuable, particularly where family circumstances or asset ownership have become more complex.

A more reliable way to prepare your will

Start by identifying your assets, intended beneficiaries, potential executors and guardians. Then consider which UAE will route suits your circumstances before wording is finalised. This sequence prevents a common problem: drafting detailed instructions first, then discovering they do not fit the chosen registration process.

Professional drafting support is particularly useful when assets are spread across jurisdictions, children are involved, or an existing overseas will must remain in place. POA&More can help non-Muslim clients prepare wills through the relevant UAE channels, with clear drafting and document support designed to reduce avoidable delays.

A well-prepared will gives your family something more valuable than a set of legal pages: clear direction at a time when they should not have to guess what you wanted.