UAE Will & POA for Real Estate

The Importance of UAE Power of Attorney & Wills in Real Estate Transactions

When it comes to managing or passing on real estate assets in the UAE, having a legally valid Power of Attorney (POA) and a registered Will is not just a good practice—it’s essential. Whether you're an expat resident, a global investor, or a property-owning family, these legal tools can safeguard your rights, prevent complications, and ensure smooth real estate transactions in the UAE.

What is a Power of Attorney (POA)?

A Power of Attorney is a legal document that authorizes someone (an agent or representative) to act on your behalf in legal or financial matters. In the context of real estate, a POA allows your representative to sign contracts, register properties, sell or lease real estate, and manage ownership transfers—even if you are outside the country.

Types of POAs commonly used in UAE real estate:

• General POA: Broad authority over multiple financial and legal affairs including property, vehicles, and bank accounts.
• Specific POA: Limited authority, such as to buy or sell a specific property, or complete a particular transaction only.

Key POA Benefits in UAE Real Estate:

• Enables seamless property transactions without the owner's physical presence.
• Ideal for international investors or business owners managing assets remotely.
• Prevents delays due to visa renewals, travel, or medical reasons.
• Legally accepted by the Dubai Land Department and other authorities, once notarized and attested.

Why a Will is Critical for UAE Property Owners

In the absence of a registered Will, UAE courts will distribute the estate of a deceased expat as per Islamic Sharia Law—even if the deceased follows a different religion or legal system. This can lead to complications, delays, and unwanted outcomes for families and co-owners.

Having a registered Will ensures:

• Property and other assets are distributed exactly as per your wishes.
• Legal protection for your spouse, children, or other chosen beneficiaries.
• Faster estate settlement without probate delays or court intervention.
• Security for families living in the UAE, especially in jointly owned assets.

Where Can You Register a Will in the UAE?

Wills for expats can be legally registered and executed through:

• DIFC Wills Service Centre (Dubai): Recognized for non-Muslim expats, offering English-language wills.
• Dubai Courts: UAE’s official Arabic legal registry—widely accepted but follows formal procedures.
• ADJD – Abu Dhabi Judicial Department: A modern, bilingual option allowing civil will registration for expats.

Each jurisdiction has its own registration procedures, fees, and document formats—so choosing the right platform based on residency, asset type, and family situation is crucial.

Real Estate Implications You Shouldn’t Ignore

• Joint Ownership: Without a Will, your share in a jointly owned property may not automatically go to your spouse.
• Mortgaged Properties: Outstanding loans don’t vanish on death; a Will can assign payment responsibility and protect heirs.
• Rental Income: Without clarity, rental cash flows may be frozen until court decisions are finalized.
• Commercial Real Estate: Without succession planning, businesses operating from owned premises may face legal disputes or forced closure.

How Homely Yours Can Help

At Homely Yours, our trained advisors understand the legal, emotional, and transactional importance of POAs and Wills in UAE real estate. Whether you’re an NRI investing in Dubai, a long-term resident, or planning for your family’s future, we can:

• Assist in drafting, notarizing, and attesting POAs (General or Specific).
• Guide you through choosing and registering a Will via DIFC, Dubai Courts, or ADJD.
• Coordinate with qualified legal professionals and translators for complete support.
• Structure your real estate transactions and inheritance plan to reduce risk and ensure continuity.

Legal clarity is the foundation of real estate security—don’t leave it to chance.

Speak to a Homely Yours Advisor about POAs and Will Registration in the UAE