Planning for the future is vital in safeguarding your legacy and protecting loved ones. In Abu Dhabi, both property gifts (Hiba) and wills can be legally registered — but the procedures and implications are distinct. At Dewey & LeBoeuf LLP, we guide you seamlessly through these processes to ensure your wishes are respected, legally documented, and enforceable.
Table of Contents
In this article, we explain:
- What “Heba” (gift) means under Abu Dhabi law, especially for real estate
- How to register a gift deed (Hiba) in Abu Dhabi
- How to draft and do will registration in Abu Dhabi via ADJD
- Key legal considerations, risks, and benefits of Heba, Gift & Will Registration in Abu Dhabi
- How professional legal advice from Dewey & LeBoeuf can help you
What Is Heba (Gift) under Abu Dhabi Law?
Heba, or gift, under UAE and Abu Dhabi law refers to the voluntary transfer of property or assets from one person (the grantor) to another (the grantee) without receiving payment in return. Gifts can be made for movable or immovable property. According to the Federal Civil Transactions Law, a gift is valid once there’s a proper offer from the donor, acceptance by the recipient, and the donor actually owns the gifted property.
However, for real estate in Abu Dhabi, there are specific registration rules under Law No. 3 of 2005 (Real Estate Registration Law). Under this law, all “dispositions” such as gifts, sales, or wills must be recorded in the real estate register — otherwise, the rights may not be effective against third parties.
Furthermore, Article 22 of the implementing regulation sets out requirements for gift registration:
- The property must be registered in the grantor’s name.
- The property should be free from impairments or restrictions.
- A declaration of gift (or its withdrawal) must come from a competent court, accompanied by a letter addressed to the Real Estate Registrar.
- The grantee must have the “right of acquisition” (for example, be a legal heir or a close relative).
- In some cases (notably gifts not between parents, children or spouses), the gift may be treated like a sale for registration fee purposes.
- Once approved, the property’s ownership details in the official plan must be updated from the donor to the recipient.
Because of these formalities, a gift contract that is not officially registered may lack full legal effect, especially in the context of real estate transfers.
Why Register a Hiba (Gift Deed)? Key Benefits & Risks
- Legal certainty: Once registered, the recipient’s title is formally recorded in the property register, securing their ownership rights.
- Avoid future disputes: A properly documented gift reduces the risk of challenges from heirs or third parties.
- Exemptions or reduced fees: Gifts to close relatives (ascendants, descendants, spouses) often attract more favorable registration terms, and Abu Dhabi has regulations that may waive or reduce fees in these cases.
- Challenge risk: A gift can be challenged under certain conditions — for instance, if it was made with intent to deprive heirs, or under misrepresentation.
- Court process: The need for a court declaration (gift or its withdrawal) and a letter to the Registrar can make the process more involved than a simple sale.
Given these complexities, professional legal advice is strongly recommended so you can navigate the registration smoothly, minimize risk, and ensure compliance.
Step‑by‑Step: How to Register a Hiba (Gift Deed) in Abu Dhabi
Here’s how to register a gift deed for real estate in Abu Dhabi:
- Verify Ownership
Confirm that the property is registered under the grantor’s name and has no legal impediments (disputes, mortgages, restrictions). - Prepare Documentation
- Title Deed or proof of ownership.
- Identification of grantor and grantee (passports, ID).
- Proof of relationship, if relevant (for rights of acquisition).
- Court declaration of gift (or withdrawal) from a competent court.
- A formal letter addressed to the Real Estate Registrar, submitted along with the court declaration.
- Submit to Real Estate Registrar
File the documents with the Real Estate Registration Division. They will authenticate signatures and register the transaction. - Pay Fees
The applicable registration fees depend on the nature of the gift. For gifts not among close relatives, the transaction might be treated like a sale, and higher fees may apply. - Update Title
Once approved, the Registrar updates the property register, and the ownership is transferred to the grantee. - Record Keeping
Keep the registered deed and all court or registrar correspondence securely. This ensures your legal title is clear and protected.
What Is a Will under Abu Dhabi Law?
A will is a formal declaration made by a person (testator) that dictates how their assets should be distributed upon death. In Abu Dhabi, the Abu Dhabi Judicial Department (ADJD) offers a dedicated Wills Registration Office under the civil family court.
Under Abu Dhabi Law No. 14 of 2021, wills must be registered with ADJD to be legally valid. The law applies primarily to non-Muslim residents and non-Muslim foreigners, but in some cases it has been extended to Muslim expatriates by the court.
According to ADJD’s FAQ, the Will Registration Office accepts forms in English or Arabic. Once the will is approved, the testator schedules a session (in‑person or via video‑conference) with the non‑Muslim Wills and Probate Office to sign and notarize the will.
Why Will Registration in Abu Dhabi? Key Advantages
- Control over asset distribution: You decide who inherits your assets — this is especially valuable for expats who do not want Sharia law to dictate inheritance.
- Low cost: The standard fee for ADJD will registration is AED 950.
- Legal recognition: A registered will is formally recognized by ADJD and can be executed efficiently after your death.
- Flexibility: You can appoint executors, guardians (for children), and specify detailed distribution of assets.
- Peace of mind: Avoid uncertainty, asset freezing, or disputes between heirs.
Step‑by‑Step: How to Register a Will (Civil Will) in Abu Dhabi
Here’s the practical process:
- Draft Your Will
- List your assets: real estate, bank accounts, investments, personal belongings.
- Identify beneficiaries (names, nationalities, relationship).
- Choose one or more executors to manage carrying out the will.
- Optionally, appoint guardians for minor children.
- Translate if Needed
If the will is not in Arabic, have it translated by a sworn translator. ADJD requires an Arabic or bilingual (English + Arabic) will. - Gather Required Documents
- Emirates ID and passport (original + copy) of testator.
- Proof of ownership of assets (title deeds or other ownership proofs) to list in the will.
- Power of Attorney (PoA) if someone else is applying on your behalf, strictly limited to will-making.
- Two witnesses (not beneficiaries or their spouses) with ID documents.
- Submit Application to ADJD
- Use ADJD’s website to submit your application.
- Pay the AED 950 registration fee online.
- Wait for confirmation (you’ll typically receive an SMS).
- Schedule Notarization / Probation Session
- ADJD sets an appointment for you to appear (in person or via video call) before the Non-Muslim Wills Office.
- During the session, you present the original will, your ID, and witnesses.
- Receive Registered Will
- Once ADJD approves and notarizes your will, it becomes officially registered.
- You will be issued a registration number and copies.
- Keep your registered will in a safe place (and possibly provide a copy to your executor).
Legal Considerations & Risks
- Challenging a gift (Hiba): A donor or heirs might challenge a gift in court, for example, on grounds of undue influence, fraud or incapacity.
- Fees treatment: Not all gifts are fee-exempt — gifts outside close family (e.g., non-spouse, non-child) may attract full registration fees.
- Intestate succession: If you die without a valid registered will, Abu Dhabi Law No. 14/2021 governs your estate.
- Sharia law vs civil will: While Law No. 14/2021 is primarily for non-Muslims, some Muslim expatriates have registered civil wills under ADJD on a discretionary basis.
- Revoking a will: You can revoke or replace your will at any time by submitting a new application to ADJD.
Why Choose Dewey & LeBoeuf LLP for Your Heba & Will Needs in Abu Dhabi
At Dewey & LeBoeuf LLP, we bring together:
- Cross-border legal expertise: As an international firm with a presence in Dubai, the UK, Singapore, and Bangladesh, we understand the relevance of multi-jurisdictional estate planning.
- Local regulatory knowledge: Our Abu Dhabi team is well-versed in ADJD’s will‑registration processes and Abu Dhabi’s real estate law (Law No. 3 of 2005).
- Tailored estate planning: We help you draft wills (and Hiba deeds) that reflect your wishes, whether you are an expat, a non‑Muslim, or a resident concerned about cross‑jurisdiction assets.
- Risk mitigation: We anticipate and manage risks such as family disputes, challenges over gifts, or ambiguous beneficiary designations.
- Smooth execution: From documentation to court declarations, notarization, and registration — we handle every step on your behalf, minimizing stress and errors.
Frequently Asked Questions (FAQ)
Who can register a will with ADJD in Abu Dhabi?
Under Abu Dhabi Law No. 14/2021, non‑Muslim residents (and in some cases, Muslim expats) can register a civil will via ADJD’s Civil Family Court.
How much does it cost to register a will in Abu Dhabi?
The registration fee at ADJD is AED 950 for a single will.
What documents are required to register a will?
You need your Emirates ID and passport, your will in English or Arabic (or both), proof of ownership of assets, and two witnesses.
How do I register a gift (Hiba) for property in Abu Dhabi?
You must prepare a court‑issued declaration of the gift, ensure the property is free from restrictions, submit the relevant documentation to the Real Estate Registrar, and pay registration fees.
What happens if I die without a registered will?
Then the estate is distributed according to the rules laid out in Law No. 14/2021, which determines shares among spouse, children, parents, and siblings.
Call to Action
At Dewey & LeBoeuf LLP, our dedicated team of estate planning and real estate law experts in Abu Dhabi is ready to support you in securing your legacy. Whether you wish to register a Hiba (gift deed) or a civil will with the ADJD, we offer tailored legal guidance, complete handling of all documentation, and streamlined registration — giving you peace of mind.
Contact us today for a personalized consultation, and let us help you protect what matters most.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE