Will for Filipino expats in the UAE
By MyHaven Team6 minute read
A Filipino living in the UAE can make a will here, registered with the Abu Dhabi Judicial Department, for money and belongings in the UAE, and keep a separate will in the Philippines for land, a house or savings back home. Under Philippine law, a will cannot pass any property until a Philippine court has approved it in probate, and a UAE court would also need it attested and translated. A UAE will is ready to use here. This guide explains how the two work together, in plain words.
The short answer
If you have a bank account, a car, savings or property in the UAE, a registered UAE will tells the court who should receive them. With or without a will, an account in your sole name is frozen when the bank learns of your death and is released only on a court order. A registered will makes that order simpler to get.
If you also own something in the Philippines, keep a will there too. Each will should say it covers only its own country, so one does not cancel the other.
One will here, one at home
Philippine law allows this. Article 815 of the Civil Code says that a Filipino in a foreign country may make a will in any of the forms used in that country, and that such a will may be probated in the Philippines.
| UAE will | Philippine will | |
|---|---|---|
| Covers | Bank accounts, savings, a car or property in the UAE | Land, a house, bank accounts and other property in the Philippines |
| Language | English and Arabic, side by side | A language or dialect you know, for example English, Filipino or Cebuano |
| Executor | Someone you trust who lives in the UAE | Someone you trust who lives in the Philippines |
| Children | Names who looks after children living with you here | Ask a lawyer in the Philippines |
A will made on the ADJD’s form already says it covers your estate in the UAE only. If you later make a new will in the Philippines, ask the lawyer to make sure it does not cancel “all previous wills”. It should cover only property in the Philippines. Why a home will on its own does not work here is explained in is a foreign will valid in the UAE.
Philippine rules worth knowing
These come from the Civil Code of the Philippines. They are a short guide only. For your own family, talk to a lawyer in the Philippines.
Some of your family have a reserved share
Philippine law keeps part of your estate for certain family members, called compulsory heirs. The reserved part is the “legitime”. Compulsory heirs include your children (including children born outside marriage), your husband or wife, and your parents if you have no legitimate children. If you have legitimate children, half of your estate is reserved for them, and your spouse also has a share. You can only give away the rest freely.
Article 16 of the Civil Code says a Filipino’s inheritance follows Philippine law, wherever the property is. The UAE law for non-Muslim residents, Federal Decree-Law 41 of 2022, lets you leave all your UAE assets to anyone by will (Article 11). How a UAE court weighs the two for your family is a question for a lawyer. Some families choose to leave at least those shares in their UAE will; a lawyer in the Philippines can tell you whether that matters for yours.
Two kinds of will in the Philippines
- A notarial will is signed by you and by three or more witnesses, who also sign the pages, and it is acknowledged before a notary public.
- A holographic will is written entirely by your own hand, dated and signed by you. It needs no witnesses and can be made in or out of the Philippines.
Every will goes through probate
Article 838 says no will passes any property until a court has proved and allowed it. That is probate. You can even ask the court to allow your will while you are alive. Either way, it takes time, which is one more reason to keep UAE assets under a UAE will.
No joint wills
Two people cannot make one will together, and a joint will made abroad by Filipinos is not valid in the Philippines (Articles 818 and 819). This does not affect mirror wills in the UAE. A mirror will is two separate wills, one for each of you.
Philippine estate tax
The Philippines charges estate tax at 6% of the net estate, under Section 84 of the National Internal Revenue Code as amended by the TRAIN law (Republic Act 10963). The same law says that when a bank in the Philippines knows an account holder has died, it can allow withdrawals subject to a 6% final withholding tax. What is taxed, and the deductions, depend on your situation. The Bureau of Internal Revenue or a Philippine accountant can tell your family what applies. The UAE side is covered in inheritance tax in the UAE.
Who looks after your children here
If your children live with you in the UAE, your will is where you name who cares for them. If both parents die and nobody is named, a UAE court decides. A relative flying in from Manila has no automatic standing on the day.
A UAE will names two people for this:
- An interim guardian who lives in the UAE, such as a friend or relative the children know. They collect the children and care for them in the first days.
- A permanent guardian, who can live in the Philippines, such as a sister, brother or grandparent. They take over once they arrive.
Ask both people first. More detail is in guardianship for expat children in the UAE.
Help for your family if you die in the UAE
The Philippine Consulate General in Dubai
The consulate records the death with a Report of Death and issues a No Objection Certificate. Your family applies for both. The consulate’s list of requirements includes the death certificate in English and Arabic, your passport, the hospital notification and the cancellation of your visa. If you were employed, it also asks for a certificate showing your end-of-service benefits were paid. Your gratuity is explained in end-of-service gratuity after a death in the UAE.
OWWA benefits
If you are an active OWWA member when you die, OWWA pays your beneficiary a death benefit of 100,000 pesos for a natural death or 200,000 pesos for an accident, plus a burial gratuity of 20,000 pesos. Keep your membership active, and make sure your family knows you are a member.
What it costs
A single UAE will costs 699 AEDwith us, plus the ADJD’s court fee of 950 AED, which you pay directly to the court. A will registered with the ADJD covers all seven emirates, so it works whether you live in Dubai, Abu Dhabi or Sharjah. Every fee is listed in how much a will costs in the UAE.
What to do next
Write down what you have here and what you have at home. Think about who you trust to handle each. If you have children, think about who would care for them on the first day, and who would raise them after.
Once your will is registered, tell people about it. Give a copy to your executor in the UAE and to someone you trust at home. Keep a short note with your phone or passport papers that says where the will is, who your executor is, and your OWWA membership details. A will helps most when your family knows it exists and can find it quickly.
Then take our free assessment. It asks a few simple questions and tells you which will fits you before you pay anything.
Frequently asked questions
- Can a Filipino make a will in the UAE?
- Yes. Article 815 of the Philippine Civil Code allows a Filipino abroad to make a will in the forms used in that country. A will registered with the Abu Dhabi Judicial Department covers money and belongings in all seven emirates.
- Is a will from the Philippines valid in the UAE?
- It is not automatically recognised by a UAE court. It would first need probate in the Philippines, because no will passes property there until a court allows it, and then attestation and an Arabic translation here.
- Can I leave everything to anyone I want?
- Philippine law reserves part of an estate, the legitime, for compulsory heirs such as children and a spouse. If you have legitimate children, half of your estate is reserved for them. A lawyer in the Philippines can explain how this applies to your family.
- How much is estate tax in the Philippines?
- 6% of the net estate, under Section 84 of the National Internal Revenue Code as amended by the TRAIN law (Republic Act 10963).
- What does OWWA pay if a member dies?
- For an active member, OWWA pays a death benefit of 100,000 pesos for a natural death or 200,000 pesos for an accident, plus a burial gratuity of 20,000 pesos.
Sources
MyHaven is not a law firm and this guide is not legal advice. It explains how the process works so you can make your own decisions. What that means
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