Updating Your Will After Divorce or Remarriage in Dubai: What You Need to Know

07 August
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Life moves on, and with it, your will should also change.

Been divorced or remarried recently? Then it’s probably time to take another look at your will. It’s not just a paperwork thing- it’s about making sure what you want actually holds up if something happens. In Dubai, the legal stuff can get a bit tricky, especially since the rules change depending on your background. So yeah, it’s more complicated than most people expect. That's the reason why most people would rather sit down to write a will in Dubai with the assistance of someone who truly understands the system inside and out.

Let's discuss what actually does change following a divorce or a remarriage, and how to maintain your will so your assets, children, and desires are left in the manner you desire.

Why You Need to Update Your Will after Divorce?

When a marriage breaks up, a there are several things that must be separated: property, custody, money, and yes- your will. A lot of people overlook this step. But if your will still leaves your ex-spouse as a beneficiary or executor, that’s a problem waiting to happen.

In the UAE, family affairs are covered by Federal Law No. 28 of 2005 (Personal Status Law). If your will still names your ex, then that individual may be legally entitled to inherit or make decisions you never wanted them to. That’s not a risk worth taking.

Also, if you had minor children with your ex, custody and guardianship issues come into play. Unless you specify a legal guardian in your new will, courts might decide based on default local laws- which may not align with your wishes, especially if you’re not a Muslim or you follow a different legal system.

If you’re unsure about the legal grey areas, this is where legal consultants in Dubai step in to clarify, rewrite, and help you draft a will that reflects your new life.

Remarriage Brings Its Own Set of Challenges

Getting remarried is a fresh start, but it can complicate things- especially if you or your new spouse have children from previous relationships. You now have to think about how assets will be split between current spouses, stepchildren, and biological children.

Without updating your will, you risk unintentionally cutting someone out- or worse, creating tension among loved ones when they’re already dealing with loss.

Let’s say you had a will before, naming only your previous spouse and children. Now you’re remarried, but haven’t updated it. Unless you clearly state it in your will, your new spouse might not have any legal right to your assets. That’s the reality. And if you don’t lay out exactly who should get what, there’s a good chance the distribution could fall under Sharia-based inheritance rules. It all depends on things like your nationality, religion, and whether you’ve registered a non-Muslim will with DIFC or Dubai Courts.

Bottom line: remarriage needs a fresh look at your estate plan. Will drafting in Dubai can get complicated fast if you don’t account for these details.

Children, Guardianship, and Future Planning

For parents, this is one of the most important reasons to act fast after a major life change. You need to clearly state who you want to take care of your children if something happens to you. And it needs to be legally sound- not just a verbal agreement or something you “thought you’d get around to.”

The UAE doesn't automatically recognize informal guardianship declarations. If you’re an expat, the legal system may default to local rules unless you’ve filed a properly written and registered will.

That’s why a lot of families consult with a legal firm in Dubai that understands both local law and expat circumstances. Don’t assume your home country laws will apply here- they usually won’t unless you take specific legal steps.

What Should You Include in Your Updated Will?

Here’s a checklist of things to consider when updating your will after divorce or remarriage:

Remove your ex-spouse from any beneficiary, trustee, or executor roles (unless you intentionally want them there).
Add your new spouse and/or step children, with clear definitions and instructions.
Designate guardians for your minor children, including backups.
Divide assets explicitly, especially if you have property in multiple countries.
Clarify personal items, gifts, and financial accounts, to avoid confusion later.
Consider setting up trusts, especially in blended families, to ensure long-term security for your children.

A good legal consultant in Dubai will walk you through this, and help avoid vague wording that can create problems later. The language has to be specific enough to hold up in court- vagueness is one of the biggest reasons wills get contested.

What Happens If You Don’t Update Your Will?

If you pass away without an updated will after divorce or remarriage, a few things can happen- none of them good.

Your ex might inherit, if still listed.
Your new spouse might be left out, especially if not listed or if Sharia law applies.
Your children might not have a legal guardian, which can lead to delays or even custody issues.
The court decides everything, and your actual wishes might never come into play.

All of this can be avoided with one step: rewriting your will with help from experienced professionals like Dubai advocates and legal consultants who deal with these situations every day.

Can Expats Make a Will in Dubai?

Yes, and you absolutely should- especially if you own property or have family here. The UAE has made it easier in recent years for non-Muslims to register wills that follow their own legal traditions.

There are two main paths:

DIFC Wills Service: for non-Muslims with assets in Dubai and/or Ras Al Khaimah.
Dubai Courts Non-Muslim Will Registration: allows wills to be officially recognized even if you're not from a Muslim background.

These options give you control- but only if you take the step to draft a will in Dubai officially. Otherwise, the default may still revert to Sharia-based distribution.

A qualified legal firm in Dubai can help you understand which route is best based on your nationality, religion, and family setup.

How Alqada Can Help Without the Hard Sell

Look, this isn’t about pushing services. It’s about getting your affairs in order while you still can. At Alqada Claims Recovery Services, we’ve helped many clients navigate these sensitive situations- sometimes in a rush, and often under pressure. It’s always easier when you plan ahead.

We’ve got a team of Dubai advocates and legal advisors who specialize in estate planning, wills, and inheritance law in the UAE.

Need Help Updating Your Will?

If your life has changed and your will hasn’t, it’s time to talk. Alqada Claims Recovery Services offers reliable, confidential, and clear support to help you rewrite your will the right way. Don’t wait for a legal mess later- reach out today and let our legal services in Dubai give you the peace of mind you and your family deserve.