Trust Services
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A Trust in the UAE operates as a strong legal framework which allows a person known as Settlor to transfer ownership of specific assets to a legal person or entity who acts as Trustee. The trustee administers the assets to benefit specific individuals who are known as Beneficiaries or to fulfill a particular charitable purpose. Trusts established under Federal Decree‑Law No. 31 of 2023 provide a clear and reliable structure for wealth preservation, asset protection, and succession planning in the UAE. The trust assets create a legal division between the assets of the settlor and the trustee which establishes strong protections against all creditor claims and other external claims.
At HHS Lawyers, our estate planning lawyers in Dubai can assist with:
- Preparing and reviewing Trust Instruments in compliance with UAE Trust law and Free Zone rules.
- Assist with Trust registration before the relevant authorities.
- Professional trustee services for complete trust administration management and oversight.
- The team conducts AML aligned audits of trust assets and structures.
- Advisory services while representing clients in all trust related disputes which occur in the UAE, the DIFC and ADGM jurisdictions.
What Is a UAE Trust?
Under Federal Decree-Law No. (31) of 2023, a Trust can be defined as a legal person which is created by a “Trust Instrument” to achieve the purpose of the Trust. Through a written Trust instrument also called as Trust deed, the settlor can transfer the assets to a Trustee.
Unlike traditional common law trusts, an onshore UAE trust obtains its own independent legal personality upon registration. This status allows the trust a financial and administrative independence, the capacity to sue or be sued, and the ability to hold title to assets directly, including real estate and corporate shares.
Purpose & Legal Importance of Setting up Trust in UAE Market
A trust is a smart, legal way to hold and manage your assets while keeping them safe from personal risks. Once assets go into a properly registered UAE trust as per UAE Trust Law (under Federal Decree-Law No. 31 of 2023), they are legally separate from your own property. This usually protects them from your creditors, bankruptcy claims, or personal debts. A trust allows you to pass wealth to your family privately and quickly — no long court delays, no public probate, and better control over when and how beneficiaries receive their share. Placing family business shares or ownership under a trust helps keep the company stable. It prevents splitting the business among many heirs and supports steady management for the long term. To get these real protections — strong asset shielding, legal personality, and full separation — the trust must be created through a valid Trust Instrument, approved by the Competent Authority, and registered in the official Record. Without proper registration, the trust fails to provide full benefits under the UAE trust law and may be treated as just a simple agreement.Asset Protection
Smooth Succession Planning
Family Business Continuity
Legal Validity
Who Needs a UAE Trust?
- High‑Net‑Worth Individuals (HNWIs): Wealthy individuals establish trusts to safeguard their assets and maintain their privacy while they handle their international wealth through a single protective arrangement.
- Families With Property or Investments: The trust creates established guidelines which determine how your family will receive assets after your death and how they will handle them over time.
- Family Business Owners: The trust serves to maintain business operations throughout all stages of ownership while simultaneously preventing business disputes and maintaining organizational stability.
- Expatriates Living in the UAE: Expats who want their assets distributed according to their personal wishes — not default inheritance rules — benefit from a trust because it gives full control over succession.
- Individuals With Minor Children: A trust ensures children receive assets at the right age and under the right conditions, with a trustee managing everything responsibly.
- Companies and Corporate Groups: Trusts serve as a tool for businesses to provide employee benefits and pensions while also handling share distribution and investment management through special purpose vehicles.
- Charitable and Philanthropic Organisations: Trusts establish a legal framework to handle charitable donations, endowments and long-term charitable funds.
Documents Required for Trust Formation in UAE
The UAE requires the following documents to establish and register a trust.
- Trust Instrument: A written document with notarization (if required). It shows the settlor’s intention to create a trust which has a specific name and purpose with detailed terms.
- Settlor’s Identification: Corporate settlers must provide passport copies and Emirates IDs together with a Board Resolution and a Certificate of Incorporation.
- Asset Documentation: The document must show ownership of all transferred assets through Title Deeds, Share Certificates and Bank Statements.
- Trustee & Protector Details: The identity documents together with the official UAE licenses must be provided for professional trustees.
- Beneficiary Information: The document must provide complete identification of beneficiaries through their names, family relationships and their specific class definitions.
- No-Objection Certificates: NOCs must be obtained from the relevant authorities when the trust receives real estate or particular corporate shares.
Requirements for Trust Foundation in the UAE
The Federal Decree-Law No. 31 of 2023 Concerning Trust requires specific steps which must be completed to establish a trust that will obtain legal status, trust enforcement and trust protection. The following elements establish legal trust requirements:
1.Settlor’s Legal Capacity
The person creating the trust (settlor) needs to possess complete legal capacity to create the trust. The key requirements are:
- Natural person: 21 lunar years old, sound mind, not restricted from managing their affairs (per Federal Civil Transactions Law).
- Company or legal entity: Proper board resolution or authorization under UAE company law.
2.Ownership of the Trust Property
- The settlor must own the assets being placed in the trust and have the right to transfer them (personally or through a legal representative).
- The assets must exist as identifiable property which includes property obtained in the future.
- Transfer of ownership to the trust usually happens after registration (within 6 months unless the trust deed says otherwise).
3. Clear Trust Instrument (Trust Deed)
This is the main document — it must be:
- In writing and signed by the settlor (and optionally the trustee).
- In Arabic or with a certified Arabic translation.
- Approved by the Competent Authority of the Emirate (e.g., DET in Dubai).
- Registered in the official confidential Record.
Must include:
- Express intention to create the trust.
- Beneficiaries or clear ways to identify them.
- Description of the trust property (or how it can be identified).
- Trust name.
- Trustee appointment (or how to appoint one).
- Trustee’s powers.
- Duration (if not stated, it’s considered lifelong unless court decides otherwise).
- Missing any of the above (except duration) makes the trust deed invalid.
Why Choose HHS Lawyers for Trust Services in the UAE?
Choosing the right legal team for trust services in the UAE is important because a trust structure must be carefully planned, legally valid, and aligned with the purpose of asset protection, estate planning, succession, or business continuity. HHS Lawyers and Legal Consultants assists individuals, families, business owners, and investors with tailored legal support for setting up and managing trusts in the UAE.
Our team provides practical guidance on trust formation, trustee responsibilities, beneficiary arrangements, estate planning, asset transfer, and related legal documentation. We help clients understand the legal requirements, prepare the necessary documents, and structure the trust in a way that protects their interests and reduces the risk of future disputes.
Clients looking for the best trust services in the UAE need legal support that is clear, reliable, and suitable for their specific objectives. HHS Lawyers offers assistance with:
- Legal advice on trust setup, administration, and estate planning
- Assistance with trustee, guardian, and beneficiary arrangements
- Support for family wealth protection and business succession planning
- Preparation and review of trust-related legal documents
- Guidance on wills, living wills, powers of attorney, and related asset transfer matters
Whether you need legal advice before creating a trust or support with an existing trust arrangement, our trust services lawyer in the UAE can guide you through the process with clarity and confidence.
FAQs
Q1: What is a trust?
A trust is a legal arrangement where assets are held and managed by a trustee for the benefit of selected beneficiaries. It is commonly used for asset protection, estate planning, succession planning, and family wealth management.
Q2: Why do people set up trusts?
People set up trusts to protect assets, manage family wealth, plan inheritance, transfer business ownership, support beneficiaries, and reduce the risk of future disputes over property, family wealth, or business interests.
Q3: Who are the settlor, trustee, and beneficiaries in a trust?
The settlor is the person who creates the trust and transfers assets into it. The trustee manages those assets according to the trust deed, while the beneficiaries are the people or entities intended to benefit from the trust.
Q4: What assets can be placed in a trust?
A trust may include different types of assets, such as shares, family business interests, real estate, investments, bankable assets, or other property, depending on the trust structure and applicable legal requirements.
Q5: What is the difference between a trust and a foundation?
A trust usually involves a trustee managing assets for beneficiaries, while a foundation is a separate legal structure that can hold assets in its own name. The suitable option depends on the client’s asset structure, control requirements, succession plan, and long-term objectives.
Q6: Can a trust help with family business succession?
Yes. A trust can help business owners plan how ownership, control, and benefits will pass to family members or selected beneficiaries. It can also create a clearer structure for managing family-owned businesses and reducing succession disputes.
Q7: Are trusts legally recognized in the UAE?
Trusts may be legally recognized when they are properly structured under the applicable legal framework, such as UAE law, DIFC, ADGM, or another relevant jurisdiction. Legal advice is important to ensure the trust is valid, enforceable, and suitable for the intended purpose.
Q8: What documents are required to set up a trust?
The required documents may include identification documents, details of the settlor, trustee and beneficiaries, asset information, the trust deed, and supporting documents related to the purpose and structure of the trust.
Q9: Can non-residents set up a trust in the UAE?
Non-residents may be able to set up a trust depending on the chosen jurisdiction, type of assets, trustee arrangement, and purpose of the trust. Legal guidance is recommended before selecting the structure.
Q10: Do I need a lawyer to set up a trust?
Legal support is strongly recommended because a trust must be carefully drafted, properly structured, and aligned with the settlor’s objectives. A lawyer can help prepare the trust deed, explain trustee duties, protect beneficiary interests, and reduce the risk of future disputes.
