Who Gets What? A Guide to UAE Inheritance Laws for Expats

What really happens to your assets in the UAE after you’re gone? And will the law honor your wishes?

It’s a question many expats in Dubai never think to ask until it’s too late. With bank accounts, property and family all tied to your life here, inheritance isn’t just a legal technicality. It’s a crucial part of financial and family planning. And in the UAE, the rules don’t always work the way you might expect.

The UAE has a dual legal system when it comes to inheritance. For Muslims, Shariah law applies by default, with a fixed formula for distributing assets among relatives. For non-Muslims, recent legal reforms have opened the door to more flexible options allowing expats to choose their home country’s laws or a civil legal system instead. But here’s the catch: if you don’t make that choice official, the courts may still apply Shariah by default, even if it goes against your intentions.

And that’s not just about who inherits what; it affects everything from guardianship of your children to what happens to jointly owned property or frozen bank accounts. A valid will, registered in the right UAE jurisdiction, can make the difference between a smooth process and a legal maze.

Here's a guide breaking down what every expat needs to know about inheritance laws in the UAE, from the legal framework and recent reforms to practical steps you should take now.

The Legal Framework

The UAE’s inheritance laws are a blend of tradition and modernization, with Shariah law forming the backbone for Muslims. Under Shariah, inheritance follows a fixed distribution system outlined in the Quran, where specific shares of an estate are allocated to family members based on their relationship to the deceased. For instance, a spouse or child receives a predetermined portion, ensuring a structured division of assets. This system, codified in Federal Law No. 28 of 2005 (Personal Status Law), applies automatically to Muslims unless otherwise specified.

For non-Muslims, the landscape shifted with Federal Decree Law No. 41 of 2022, which introduced a civil law option for inheritance. This law allows non-Muslims to opt out of Shariah-based inheritance and choose either their home country’s laws or a civil law framework, particularly in emirates like Dubai and Abu Dhabi. In Dubai, this means expats can now align their estate planning more closely with their personal preferences, bypassing Shariah’s fixed shares. However, without a registered will specifying your choice, Shariah law may still apply by default, especially for UAE-based assets.

The key difference between Islamic and non-Islamic systems lies in flexibility. Shariah mandates specific heirs and shares, while civil law allows you to designate beneficiaries freely, much like in Western jurisdictions. For expats, this distinction is critical, as it affects everything from property to bank accounts.

Inheritance for Expats Under Sharia Law

Before legal reforms, Sharia law applied by default to inheritance cases in the UAE, even for many non-Muslim expats who hadn’t registered a will. This meant that the local courts controlled the distribution of assets, often freezing bank accounts and delaying access to funds until debts were settled. The surviving spouse could end up with only a fraction of the estate and guardianship of children was typically handed to the closest male relative. The process was not only time-consuming but also emotionally and financially draining for families during an already difficult time.

The New Inheritance Law for Expats in the UAE

The UAE has made significant strides in modernizing its inheritance laws, particularly for non-Muslims. In 2020, the UAE introduced sweeping reforms to its personal status laws, enhancing flexibility for expats. The most notable change came with Federal Decree Law No. 41 of 2022, which established a civil law system for non-Muslims. This allows expats in Dubai to opt for inheritance rules aligned with their home country or a civil law framework, bypassing Shariah’s fixed distribution.

In Abu Dhabi, the Civil Family Court has further expanded options, offering non-Muslims a dedicated system for wills and family matters. Dubai has followed suit, with the DIFC Wills Service Centre (formerly DIFC Wills and Probate Registry) gaining popularity for its clarity and enforceability. These reforms reflect the UAE’s push to attract and retain expat talent by aligning legal frameworks with international norms.

Importance of a Will

A will is your strongest tool for controlling how your estate is handled in Dubai. Without one, Shariah law may dictate the distribution of your assets, potentially conflicting with your wishes. For expats, registering a will in the UAE ensures clarity and legal enforceability. Dubai offers several options for non-Muslims to create wills tailored to their needs.

The DIFC Wills Service Centre, established in 2015, is a popular choice for non-Muslims. It allows you to register a will that covers assets like property, bank accounts and even guardianship of children. These wills follow a common-law framework, making them familiar to expats from countries like the UK or US. In Dubai, you can also register an Arabic will through the Dubai Courts, though this is less common for non-Muslims due to its alignment with Shariah.

A will’s scope is broad. It can dictate who inherits your villa in Jumeirah, your savings in Emirates NBD or even your shares in a Dubai-based business. It also allows you to appoint guardians for your children, ensuring their care aligns with your values. Without a will, courts may distribute assets in ways you didn’t intend, and guardianship decisions could fall to judicial discretion. Registering a will in Dubai provides peace of mind, ensuring your wishes are legally binding and reducing the risk of disputes.

Practical Steps Expats Should Take

Securing your legacy in Dubai requires proactive planning. Here are eight essential steps to ensure your assets and family are protected under UAE inheritance laws:

Draft a Will: Create a clear, legally binding will that outlines how your assets, property, bank accounts and investments, should be distributed. Specify your preferences for guardianship if you have children. A well-drafted will prevents Shariah law from automatically applying to non-Muslims.
Register Your Will: File your will with a recognized authority, such as the DIFC Wills Service Centre or Dubai Courts. Registration ensures enforceability and reduces the risk of disputes or delays in asset distribution.
Appoint Guardians for Children: Designate trusted guardians for your minor children in your will. Confirm that they are willing to take on the role and can relocate to Dubai or take the children elsewhere if needed.
Notify Your Bank: Inform your bank about your will and update beneficiary details for your accounts. This helps prevent accounts from being frozen for extended periods after your passing, ensuring smoother access for your heirs.
Consult a Legal Advisor: Work with a UAE-based lawyer specializing in inheritance laws. They can guide you through drafting, registering and ensuring compliance with local regulations, especially if you want to apply your home country’s laws.
Update Asset Records: Keep records of all your assets, real estate, bank accounts and investments, current and accurate. Share these details with your lawyer or a trusted family member to streamline the inheritance process.
Keep Documents Accessible: Store your will, property deeds and other critical documents in a secure but accessible location. Inform a trusted person of their whereabouts to avoid delays during estate settlement.
Review Regularly: Revisit your will periodically, especially after major life events like marriage, divorce or acquiring new assets. Updating your will ensures it reflects your current wishes and circumstances.

These steps empower you to take control of your estate, minimize complications and provide clarity for your loved ones in Dubai.

Common Misconceptions

Many expats hold mistaken beliefs about UAE inheritance laws. One common myth is that assets automatically go to a spouse. Without a will, Shariah law may divide your estate among multiple heirs, leaving your spouse with only a portion. Another misconception is that a will from your home country is sufficient. While it may apply to overseas assets, UAE courts often require a locally registered will for assets in Dubai.

Some believe UAE courts don’t accept non-Muslim wills. This is outdated, as reforms like the DIFC Wills Registry and Federal Decree Law No. 41 of 2022 allow non-Muslims to create enforceable wills. Clearing up these myths is vital to avoid surprises and ensure your wishes are followed.

Frequently Asked Questions (FAQs)

What happens if an expat dies in the UAE without a will?

Without a will, Sharia law may apply, even to non-Muslims. Assets are frozen, and the court oversees distribution, which can delay access to funds. The estate may be divided among male relatives, with the spouse receiving a limited share. This often leads to complications for the family.

Can a surviving spouse access a joint bank account after death?

No. Without a registered will, even joint accounts are frozen upon death. The surviving spouse must wait for court approval and settlement of all debts. Distribution follows Sharia law, meaning the spouse may only receive a portion of the assets.

Who becomes the guardian of minor children if a parent dies?

Guardianship usually goes to the closest male relative if the father dies. The mother may keep custody if she doesn’t remarry. Without a will, local authorities may step in until the court appoints a guardian.

Does Sharia law apply to all of an expat’s UAE assets?

Not if a valid will exists. Non-Muslims can use their home country’s laws through a registered will. However, UAE law may still apply to real estate unless explicitly exempted. Proper legal documentation helps avoid Sharia default.

How can expats protect their assets and family?

Register a will with the DIFC Wills Service Centre. It ensures assets are distributed as per your wishes and guardianship of children is clear. It’s a legally recognised way to avoid Sharia-based inheritance.