Your Dubai Property After Your Death
An owner in London, Frankfurt or Toronto usually has a will at home and assumes it will do. In the UAE it will not, at least not without a court process in Arabic, legalised documents and months of frozen accounts. This article explains what the law now says, what happens in practice without a UAE will, and how to fix it from abroad in a few weeks.
The law since 2023
Federal Decree-Law No. 41 of 2022 on civil personal status has applied since 1 February 2023. For non-Muslims — UAE citizens and foreign residents — it sets its own intestacy rule: half of the estate to the surviving spouse, half to the children in equal shares regardless of gender. It also allows a non-Muslim to elect the law of their home country and to leave the whole of their UAE estate to anyone by will.
The old line that "Sharia applies by default to foreigners" is therefore no longer accurate, and it should not drive your decisions. Two caveats matter more. First, the law speaks of residents; how courts apply it to the real estate of a non-resident owner who never lived in the UAE is not settled and is assessed case by case. Second, the intestacy split may simply not be what you want — a second marriage, children from a first, a partner you are not married to, a property you want to go to one child.
What happens without a UAE will
- Bank accounts freeze on notification of death until a court order, including joint accounts in some banks. The family has no access to UAE funds during the process.
- Heirs apply to a UAE court for a succession order. They prove kinship and entitlement with documents from home, each passed through consular legalisation (the UAE is not party to the Hague Apostille Convention) and sworn Arabic translation.
- The property is frozen: no sale, no new tenancy, no transfer. Service charges and any mortgage keep accruing.
- Company shares holding property go through the same process, governed by the company's constitution.
Months, not weeks, and the heirs or their attorneys must engage in the UAE.
The fix: a will registered in the UAE
The principal registry for non-Muslims is DIFC Courts Wills. Under the DIFC Courts' own rules:
- the testator is a non-Muslim who has never been a Muslim, aged 18 or over;
- with assets in the UAE and/or minor children in the UAE;
- UAE residency is not required;
- the Full Will covers all movable and immovable assets in every emirate; narrower formats exist for specific asset classes;
- registration and amendments are done online by video, with witnesses anywhere in the world;
- DIFC Courts have exclusive jurisdiction over the will and issue probate to the executor.
Abu Dhabi runs a separate registry of non-Muslim wills at ADJD. Conditions and cost are confirmed on the current date.
Fitting it with your will at home
A UAE will should either be limited to UAE assets, with the home will excluding them, or the two should say the same thing. Conflicting wills are litigated by the people you meant to protect. For EU citizens, Regulation (EU) 650/2012 allows a choice of the law of your nationality for your whole estate; that choice should be reflected consistently. Forced heirship rules at home (reserved shares for children or spouse) can reach foreign assets under some systems, which is one more reason to draft the two documents together rather than in isolation.
Steps, in order
- Inventory of UAE assets: properties, accounts, company shares, vehicles.
- Decisions: beneficiaries, executor, guardians for minor children living in the UAE.
- Reconciliation with the home will and, where relevant, a choice of law.
- Registration with DIFC Courts or ADJD, remotely.
- Review after every purchase, sale, marriage, divorce and birth.
Joint ownership does not solve it
A property registered in two spouses' names does not pass to the survivor automatically. The deceased's share is an estate asset and goes through the same process. The same applies to units held with a business partner.
Property held through a company
The estate asset is the share, not the flat. Who inherits it depends on the company's constitution and the law of its jurisdiction; without provisions there, the share is frozen just as a property would be. A company structure needs a succession clause and a will covering the shares, not instead of a will but in addition to it.
Mortgaged property
The loan survives the borrower. The bank continues to charge; the property remains secured; the heirs need the bank's consent to sell or transfer. If the bank required life cover at drawdown, the policy clears the balance — keep it with the title deed and make sure the family knows where.
When a will is not the answer
For Muslims, Sharia succession applies and the civil regime is not available. A UAE will does not cover assets outside the UAE. It can be contested on formalities or capacity. And it does not repair a title deed with a misspelt name, which the heirs would have to correct first.
Frequently asked questions
Is a will I made at home recognised in the UAE?
Only through a court process with legalisation and translation. It does not avoid the freeze; it is part of it.
Can I register a DIFC will without visiting Dubai?
Yes. Registration is by video, with witnesses in any country.
How much does it cost?
Registry fees are confirmed on the date you instruct us; by secondary sources ADJD is usually cheaper and DIFC offers broader coverage and settled practice.
This is a general framework, not legal advice. UAE law changes, and procedures differ between emirates and free zones. We review each situation individually.