Inheritance and Wills for Non-Muslims
The most underestimated risk for a foreign owner in the UAE. The rules for non-Muslims have improved in recent years, but the main practical risk remains: without a registered will, the family is cut off from the assets for months.
What changed in the law
Since 1 February 2023, Federal Decree-Law No. 41 of 2022 on civil personal status applies to non-Muslims. Where there is no will, the estate of a non-Muslim resident is divided as follows: half to the spouse, half to the children in equal shares, with no distinction between sons and daughters. The law lets a foreigner choose the law of their own country; how that choice is made and how a court applies it in a given case is checked case by case. And the law expressly recognises a non-Muslim's right to leave all UAE assets by will to anyone they choose.
The line "without a will, Sharia applies to you", still widely repeated, is out of date. That does not mean things are fine without a will. One important caveat: the law speaks of non-Muslims residing in the UAE; how it applies to a non-resident owner is an open question, and one more reason to have a will.
What happens without a will in practice
- The deceased's UAE bank accounts are frozen until a court order
- The family goes through a court procedure: proof of heirs, legalised and translated documents from the home country, months of waiting
- Applying a foreign law must be proved in a UAE court — with translations and expert evidence
- How the new rules apply to foreigners' real estate and to non-residents is not yet fully settled in court practice
- Company shares fall into the same procedure, and the company loses its signatory in the meantime
The way out
Register a will in one of the registries for non-Muslims. The most common option is DIFC Courts Wills: any non-Muslim aged 18 or over with assets in the UAE or minor children residing in Dubai or Ras Al Khaimah; residency is not required; a Full Will covers movable and immovable property in the UAE — that is how the DIFC Courts themselves put it — but how their order is enforced against assets outside Dubai depends on the emirate and the type of asset and is checked before registration; registration and amendment take place online by video call, and witnesses may be anywhere in the world. The DIFC Courts have exclusive jurisdiction over registered wills and issue the probate order — which is what lifts the freeze.
Alternatives are the non-Muslim wills registry at the Abu Dhabi Judicial Department (ADJD) and the Dubai Courts; their conditions and fees are confirmed at the date of registration.
What to put in the document
- Distribution of assets as you intend
- An executor — the person who will run the procedure
- Guardianship of minor children — for families with children this matters more than the money
- Alignment with the will in your home country
Aligning with the will at home
The UAE will and the will in your home country must not contradict each other: two documents with different instructions for the same asset create a dispute instead of order. Many countries have forced-heirship rules or their own formalities, and EU citizens may choose the law of their nationality for succession under EU Regulation 650/2012. Both documents are therefore reviewed together, not drafted separately by different lawyers.
How long it takes
Drafting and agreeing the instructions — usually weeks; the DIFC registration itself is one video appointment. Compare that with months of court procedure for the family without a will.
Frequently asked questions
Do I need to be a UAE resident?
For DIFC — no. Any non-Muslim aged 18 or over with assets in the UAE can register a will. For a non-resident the will matters even more: whether Decree-Law 41/2022 applies to them without one is an open question.
Do I need a will if the property is held through a company?
Then what passes is the share in the company, which is a different procedure — but it also needs planning, or the company is left without a signatory for months.
If the law already gives half to my spouse, why bother?
The law sets the shares, but it does not remove the court procedure, the account freeze or the question of guardianship of children. The will is what closes those.
This is a general framework, not legal advice. UAE law changes, and procedures differ between emirates and free zones. We review each situation individually.