Understanding Wills and Inheritance Laws in Dubai
For expatriates living or investing in Dubai, preparing a valid will is one of the most important legal steps to protect property and assets.
Unlike in many Western jurisdictions, inheritance in the UAE follows Sharia law unless a registered will states otherwise. That means that without a proper will, your assets may not automatically go to your chosen beneficiaries.
At Broker in Dubai, we work with verified legal partners to ensure that property owners, families, and investors fully understand how inheritance works, and how to safeguard their assets in compliance with Dubai law.
Why Expats Need a Will in Dubai
Most expats assume their home-country will applies to their UAE assets. However, this is not automatically the case.
Under UAE Federal Law No. 5 of 1985 (the Civil Transactions Law), inheritance for non-Muslims without a registered will is distributed according to Sharia principles, which can divide assets among family members in ways that differ from personal wishes.
Creating a legally recognized will ensures:
- Your Dubai property and assets are distributed according to your instructions.
- Your spouse and children receive the protection you intend.
- Court procedures for inheritance are faster and clearer.
- Your appointed executor can act immediately upon your passing.
For property investors, this is especially important when owning freehold real estate, whether an apartment in Dubai Marina or a villa in Palm Jumeirah.
Types of Wills Available for Expats in Dubai
There are currently two main ways for non-Muslims to register a valid will in Dubai:
- DIFC Will and Probate Registry
- Operates under English common law principles.
- Allows wills to cover movable and immovable assets in Dubai and other emirates.
- Recognized by UAE courts as legally binding.
- Provides flexibility to appoint executors, guardians, and distribute assets freely.
- Dubai Courts Will
- Registered under the Dubai Judicial Department.
- Conducted in Arabic, but available for non-Muslims.
- Applies to assets within Dubai only.
- More affordable but with slightly different procedural rules.
Both are legitimate and enforceable, but the DIFC route is often preferred by foreign investors for its English-language process and international recognition.
What Can Be Included in a Dubai Will
A properly registered will in Dubai can cover:
- Real estate and land ownership
- Bank accounts and investments
- Vehicles and personal assets
- Business shares and corporate interests
- Guardianship of minor children
The will can specify one or more executors, guardians, and beneficiaries, giving full control over asset distribution and decision-making.
Key Legal Requirements
When drafting a will in Dubai, it must meet several criteria to be legally valid:
- The testator (person writing the will) must be over 21 years old.
- The will must clearly identify all assets and beneficiaries.
- It must be signed in front of authorized witnesses.
- It must be registered through either the DIFC Wills Service Centre or Dubai Courts Notary Public.
If a will is not properly registered, the local courts may default to Sharia-based inheritance, regardless of the testator’s nationality or intent.
What Happens Without a Will in Dubai
If an expat passes away without a will:
- The local courts will apply Sharia law to the estate.
- Assets may be frozen until legal heirs are determined.
- The surviving spouse may receive only a limited share.
- Guardianship of children may not automatically go to the surviving parent.
This process can be lengthy and stressful for families, particularly when bank accounts or property titles are involved.
How Broker in Dubai Assists Property Owners
At Broker in Dubai, we help expatriates take the right legal steps to secure their property and financial legacy.
Our role includes:
- Connecting clients with registered legal experts for DIFC or Dubai Court wills.
- Providing clarity on inheritance implications for freehold and off-plan properties.
- Coordinating property documentation with the Dubai Land Department (DLD).
- Ensuring assets are correctly referenced in registered ownership records.
Our goal is to make sure your investments in Dubai remain protected, for you and your family.
