What Happens to Your Dubai Property When You Die? Wills and Inheritance for Expats

Short answer: if a non-Muslim expat dies owning UAE property, it passes under their registered will if they have one, or otherwise under the applicable law. Since 1 February 2023, Federal Decree-Law No. 41 of 2022 lets non-Muslims leave their entire UAE property to anyone by will, and without a will it gives half to the surviving spouse and half to the children equally. Registering a will with the DIFC Courts, Dubai Courts or the Abu Dhabi Judicial Department is the clearest way to make sure your wishes are followed.

This guide explains the rules in plain English. It is general information, not legal advice: inheritance depends on your religion, nationality, family and how the property is held, so speak to a qualified lawyer before acting.

Which inheritance law applies to expats in the UAE?

For non-Muslims, the main federal law is Federal Decree-Law No. (41) of 2022 on Civil Personal Status, which came into force on 1 February 2023 (UAE Legislation). Article 1 says it applies to non-Muslim UAE citizens and to non-Muslim foreigners residing in the UAE, covering marriage, divorce, inheritance, wills and proof of parentage, unless a person chooses to apply the law of their home country. Article 1 also lets people covered by the law agree to apply other personal status legislation in force in the UAE instead.

Article 4 adds a general principle: inheritance is to be distributed equally between men and women under the Decree-Law.

The rules described here are for non-Muslims. Different rules apply to Muslims, and anyone in that position should take specialist advice.

What happens to my property if I die without a will?

Article 11 of the Decree-Law sets out a default distribution when there is no will (UAE Legislation):

• Spouse and children: Half to the husband or wife; half shared equally between the children, with no difference between sons and daughters
• No children, both parents alive: The estate goes to the parents equally
• No children, one parent alive: Half to the surviving parent, half to the deceased's brothers and sisters
• No parents: The whole estate goes to the brothers and sisters equally

Article 11 also allows any of a foreigner's heirs to ask for the law applicable under the UAE Civil Code to be applied instead of these default rules, unless there is a registered will to the contrary. This is one of the strongest reasons to register a will: it reduces the chance that heirs argue about which law applies.

Without a will, your family may also face a court process before they can deal with the property, bank accounts or a mortgage. The DIFC Courts note that, without a registered will, transferring assets to loved ones after death can be "time consuming and fraught with legal complexity" (DIFC Courts Wills FAQ).

Can I leave my Dubai property to anyone I choose?

Under Article 11(1) of the Decree-Law, a testator may leave by will "the entire property he owns in the State in favor of anybody he wants", subject to the Executive Regulations (UAE Legislation). Article 13 requires wills of people covered by the law to be recorded in a register kept for this purpose, and lets married couples complete a will registration form when they sign a civil marriage contract.

In practice, expats with Dubai property usually choose between three registration routes.

Where can I register a will for Dubai property?

• DIFC Courts Wills Service — Who it suits: Non-Muslims with UAE assets, resident or not; Key points from the official source: English-language wills; Full, Property, Business Owners, Financial Assets and Guardianship Wills; can be registered virtually (DIFC Courts)
• Dubai Courts (notary) — Who it suits: Non-Muslims who want a will attested by Dubai Courts; Key points from the official source: Ratification fee AED 2,000; testator must be non-Muslim, own the bequest and be 21 or over (Dubai Courts)
• Abu Dhabi Judicial Department (Civil Family Court) — Who it suits: Non-Muslim, non-UAE nationals, residents or non-residents; Key points from the official source: Registration fee AED 950 for a regular will and AED 2,500 for a special will (ADJD)

DIFC Courts Wills Service

The Wills Service is a joint initiative of the Government of Dubai and the DIFC Courts, and is governed by Dubai Law No. 15 of 2017 on non-Muslim estates and wills (DIFC Courts Wills FAQ). To register, you must:

• not be, and never have been, a Muslim;
• be at least 18;
• own assets in the UAE and/or have minor children living with you in the UAE.

You do not need to be a UAE resident or hold a UAE visa. The Wills Service offers five types of will. The Property Will is an online template covering up to five real estate properties in the UAE. The Full Will covers movable and immovable property and guardianship of minor children living in Dubai or Ras Al Khaimah. Off-plan property can be included in a Property Will if the Oqood certificate is available; for a Full Will, proof of ownership is not needed at registration. Spouses can sign separate "mirror wills" in a joint appointment.

Under the DIFC rules described in the FAQ, a will is revoked by later marriage unless it clearly states the intention to marry that person, and gifts to a former spouse are treated as if that spouse had died once a divorce is finalised. The fee to apply for a Grant of Probate is listed as USD 1,500; registration fees depend on the will type and are set out in the DIFC Courts fee schedule.

Dubai Courts

Dubai Courts offers a notary service for the ratification of non-Muslim wills. The listed fee is AED 2,000, plus AED 100 per signature for electronic data entry. Documents in a foreign language need a certified translation, and passport holders without an Emirates ID must attend in person.

Abu Dhabi Judicial Department

Abu Dhabi has its own civil family law for non-Muslim foreigners, Abu Dhabi Law No. 14 of 2021, and a Civil Family Court that registers wills for both residents and non-residents who are not UAE nationals (ADJD). ADJD describes the same default split without a registered will: half to the surviving spouse and half to the children equally. If you also own in Abu Dhabi, ask a lawyer whether one will or separate wills best covers your assets.

What happens to a jointly owned property?

If you co-own a property, only your share forms part of your estate. Do not assume the other owner automatically receives it: how your share passes depends on your registered will and the law that applies. The DIFC Courts suggest that family members who share a property each consider whether they should register their own will (DIFC Courts Wills FAQ). Couples who buy together can sign mirror wills in a single DIFC appointment so each share is dealt with clearly.

What about a mortgage and life insurance?

A mortgage does not disappear on death. The loan is secured on the property, and the lender's position must be settled before heirs can sell or transfer it freely. Check whether your mortgage is linked to a life insurance policy: your loan agreement and policy will say whether cover is required and who receives the payout. Keep the policy details with your will so your executor can find them. See our Dubai mortgage guide for expats and non-residents.

What if I own the property through a company?

If the property is owned by a company rather than by you personally, your heirs inherit the shares, not the property directly, and the company's own documents and the laws of its jurisdiction will matter. The DIFC Courts offer a Business Owners Will covering up to five shareholdings in the UAE (DIFC Courts Wills FAQ). Company ownership can also change tax treatment, so take legal and tax advice before buying this way.

A simple checklist for expat owners

1. Decide which law you want to apply, and record that choice in a registered will.
2. Choose a registry: DIFC Courts, Dubai Courts or ADJD.
3. Name executors and, if you have young children, guardians.
4. Include off-plan units (with the Oqood certificate) as well as ready homes.
5. Review the will after marriage, divorce, a new child or a new property purchase.
6. Keep title deeds, Oqood certificates, mortgage and insurance details where your executor can find them.

New to buying in the UAE? Start with our guide to buying property in Dubai as a foreigner and check which freehold areas are open to you, or browse properties.

Frequently asked questions

Does Sharia law apply to non-Muslim expats' property in the UAE? For non-Muslims, Federal Decree-Law No. 41 of 2022 provides a civil framework and lets you leave all your UAE property by will. Heirs can ask for Civil Code rules to apply unless a registered will says otherwise, so registering a will matters.

Is my will from my home country valid for Dubai property? It may not be straightforward to enforce. The DIFC Courts say a will drafted under another regime will almost certainly need to be redrafted to register with them. Take local legal advice.

Who gets my property if I die without a will? Under Article 11, half goes to your spouse and half is shared equally between your children. Different shares apply if you have no spouse or children.

Do I need to live in the UAE to register a will? No. The DIFC Courts Wills Service accepts non-residents, and ADJD registers wills for residents and non-residents.

How much does it cost to register a will? Dubai Courts lists AED 2,000 for ratifying a non-Muslim will. ADJD lists AED 950 for a regular will and AED 2,500 for a special will. DIFC fees depend on the will type; check its fee schedule.

Can a DIFC will include off-plan property? Yes. A Property Will can include off-plan property if the Oqood certificate is available.

Sources

• UAE Legislation: Federal Decree-Law No. (41) of 2022 on Civil Personal Status
• DIFC Courts: Wills FAQ
• DIFC Courts: Fee schedule
• Dubai Courts: Ratification of marriage contracts concluded by churches and wills of non-Muslims
• Abu Dhabi Judicial Department: Abu Dhabi Civil Family Court

This guide is general information, not legal, financial or investment advice. Inheritance rules depend on your personal circumstances and can change; take advice from a qualified UAE lawyer and confirm the current position with the relevant court or authority.