Inheritance and succession in the UAE sit at the intersection of two distinct legal tracks: a Sharia-based default regime that applies automatically to Muslim estates, and a civil, opt-in framework that gives non-Muslims — and, since 2025, Muslim expatriates in certain circumstances — greater freedom to determine how their UAE assets are distributed.
For Muslim residents and UAE nationals, inheritance is governed by Sharia principles now codified in Federal Decree-Law No. 41 of 2024, which took effect on 15 April 2025 and replaced the previous Federal Law No. 28 of 2005. These rules apply automatically to all Muslim estates in the UAE, regardless of the deceased’s nationality.
For non-Muslims, Federal Decree-Law No. 41 of 2022 on Civil Personal Status introduced full testamentary freedom, allowing a non-Muslim UAE resident (or a non-Muslim with UAE-based assets) to disapply Sharia principles and distribute their estate according to their own wishes — provided a valid will has been properly registered.
Key Provisions Relating to Individuals
1. Sharia Inheritance for Muslims (Federal Decree-Law No. 41 of 2024)
Sharia inheritance rules apply automatically to Muslim estates in the UAE and distribute fixed shares among specific classes of heirs, with limited room for personal discretion. Key principles include:
- A non-Muslim cannot inherit from a Muslim, and vice versa.
- A person who deliberately causes the death of the deceased is excluded from inheriting.
- The “one-third will limit”: a Muslim testator may only bequeath up to one-third of their estate through a will; the remaining two-thirds must follow the fixed Sharia distribution among statutory heirs.
- There is no concept of automatic “right of survivorship” under UAE law for jointly owned property — a jointly owned asset does not automatically pass to the surviving co-owner outside the inheritance process.
2. Choice of Law for Muslim Expatriates (Since 15 April 2025)
Under the new Federal Decree-Law No. 41 of 2024, Muslim inheritance continues to be governed by Sharia principles by default, but the law now maintains and clarifies provisions allowing Muslim expatriates to choose their home country’s law for personal status matters — including inheritance — when this is properly documented through a formally registered civil will. In the absence of such a registered will, Sharia inheritance remains the default regime for Muslims.
3. Civil Personal Status Framework for Non-Muslims (Federal Decree-Law No. 41 of 2022)
This law provides a specialised civil pathway specifically for non-Muslim UAE citizens and non-Muslim foreign residents, prioritising party autonomy:
- Article 1(1): Both parties to a personal status relationship may insist on the application of their own home country’s laws regarding marriage, divorce, inheritance, wills, and the establishment of parentage.
- Article 1(2): Parties may instead mutually agree to apply other personal status laws currently in force in the UAE.
- Article 11: Governs inheritance flexibility. The default distribution under this civil framework splits an estate equally between the surviving spouse and children, with no gender distinction.
- Article 11(3): Allows heirs to request the application of a different law — typically the deceased’s home country law — provided there is no registered will stating otherwise.
- Article 13(2): Allows spouses to register their wills simultaneously with their marriage contract.
- Article 17: Establishes a dedicated Personal Status Court offering all procedures in both English and Arabic, reducing the language barrier for expatriates.
4. Guardianship of Minor Children
Under traditional Sharia principles, when a Muslim father passes away, guardianship of minor children generally passes to paternal male relatives, even where the mother is still living. This is one of the key reasons non-Muslim (and increasingly, eligible Muslim) expatriates register a will specifically addressing guardianship arrangements, rather than relying on the default legal position.
5. Registering a Will
Non-Muslim residents (and eligible foreign nationals more broadly) generally have two principal registration routes for a UAE-based will:
- The DIFC Courts Wills Service, operating under a common-law-based framework primarily for eligible non-Muslim testators.
- The Abu Dhabi Judicial Department (ADJD) Civil Wills Office, which accepts applications from eligible foreign nationals regardless of religion, under Abu Dhabi Law No. 14 of 2021.
For a detailed comparison of these two registration routes, including eligibility, cost, and procedure, see our dedicated DIFC vs ADJD Will guide.
6. Home Country Wills and UAE Assets
A will validly executed in a testator’s home country is not automatically sufficient to govern UAE-based assets. Recognition, interpretation, and enforcement depend on the UAE court’s assessment of the foreign will, translation and legalisation requirements, and how the asset (particularly real estate) is registered locally. For this reason, many expatriates with UAE assets choose to register a UAE-specific will (via DIFC or ADJD) in addition to — or instead of — relying solely on a foreign will.
Key Provisions Relating to Businesses and Asset Owners
- Business and Share Ownership: Shares in UAE mainland and free-zone companies form part of a deceased owner’s estate and are subject to the same Sharia or civil framework as other assets, depending on the deceased’s religion and choice of law. Business owners are strongly advised to register a will addressing company shares specifically (such as a DIFC Business Owners Will) to avoid delays or disputes in transferring ownership.
- Bank Account Freezing: UAE bank accounts are typically frozen upon notification of the account holder’s death, pending the completion of the inheritance or probate process. This can create significant practical difficulties for surviving family members and business operations if not planned for in advance.
- Real Estate Considerations: UAE real estate registered in a deceased owner’s sole name is subject to the applicable inheritance framework and the relevant Land Department’s procedures for transferring title, which typically requires a court order, probate grant, or equivalent inheritance certificate.
- No Automatic Survivorship: Because UAE law does not recognise automatic “right of survivorship” for jointly held property, co-owners (including spouses and business partners) should not assume that jointly registered assets will pass automatically to the survivor without going through the applicable inheritance process.
Frequently Asked Questions
What happens to my UAE assets if I die without a will? For Muslims, Sharia inheritance rules apply automatically, distributing the estate among statutory heirs according to fixed shares. For non-Muslims without a registered will, UAE statutory intestacy rules may apply — under the Civil Personal Status framework, the default position generally splits the estate equally between the surviving spouse and children, though this differs from most Western legal systems and can produce unexpected outcomes without proper planning.
Can a Muslim expatriate opt out of Sharia inheritance? As of the Federal Decree-Law No. 41 of 2024 (effective 15 April 2025), Muslim expatriates may in certain circumstances choose to have their home country’s law apply to inheritance matters, but only where this has been properly documented through a formally registered civil will. Without such a registered will, Sharia inheritance remains the default.
How much of my estate can I leave through a will if I’m Muslim? Under Sharia principles, a Muslim testator may generally bequeath up to one-third of their estate through a will; the remaining two-thirds is distributed according to the fixed Sharia shares among statutory heirs.
Is a will from my home country valid for my UAE assets? Not automatically. Recognition and enforcement depend on the UAE courts’ assessment of the foreign will and the requirements of the relevant registration authority (such as a Land Department for real estate). Many expatriates register a UAE-specific will through the DIFC or ADJD in addition to any home country will.
Will jointly owned property automatically pass to my spouse or co-owner? No. UAE law does not recognise an automatic “right of survivorship.” Jointly owned assets are generally subject to the same inheritance process as sole-name assets, unless a valid will or other legal mechanism provides otherwise.
What happens to guardianship of my children if I die without a will? For Muslim fathers, guardianship under traditional Sharia principles generally passes to paternal male relatives, even where the mother is living. A registered will addressing guardianship (such as a DIFC Guardianship Will) allows parents to specify their own wishes rather than relying on this default position.
When Do You Need a Specialist Wills & Inheritance Lawyer?
- When you want to register a will — whether through the DIFC Courts Wills Service or the Abu Dhabi Judicial Department — to protect UAE-based assets, business interests, or guardianship arrangements.
- When you are a Muslim expatriate seeking to apply your home country’s inheritance law, which requires proper documentation through a registered civil will.
- When a family member has passed away without a will, or with a will whose validity or scope is unclear, and you need to navigate the probate or inheritance process.
- When you hold real estate, bank accounts, or company shares in the UAE and want to ensure they are not frozen or delayed by an unplanned inheritance process.
- When coordinating a UAE will with an existing will registered in another country, to avoid unintended revocation or conflicting provisions.
- When you need to review or update an existing registered will following marriage, divorce, the birth of a child, or a significant change in assets.
Related Services from Our Firm
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References
- Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law: uae.shushin.io/personalstatus/Federal-Law-41-2024
- “Overview of Choice of Law in UAE Personal Status Cases,” Mondaq: mondaq.com/wills-intestacy-estate-planning/1769806
- “Wills for non-Muslim and Muslim expats in the UAE,” Gateley Legal: gateleyplc.com/gateley-middle-east/wills-for-non-muslim-and-muslim-expats-in-the-uae
- “UAE Property and Inheritance: Is a Home Country Will Enough?” Lexology: lexology.com/library/detail.aspx?g=45ae8f6f-b4b0-49de-93eb-f5f73997bee1
- “Empowering Muslim Expatriates in the UAE Through Civil Wills and Estate Planning,” UAE Ahead: uaeahead.com/empowering-muslim-expatriates-in-the-uae-through-civil-wills-and-estate-planning
- “Sharia Law & Property Inheritance in the UAE: 2026 Guide,” UAE Expert Hub: uaeexperthub.com/sharia-law-property-inheritance-uae
Content last updated: July 2026. This content is provided for general informational purposes only and does not replace specialist legal advice.
