Dubai’s real estate market continues to attract investors and homeowners from around the world. But while buying property in the city is relatively straightforward, what happens to that property after the owner’s passing is a bit more complex, especially for expats. If you own or plan to buy property in Dubai, understanding inheritance laws in Dubai is essential.
Why Inheritance Laws Matter for Property Owners in Dubai
Dubai is part of the United Arab Emirates, where Islamic Sharia law traditionally governs matters of inheritance. However, with Dubai’s diverse population and global real estate appeal, the government has introduced legal frameworks to provide more clarity and control, particularly for non-Muslim expats.
If you own property in Dubai and haven’t made a plan for what happens to it after your death, your heirs could face unexpected complications, delays or even disputes.
How Inheritance Works in Dubai
For Muslim Property Owners
For Muslim residents, Sharia law typically applies by default. This means:
- Property is divided among heirs based on fixed shares.
- Sons usually receive twice the share of daughters.
- Spouses, parents and sometimes even siblings are considered legal heirs.
There’s little flexibility here and even a will can only go so far in adjusting the distribution.
For Non-Muslim Property Owners
Here’s where things have improved significantly. Non-Muslim expats now have the option to distribute their estate according to the laws of their home country, provided they’ve put the right legal framework in place.
If there’s no registered will, the estate might still be subject to Sharia-based distribution, which can lead to complications, especially if the intended heirs don’t align with those specified under Islamic law.
Your Legal Options as a Non-Muslim Property Owner
- DIFC Will Registration
The DIFC Wills and Probate Registry offers a convenient option for non-Muslims. Registered wills under DIFC are:
- Governed by common law
- Processed in English
- Applicable to real estate, personal assets and guardianship arrangements
- Recognized and enforceable across Dubai and Ras Al Khaimah
This is often the most straightforward choice for many expats.
- Will Registration via Dubai Courts
Alternatively, you can register a will through the Dubai Courts. This option is legally valid across the UAE but is conducted in Arabic and can be a little more complex, especially if you’re not fluent in the language. Still, it’s a solid route for those preferring to go through Dubai’s traditional legal system.
- Joint Property Ownership with Survivorship Rights
Some couples opt for joint ownership, where the surviving party automatically inherits the property. This must be clearly outlined in the title deed and officially recognised by the Dubai Land Department.
What Happens If You Don’t Have a Will?
If a property owner passes away without a registered will in Dubai:
- The estate may be put on hold until all legal steps are finished.
- Even for non-Muslims, Dubai Courts may automatically use Sharia law.
- Property could be given out in ways that don’t match the owner’s intention.
It’s a scenario no one wants, especially when it’s entirely preventable.
How to Protect Your Assets
Here are a few simple steps you can take to ensure your property is handled according to your wishes:
- Consult a Legal Expert: Choose someone who understands inheritance laws in Dubai and how they apply to expats.
- Register Your Will: Either through DIFC Courts or the Dubai Courts, whichever suits your situation better.
- Keep Documentation Updated: Make sure your title deed, ownership details and other property documents are all current.
- Talk to Your Family: Make sure your loved ones know where important documents are and what to expect in the event of your passing.
While it may not be the most thrilling aspect of buying a home, inheritance planning is among the most crucial. Given Dubai’s constantly changing legal environment, it’s comforting to know that foreigners have choices. Understanding Dubai’s inheritance laws now could have a significant impact on your family’s future.
Need help with estate planning, will registration, or understanding how the laws apply to your property? Luxfolio Real Estate is here to guide you through every step of the process with care and expertise.