Understanding Dubai’s Inheritance Laws for Foreigners

Dubai inheritance law is an important consideration for expats. The UAE operates under a complex legal system influenced by civil law, local regulations, and Sharia law. As expected, inheritance laws for expats in the UAE can be confusing. Given the recent updates, we have prepared this blog to help expats better understand inheritance law in the UAE.

Key Points UAE Inheritance Law for Expats

Foreigners were subject to the UAE’s inheritance regulations until the last five years. In 2020, the UAE introduced several important legal reforms including changes to inheritance laws. With these changes, expatriates now have the right to apply the inheritance laws of their home country. It allows great flexibility for especially expatriates with a will.

Importance of the Having Will in UAE

Having a will in Dubai is essential for managing and distributing your assets. It provides legal clarity on how your assets should be distributed. If there is no will, the inheritance will be distributed according to specific rules.

Step By Step Create a Will in UAE Dubai as an Expat

Creating a will in Dubai involves a structured legal process, particularly for expats. There are several important steps;

1- Hire a Lawyer
Lawyers familiar with UAE inheritance laws guide you through drafting and registering your will. They may help avoid technical mistakes and be recognized the will by the courts.

2- Decide on the Type
According to your religion, there are two types of will you create, as Muslim and non-muslim.

3- Draft and Meet Legal Requirements
The will must clearly specify how assets are distributed including real estate, bank accounts, etc and it covers all assets inside and outside in UAE. After that, you should prepare legal requirements. It must be written, signed, and witnessed by two individuals.

4- Choose an Authority and Register
There are three main authorities where you can register your will in Dubai. Those are Dubai International Financial Centre (DIFC) Wills Service, Dubai Courts, and the Abu Dhabi Judicial Department (ADJD). Once drafted, the will must be registered with one of the above authorities. The registration process ensures that the will is legally binding in Dubai.

Requirements

• Resident visa that belongs to the testator
• 60 AED fee
• The testator and the witnesses’s ID’s
• Two certificates from witnesses confirm the authenticity of the will

FAQs

Q: Can I leave my assets to a non-family member in Dubai?
A: Yes, you can. Non-Muslim expats can leave their assets to a non-family member, such as a friend, partner, or charity, through a registered will. For Muslim expats inheritance must follow Sharia law. In this case, Muslim expats could prefer Sharia-compliant estate planning options like gifts (inter vivos donations) and trusts.

Q: What are the rights of a surviving spouse and children under Dubai's inheritance law?
A: Non-muslim expats can distribute their estate freely through a will. Muslim expats are bound by Sharia law which provides specific shares for surviving spouses and children.

Q: Can a will be contested in Dubai?
A: Yes, a will can be contested in Dubai. However, the process can be complicated and requires clear evidence.

Q: How can expats protect their assets from inheritance disputes?
A: You can protect your assets from inheritance disputes in Dubai by creating a legally recognized will. A well-drafted will allows you to specify how your assets should be distributed.

Q: Is there any specific rule about property inheritance in Dubai
A: Yes, property inheritance in Dubai follows a specific set of rules influenced by local and personal laws. The primary laws that govern property inheritance in Dubai are based on Islamic Sharia principles. Still, there are also provisions for non-Muslims to manage their assets according to their home country's laws.

Q: Do I need to pay any UAE inheritance tax?
A: No, there is no inheritance tax in the UAE. The UAE does not impose any inheritance or estate tax on the transfer of assets from a deceased individual to their heirs.

RELATED PAGES

Buy or Rent: Make the Most Out of Your Dubai Investment

A Complete Guide to Dubai Golden Visa Applications

Title Deed and Property Ownership in Dubai: A Complete Guide

Dubai: Tax-Free Heaven with Lucrative Investment Potential