What is Inheritance Law (UAE/DIFC Wills)?
The legal framework governing how property passes upon the owner's death, in the UAE, Sharia inheritance rules apply by default, but non-Muslim property.
Description
By default, UAE Federal Law No. 28 of 2005 applies Sharia inheritance principles to the estate of any person who dies owning property in the UAE, regardless of nationality or religion. Under Sharia rules, the estate is distributed according to fixed shares to specified heirs, which may differ notably from the deceased's wishes.
The DIFC Wills Service Centre (established in 2015) allows non-Muslim expatriates to register wills governing their Dubai assets under common-law principles. A registered DIFC will ensures that property is distributed according to the owner's wishes rather than Sharia default rules. Registration costs approximately AED 10,000 for a full will and the process can be completed in one visit.
Without a registered will, a deceased owner's Dubai property could be frozen for months or years during probate proceedings. Heirs may need to attend Dubai courts in person, and the distribution may not match the owner's intentions. For international investors, registering a DIFC will is considered essential estate planning for Dubai property assets.
How to interpret
Estate planning for Dubai property should not be left as an afterthought. Registering a DIFC will is a straightforward process that takes one day and costs approximately AED 10,000, yet protects the distribution of a potentially multi-million dirham asset. For investors who own property in multiple countries, consult an international estate planning lawyer to ensure your DIFC will complements your home-country estate plan without creating conflicts.
The absence of a DIFC will does not just create uncertainty about distribution. It can result in a property being frozen for extended periods while courts process the estate, during which service charges and mortgage payments continue to accrue. This creates financial losses that a simple, registered will avoids entirely.
Dubai market context
The DIFC Wills Service Centre has processed over 25,000 wills since its establishment in 2015, reflecting strong awareness among Dubai's expatriate community. The service expanded in 2021 to cover assets across all seven UAE emirates, not just Dubai. Registration is handled online or in person at the DIFC Courts, and wills can cover both real estate and financial assets. The relatively modest cost and straightforward process makes registration one of the most impactful protective steps an international property investor can take.
Frequently asked questions
The legal framework governing how property passes upon the owner's death, in the UAE, Sharia inheritance rules apply by default, but non-Muslim property owners can register a will through the DIFC Wills Service Centre to apply their home country's succession laws.
By default, UAE Federal Law No. 28 of 2005 applies Sharia inheritance principles to the estate of any person who dies owning property in the UAE, regardless of nationality or religion.
Estate planning for Dubai property should not be left as an afterthought. Registering a DIFC will is a straightforward process that takes one day and costs approximately AED 10,000, yet protects the distribution of a potentially multi-million dirham asset.
The DIFC Wills Service Centre has processed over 25,000 wills since its establishment in 2015, reflecting strong awareness among Dubai's expatriate community. The service expanded in 2021 to cover assets across all seven UAE emirates, not just Dubai.
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Heirs may need to attend Dubai courts in person, and the distribution may not match the owner's intentions. For international investors, registering a DIFC will is considered essential estate planning for Dubai property assets.
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