Dubai’s property market has long been an attractive investment destination for foreign nationals, thanks to its strong infrastructure, tax-free regime, and ever-growing portfolio of residential and commercial properties. But what happens to property owned by a foreigner in the unfortunate event of death? Can their family inherit the property smoothly?
The answer is yes—foreign nationals can inherit property in Dubai. However, the inheritance process is subject to specific local laws, and without proper legal planning, complications can arise, particularly when no will has been registered in the UAE. In such scenarios, lawyers in Dubai play a vital role in guiding families through property succession, drafting compliant wills, and helping foreign investors plan their estate in a legally secure manner.
This article explains the inheritance rights of foreign nationals in Dubai and how lawyers in Dubai can help you safeguard your assets, ensure smooth property transfer, and avoid legal disputes among heirs.
Inheritance Law in Dubai: A Dual Legal System
The UAE follows a dual legal system comprising civil law (including local laws and federal legislation) and Islamic Sharia law. Inheritance matters, especially involving real estate, can fall under either system depending on several factors, including:
- Whether or not the deceased was Muslim
- Whether a UAE-registered will exists
- Whether the estate is part of a freehold property
- Whether the deceased’s heirs are residents or non-residents
In the absence of a valid will, Sharia law is generally applied, which can override the deceased’s wishes. This may lead to unexpected outcomes, especially for non-Muslim expatriates.
This is where lawyers in Dubai become critical—they assess the specific case and apply the correct legal route, ensuring that inheritance procedures are handled in accordance with UAE law while respecting the foreigner’s wishes to the extent possible.
What Happens If There’s No Will?
If a foreign national passes away without a registered will in Dubai, the estate may be distributed based on Sharia principles, regardless of the deceased’s nationality or religion.
Under Sharia:
- Male heirs typically inherit twice the share of female heirs.
- Spouses do not inherit the full estate unless specified by a will.
- Children and even extended family members may have rights to the property.
- The property may be frozen until the court determines legal heirs.
This can be extremely challenging for surviving spouses or minor children, particularly if they are not legally recognised as heirs under Sharia law.
Lawyers in Dubai help families navigate this situation by:
- Initiating legal proceedings to identify heirs
- Managing court submissions and estate inventory
- Assisting with the unfreezing of bank accounts or real estate titles
- Filing appeals if inheritance decisions are contested
The Importance of Registering a Will in Dubai
To avoid ambiguity, foreign nationals are advised to register a will in Dubai under one of the available legal frameworks:
1. Dubai Courts Will (Non-Muslims)
This is a will registered at Dubai Courts for non-Muslim expatriates. It allows individuals to dictate how their UAE-based assets (including property) will be distributed.
2. DIFC Wills and Probate Registry (WPR)
The DIFC WPR is a common choice for international investors. It provides a common-law structure that mirrors many Western inheritance practices. Wills registered here:
- Are in English
- Allow full control over the distribution of UAE-based assets
- Can include guardianship wishes for minor children
- Are enforceable in UAE courts
Lawyers in Dubai are essential for drafting wills that are:
- Legally valid under UAE and DIFC rules
- Unambiguous and tailored to your personal circumstances
- Properly witnessed and registered to ensure enforceability
Can Real Estate Be Inherited by Foreigners?
Yes, freehold property in Dubai can be inherited by foreigners, provided it is within designated zones and in compliance with inheritance laws.
However, the process involves:
- Obtaining a death certificate and legal translations
- Opening inheritance files with Dubai Courts
- Securing succession certificates
- Transferring ownership title via Dubai Land Department
Lawyers in Dubai handle the entire lifecycle of this legal process, helping surviving family members with:
- Drafting legal notices
- Applying for No Objection Certificates (NOCs)
- Title deed transfer and registration
- Representation in probate or succession courts
Without proper legal assistance, this process can be delayed or even denied if documentation is incomplete.
Role of Lawyers in Dubai in Property Inheritance
Whether you’re planning your estate or managing a loved one’s estate, the role of lawyers in Dubai is crucial. Their responsibilities include:
1. Estate Planning and Asset Protection
- Drafting wills compliant with Dubai’s legal system
- Advising on optimal ownership structures (e.g., joint ownership, holding companies)
- Recommending tax-efficient inheritance strategies
- Reviewing title deeds and inheritance risks
2. Legal Representation for Heirs
- Representing heirs in Dubai Courts or DIFC Courts
- Filing probate or succession claims
- Liaising with DLD, banks, and notary offices
- Handling disputes among heirs or contested wills
3. International Coordination
- Ensuring compliance between Dubai laws and home country laws
- Managing asset transfers for foreign-domiciled heirs
- Advising on dual wills for assets in multiple jurisdictions
Inheritance Disputes and Litigation in Dubai
Disagreements among heirs or disputes over estate management are not uncommon. These may include:
- Claims from unrecognised heirs or estranged relatives
- Challenges to the validity of a will
- Disagreements over asset valuation or division
- Allegations of mismanagement by executors or trustees
When disputes arise, lawyers in Dubai provide:
- Mediation between parties to avoid litigation
- Filing of claims or counterclaims
- Representation during court proceedings
- Execution of settlement agreements
Their objective is always to resolve matters efficiently while protecting client interests.
Can a Foreign Will Be Recognised in Dubai?
In some cases, a will made abroad may be recognised by Dubai authorities. However, the process is complicated and requires:
- Attestation by the Ministry of Foreign Affairs
- Legal translation into Arabic
- Filing with Dubai Courts
- Judicial review for enforceability under local laws
Even with these steps, there is no guarantee the foreign will shall be fully honoured.
Lawyers in Dubai evaluate the validity of international wills and advise whether:
- A local or DIFC will should be created instead
- The foreign will needs amendment
- Dual wills are necessary to protect all assets
Joint Ownership and Right of Survivorship
Unlike in some Western jurisdictions, Dubai does not automatically recognise “right of survivorship.” This means that if a property is jointly owned by a couple and one spouse dies, the surviving spouse does not automatically inherit the other’s share—unless clearly stated in a will.
This makes legal planning critical.
Lawyers in Dubai can:
- Draft joint ownership agreements with survivorship clauses
- Ensure your will aligns with the ownership structure
- Register these terms with the Land Department
This ensures your spouse or chosen beneficiary inherits the property without facing court disputes or delays.
How to Start Estate Planning in Dubai
If you are a foreign national with property or other assets in Dubai, take proactive steps to protect your family:
- Engage a reputable legal firm—Choose experienced lawyers in Dubai with a strong background in property and inheritance law.
- Conduct a legal review—Assess all your assets, property titles, and existing wills (if any).
- Draft a comprehensive will—Clearly outline asset distribution and guardianship wishes.
- Register your will—Use Dubai Courts or DIFC Wills Centre for legal enforceability.
- Communicate with family—Ensure your heirs are aware of the estate plan and legal instructions.
Final Thoughts
Inheritance is not just a matter of personal wishes—it’s a legal process governed by the rules of the country where your assets are located. In Dubai, this means a unique mix of civil law and Sharia law, especially for foreign nationals. Without legal planning, property can become subject to freezing, prolonged court disputes, and unintended distribution.
That’s why working with experienced lawyers in Dubai is more than a convenience—it’s a necessity. From estate planning and will registration to probate court proceedings and title transfer, they offer invaluable support at every step.
Secure your legacy, protect your family, and plan smartly—by letting professionals ensure your Dubai assets are inherited exactly as you intend.
