For many expatriates who invest in the UAE’s booming real estate market, owning property in Dubai, Abu Dhabi, or other Emirates is both a lifestyle choice and a financial milestone. However, amid the excitement of owning a home or a luxury apartment, one crucial element is often overlooked: the importance of having a valid will registered in the UAE.
In the absence of a local will, the legal consequences for property ownership and asset distribution can be significant—and for many, entirely unexpected.
Why a UAE Will Matters
The UAE follows Sharia-based inheritance laws when it comes to the distribution of assets upon death, unless a will is in place that complies with local regulations. For non-Muslim expatriates, this means that without a UAE-registered will, their assets—whether property, bank accounts, or investments—may be distributed according to Sharia principles, rather than their personal wishes.
This can lead to scenarios where the surviving spouse does not automatically inherit the property, and children or even distant relatives could receive shares of the estate. This legal default can create complications, emotional distress, and financial instability for families during an already difficult time.
Property Ownership and Inheritance Delays
Without a will, real estate ownership can also become legally entangled. In many cases, properties are frozen upon the owner’s death until the courts decide how the estate should be divided. This process may take several months or longer, especially if heirs live abroad or if disputes arise between family members. During this time, surviving dependents may not be able to access or manage the property, which could affect rental income, maintenance responsibilities, or mortgage obligations.
For married couples who jointly invest in property, the absence of a clear succession plan can mean that half of the ownership may automatically be transferred to other heirs, depending on legal interpretation. This could leave the surviving spouse without full control over a home they have lived in and contributed to for years.
The Solution: Drafting and Registering a Will in the UAE
The good news is that the risk can be easily managed with proper estate planning. The UAE provides a legal framework that allows expatriates to register wills in dedicated legal entities such as the Dubai Courts or the Abu Dhabi Judicial Department. Non-Muslim residents in Dubai can also register wills through the DIFC Wills and Probate Registry, which offers clear guidelines in line with international standards.
These wills can be tailored to cover property, guardianship of minor children, bank accounts, and other key assets, ensuring that the estate is distributed according to personal preferences rather than default legal procedures.
Peace of Mind Through Preparation
While discussing wills and inheritance may not be comfortable for everyone, taking the step to secure your family’s future is a responsible and necessary move. Property ownership is one of life’s biggest achievements—but without the right legal protections, it can become a burden for those left behind.
By understanding the implications of the UAE’s legal system and preparing a registered will, property owners can enjoy peace of mind knowing that their assets—and their loved ones—are protected, no matter what the future holds.
