Dubai Property and Inheritance: Wills, Heirs and the 2026 Rules

Families who own property in several countries tend to assume that a will drawn up at home covers everything. In Dubai it may not. The rules on who inherits a non-Muslim owner's property have changed twice in three years, and much of what is written about them online describes a system that no longer exists.

What happens to Dubai property if a non-Muslim owner dies without a will?

For a non-Muslim foreigner living in the UAE, the estate is divided under the federal civil personal status law, in force since 1 February 2023. Without a will, half passes to the surviving spouse and the other half is shared equally among the children, with no distinction between sons and daughters. Source: Federal Decree-Law No. 41 of 2022, Articles 11 and 18.

Where there are no children, the estate passes to the parents, or half to a surviving parent and half to the brothers and sisters. The same article contains a provision that matters more than the shares themselves: any heir may ask instead for the law of the deceased's home country to be applied, unless there is a registered will saying otherwise. An estate without a registered will can therefore be pulled in two directions by the people inheriting it. Source: Federal Decree-Law No. 41 of 2022, Article 11.

Is it true that Sharia law decides who inherits expat property?

Not as a general rule any longer. That statement still appears widely, but it describes the position before the 2023 civil personal status law. For non-Muslim residents, the default shares are now set out in that law, and the law of the home country can be applied in its place.

The position is less settled for owners who live outside the UAE, because the 2023 law applies to non-Muslim foreigners residing in the country. For everyone else the question turns on the new Civil Transactions Law, which is where the 2026 change sits.

What changed in June 2026?

A new Civil Transactions Law came into force on 1 June 2026, replacing the code that had governed since 1985. Its conflict of laws rules state that succession is governed by the law of the country of which the deceased was a national at the time of death. Source: Federal Decree-Law No. 25 of 2025 promulgating the Civil Transactions Law, Article 17; effective date per UAE Legislation portal.

Two further rules in the same law qualify that. Ownership of property is governed by the law of the place where it sits. And UAE law applies to a will made by a foreigner concerning property located in the UAE. Read together, a family's home-country law may decide who the heirs are, while the UAE decides how a will touching Dubai property is treated. Source: Federal Decree-Law No. 25 of 2025, Articles 17 and 18.

Does a will made in another country cover Dubai property?

It can, but it is the slower and less certain route. Because UAE law governs a foreigner's will over UAE property, a will drawn up in London, Sydney or elsewhere is not a document the Dubai system acts on automatically. It has to be proved and accepted here before title can move, and the heirs carry the delay. Source: Federal Decree-Law No. 25 of 2025, Article 17.

Dual nationals face an added layer. Where a person holds more than one nationality, the new law applies the nationality under which they entered the UAE. A family that has assumed one country's succession rules may find a different country's apply. Source: Federal Decree-Law No. 25 of 2025, Article 25.

What does a DIFC Courts will do?

The DIFC Courts Wills Service allows non-Muslims investing and living in the UAE to register a will under which their UAE assets pass as they direct, and to appoint guardians for their children. It was established by Dubai Resolution No. 4 of 2014 and reaffirmed by Dubai Law No. 15 of 2017, and probate under these wills is handled by the DIFC Courts. Source: DIFC Courts, Wills Service.

For owners whose concern is property, a Property Will covers up to five real estate properties, or shares in them, located anywhere in the UAE. Registration is AED 7,500 for a single will, or AED 10,000 for mirror wills registered by a married couple at the same time. A Full Will covers mixed assets and can include guardianship provisions for minor children living in Dubai or Ras Al Khaimah. Source: DIFC Courts, Property Will and Full Will service pages.

What about owning through a company, trust or foundation?

A holding structure changes what is inherited. The heirs receive shares or an interest in the structure rather than the property itself, and the rules that govern that interest depend on where the structure is set up. It can simplify succession, or it can add a second set of rules to the first.

The right answer depends on the family's nationalities, where they live, what else they own and how the property was bought. It is a question for a UAE-qualified lawyer working alongside the family's home-country adviser, and it is best asked before a purchase completes rather than after.

What should an international family check?

Whether every Dubai property is covered by a will registered in the UAE, and whether that will sits comfortably with the will at home. Whether anyone in the family holds a second nationality, and on which passport they entered the UAE. Whether the ownership structure was chosen for succession or simply for convenience at the point of purchase.

Ownership also interacts with residency. A family relying on a property Golden Visa should know how a transfer on death affects the visas attached to it, and an heir who inherits will find that the certified value, rather than the original price, is the figure that governs; see the UAE Golden Visa through property and the DLD valuation certificate. More on how XLCR approaches ownership is set out under what XLCR does.