Inheritance in the United Arab Emirates: do you need to make a will

Introduction: a widespread misconception

Ask any expat in Dubai what happens if they die without a will: the answer will almost always be "Sharia law applies". This claim has been inaccurate since February 1, 2023 — and yet it continues to circulate, including on unupdated legal sites.

In this article, Meyran Partners sets the record straight about current Emirati law, and explains why a will is still essential.

1. Before 2023: Sharia law actually applied

To understand the current situation, we need to go back to the old legal framework.

Prior to February 1, 2023, the succession of any person who died in the UAE — whether Muslim or non-Muslim — was governed by the Federal Personal Status Law No. 28 of 2005, which was based on the principles of Islamic Shariah.

In concrete terms, in the absence of a will, a non-Muslim expatriate who died in the UAE saw his property distributed according to Koranic rules: unequal shares between sons and daughters, limited share of the spouse, possible exclusion of certain relatives. This situation could lead to results that were radically contrary to the wishes of the deceased and the expectations of his family. It is this historical reality that has fuelled the discourse on "automatic Sharia law". This discourse is now outdated.

2. Since February 2023: a federal civil law specific to non-Muslims

Federal Decree-Law No. 41 of 2022, which came into force on February 1, 2023 (source: uaelegislation.gov.ae), creates a separate civil regime for all non-Muslims residing in the UAE. Since that date, Sharia law no longer applies by default to their inheritance. Federal civil law provides for a clear and equal division between spouse and children:

• 50% goes to the children (in equal shares)
• 50% goes to the surviving spouse

However, the absence of a will greatly complicates the implementation of this distribution. In practice, heirs must demonstrate the applicable law as well as their status, which often involves the production of official documents, sometimes validated by embassies.

These procedures can be long, technical and a source of administrative blockage. This is particularly the case for assets such as real estate: its transfer to the Dubai Land Department (DLD) can be significantly delayed in the absence of clear inheritance documents.

This is why it is strongly recommended to draw up a will in the United Arab Emirates specifying the applicable law, especially for French nationals subject to specific rules such as the reserved portion.

3. Can I choose to apply the law of my country of origin?

Yes, and this is an important subtlety that many people are unaware of.

UAE federal law provides for two options for deviation:

Option A — Declaration of the deceased during their lifetime: A non-Muslim expatriate may, during their lifetime, expressly declare that they wish the law of their home country to govern their succession in the UAE. This declaration must be formalised.

Option B — Application of an heir after death: Article 11(3) of Decree-Law 41/2022 provides that a foreign heir may request the application of the law normally applicable to the succession — unless there is a registered will that opposes it.

This is precisely why a registered will is the only real protection: it neutralizes any ambiguity about the applicable law and prevents conflicts between heirs.

4. So why is a will still essential?

The 2023 reform is a major step forward, but it does not cover everything. Here's what the default law can't do for you:

The guardianship of your minor children is not provided for by the law of succession. Without a guardianship will, the court appoints the guardian, without you having had any say.

Your digital assets (Bitcoin, Ethereum, NFTs...) are not covered by the default rule. Without a specific will, they may be inaccessible permanently.

Your shares in a company in the UAE are not automatically transferred. Without a company will, the continuity of your business can be blocked for months.

The freezing of bank accounts still applies to death, including joint accounts. A will speeds up the unblocking procedure.

Freedom of choice of beneficiaries: the 50/50 rule may not correspond to your situation. Indeed, if you wish to bequeath a larger share to one of your children due to a disability or a special situation, or to protect an unmarried partner, a close relative outside the nuclear family or an association, without a will, none of these wishes can be respected.

5. Where to register your will in the UAE?

The DIFC Wills Service (Dubai) is the gold standard, with wills in English based on common law, covering both local and international property. This option is particularly suitable for complex situations (dismemberment, specific clauses, asset structuring).

Dubai Courts is an often more accessible alternative, with similar coverage for assets located in the UAE.

6. Conclusion

Since 2023, claiming that "Sharia law automatically applies to expats without a will in the UAE" is legally inaccurate. Federal civil law now provides for a clear and equal division between spouse and children.

But this law is not enough to cover all your wealth and family needs. A registered will remains the only way to organise your estate according to your real wishes, protect your children and secure your assets in full.

Meyran Partners supports you

Meyran Partners assists French-speaking residents in the Emirates in their estate planning: asset analysis taking into account the inheritance laws of your country of residence, choice of the type of will, assistance in drafting in accordance with the requirements of the DIFC or local jurisdictions (Dubai Courts).

Contact us for an initial consultation and protect the future of your loved ones with peace of mind.