Inheritance Rights of Parents in the UAE depend on the law governing the estate and which relatives survive. Under the general Personal Status Law, the mother receives a fixed share. The father can receive a fixed share, the remainder, or both.
Inheritance Rights of Parents in the UAE Under the General Law
Federal Decree-Law No. 41 of 2024 generally governs Muslim estates. Article 209 lists the fixed shares, and Article 210 includes both parents among the fixed-share heirs. A fixed share is a fraction of the estate set by law.
How the Father’s Share Works
Article 213 sets the father’s share according to the deceased’s descendant heirs.
- With a male descendant heir, the father receives one-sixth as a fixed share.
- With a female descendant heir and no male descendant heir, he receives one-sixth plus any remainder after the other fixed shares.
- With no descendant heir, he takes the entire estate if he is the sole heir or the remainder after other fixed shares.
For example, assume the father and two daughters are the only heirs. Under Article 217(1), the daughters share two-thirds. Under Article 213(2), the father receives one-sixth plus the remaining one-sixth, giving him one-third in total.
If a spouse or the mother also survives, the calculation may change.
How the Mother’s Share Works
Article 215 provides three possible shares.
- One-sixth if there is a descendant heir or at least two siblings. Full and half-siblings count even if they are excluded from inheriting.
- One-third of the estate if there is no descendant heir and fewer than two siblings, subject to the special rule below.
- One-third of the remainder if the heirs are limited to the two parents and a surviving spouse. In this case, known as the Umariyya case, the spouse receives their fixed share first.
What the Estate Judge Distributes
Article 201 sets the order of payment and distribution.
- Pay reasonable funeral preparation expenses.
- Pay the deceased’s debts.
- Carry out the valid will within the statutory limits.
- Distribute the remaining estate among the heirs.
A will generally takes effect up to one-third of the net estate under Article 173. Article 184 sets exceptions for wills benefiting heirs. Article 193 governs amounts above one-third, including when heirs consent to the excess. See how an Islamic will in Dubai interacts with the fixed shares.
Under Article 5(2)(a), the estate judge identifies the heirs and their shares, inventories the assets, and oversees liquidation.
Parents Under Federal Civil Inheritance Rules
Where Federal Decree-Law No. 41 of 2022 applies, Article 11 governs succession. A valid will may cover all UAE property under Article 11(1), subject to the applicable requirements. The requirements for a legally binding UAE will are relevant when determining whether its terms govern the parents’ entitlement.
Without a will or children, both surviving parents share equally in the portion that goes to them under Article 11(2). A surviving spouse’s entitlement and the rules for a sole surviving parent may affect distribution.
Under Article 11(3), an heir of a foreign deceased person may request application of the law governing the estate under the Civil Transactions Law. A registered will that provides otherwise can displace that option. See the separate guide to civil wills and estates for non-Muslims.
