Dubai Inheritance Law: Who Inherits and How Is an Estate Divided?

Which Dubai Inheritance Law Applies to the Estate?

The law applied to an estate differs based on the deceased’s religion and nationality, and on whether a will exists. No single rule applies to everyone.

The 2024 Personal Status Law

Under Article 1 of Federal Decree-Law No. 41 of 2024, the Law applies to:

• UAE citizens where either party is Muslim.
• Non-Muslim citizens, subject to the exceptions stated in that Article.
• Non-citizens, unless an applicable alternative law is invoked as permitted by UAE legislation.

The Civil Rules for Non-Muslims

For non-Muslims covered by Federal Decree-Law No. 41 of 2022 on Civil Personal Status, Article 11 provides civil rules for wills and inheritance. Dubai Law No. 15 of 2017 also regulates non-Muslim wills and estate administration in the Emirate.

Our guide to UAE inheritance law for expats covers how these frameworks apply to foreign residents.

The Conflict-of-Laws Rules in the Civil Transactions Law

Article 17 of the new Civil Transactions Law distinguishes between inheritance and wills. The Law was issued by Federal Decree-Law No. 25 of 2025 and is effective from 1 June 2026.

• As a general rule, succession follows the law of the deceased’s nationality at death.
• The substance and form of a will may be governed by different laws under Articles 17/3 and 17/4.
• Article 17/5 separately applies UAE law to a foreigner’s will concerning immovable property located in the State.

So the one-third rule and the law of nationality should not be applied to every estate. The applicable legal system must be identified first.

Who Inherits in Dubai With or Without a Will?

Muslim Estates: Fixed Sharia Shares

The Islamic inheritance system sets fixed Sharia shares for heirs. The matter is not left to personal judgment. The main shares under Federal Decree-Law No. 41 of 2024 are:

• The wife (Article 212): one quarter of the estate if the deceased has no descendant heir, and one eighth if there is a descendant heir.
• The mother (Article 215): normally one sixth if there is a descendant heir or two or more siblings, and one third in other cases.
• The mother with a spouse: if the only heirs are the parents and one spouse, she receives one third of the remainder after the spouse’s share.
• The daughter (Article 217): one half if she is alone, or two thirds if there are two or more daughters, provided there is no son.
• Sons and daughters together (Article 217): they share the remainder as residuary heirs, with each son receiving twice a daughter’s share.

Our article on the inheritance rights of children in the UAE looks at children’s shares in more depth.

The Limits on a Muslim’s Will

A Muslim’s will is generally executed within one third of the net estate after funeral expenses and debts, under Article 173. A will exceeding one third is subject to Article 193, which provides limited exceptions.

Any excess depends on the heirs’ approval. The exceptions apply where there are no heirs or only a surviving spouse.

Under Article 184, a will to a legal heir generally requires the consent of the other adult heirs to affect their shares. It is enforceable against the shares of those who consent. The court may also allow it where it finds an overriding interest justifying it.

Non-Muslim Estates Under the Civil System

Distribution differs for non-Muslims subject to the civil system. Under Article 11/2 of Federal Decree-Law No. 41 of 2022, if there is no will:

• The surviving spouse receives half of the estate.
• The other half is divided equally among the sons and daughters.
• Different rules apply where there are no children.

Article 11/3 also allows a foreign heir to request the law applicable to succession under the Civil Transactions Law. This applies unless there is a registered will to the contrary.

How Do Heirs Claim and Transfer an Estate in Dubai?

The estate is not given directly to the heirs. To claim it, the heirs follow these steps:

1. Get the official death certificate and document it.
2. Apply to the competent court for an inheritance certificate, or for an order that identifies the heirs and their shares.
3. Make a full list of the estate, called an inventory, covering real estate, bank accounts, and other assets.

Order of Payment for Estates Under the 2024 Law

For estates governed by the 2024 Personal Status Law, Article 201 sets the order:

1. Funeral expenses are paid first.
2. Debts due from the estate are paid next.
3. A valid will is then carried out within the legal limits.
4. Only after that is the remainder divided among the heirs.

Non-Muslim Estates and Property Registration

Non-Muslim estates have their own management and payment rules under Dubai Law No. 15 of 2017. Once the required court documents are obtained and the obligations are settled, property transfers are registered with the Dubai Land Department.

Banks follow their own release procedures. Some estates also need a court-appointed administrator.

Can a Non-Muslim Family Use a DIFC-Registered Will?

The Dubai International Financial Centre (DIFC) provides an independent system for registering and managing non-Muslim wills. It includes official registration of the will, appointment of an executor, and probate proceedings before the DIFC Courts.

The DIFC Courts have jurisdiction over claims related to non-Muslim wills registered with them. This follows from Article 14(A)(4) of Dubai Law No. 2 of 2025 and Article 29 of Dubai Law No. 15 of 2017.

An additional clause choosing those courts is not a general condition for that jurisdiction. The scope of the dispute and any enforcement steps outside the DIFC must still be considered.

The registration routes are compared in our guide on how to register a will in Dubai.

Does a Foreign Will Automatically Transfer Dubai Property?

A foreign will does not by itself transfer property ownership in Dubai. Article 17/5 of Federal Decree-Law No. 25 of 2025 applies UAE law to a foreigner’s will about immovable property located in the State.

The same Article separates the law that governs succession from the law that governs the substance and form of a will. The validity and effect of each foreign will must therefore be considered according to its own circumstances.

What the Transfer Still Requires

In Dubai, Law No. 15 of 2017 also governs non-Muslim wills and estate administration. To transfer property, the heirs still need:

• The relevant court order or inheritance documents.
• Registration with the Dubai Land Department.

The Department’s inheritance-registration service is currently handled through its service centers or registration trustee centers. The title deed is issued electronically.

Where a non-Muslim will is registered with the DIFC Courts, Article 14(A)(4) of Dubai Law No. 2 of 2025 governs their jurisdiction over related claims.

Unregistered Foreign Wills

Not registering a foreign will does not always make it invalid or require distribution under Sharia shares. Under Article 18 of Dubai Law No. 15 of 2017, an unregistered non-Muslim will may be implemented through a judgment of the competent court. Its legal conditions must be met.

A foreign will dealing with a villa in Dubai, for example, may need authentication, court recognition, and registration before the property can be transferred.

If the will cannot be implemented, the estate is distributed under the applicable intestacy rules. These rules are not necessarily the Islamic shares for a non-Muslim estate.

Proper documentation and early review of the will remain important to avoid disputes and delays.

Dubai Inheritance Law by Type of Estate

The points below summarize the governing law, the practical result, and the legal basis for five common situations.

For advice on a specific estate, contact the Leaders Advocates team.

Official Legal Sources