Specialised legal consultations on inheritance and estate planning for Muslims and non-Muslims in the UAE — wills, assets, bank accounts, real estate, and estate procedures.
Inheritance procedures and estate planning in the UAE differ based on the person's religion, the nature of the assets, the existence of an organised will, and the authority responsible for handling the estate.
For Muslims, Faraid rules apply in accordance with UAE laws. Non-Muslims may have legal options for organising asset distribution through DIFC or ADGM wills or the relevant authorities, depending on the case and asset type.
In the absence of an organised will or clear legal planning, the estate may be subject to procedures and laws that do not reflect the family's wishes or the nature of the assets, potentially leading to delays or future complications.
Personal Status Law and Related Regulations
Muslim Inheritance and FaraidCivil and Property Laws
Real Estate and UAE AssetsDIFC and ADGM Wills
Options for Non-MuslimsRecent Laws and Regulations
Estate Planning and Family MattersThe table below illustrates general, simplified differences between certain inheritance scenarios for Muslims and non-Muslims in the UAE. Final outcomes differ based on each case, asset type, and relevant authority.
| Matter | Muslims | Non-Muslims |
|---|---|---|
| Applicable Framework | Islamic Faraid rules per applicable UAE laws | May have options via DIFC, ADGM, or relevant authorities |
| Spouse's Share | Determined by Faraid rules based on the presence of heirs | Can be organised with greater flexibility per chosen legal framework |
| Children's Share | Determined by Islamic Faraid rules | Can be organised per chosen law or suitable will |
| Bequest to Non-Heirs | Subject to limits and rules of the Islamic bequest | Greater flexibility per chosen legal framework |
| Child Guardianship | Subject to laws, judicial procedures, and best interests of child | Guardianship arrangements can be organised per suitable will |
| UAE Real Estate | Subject to applicable laws and Faraid rules for Muslims | Can be organised per suitable will depending on property type |
| Relevant Authorities | Vary by estate type, assets, and emirate | DIFC, ADGM, or relevant authorities depending on case |
| Estate Procedures | Through relevant authorities per the case | May be more organised when a registered will and clear documents exist |
The absence of a will or prior legal planning may lead to practical and legal complications for the family and heirs, particularly when there are multiple assets or heirs outside the country.
Bank accounts may be temporarily frozen after death pending the completion of legal estate procedures, depending on the bank and relevant authorities.
Without an organised will, some assets may be subject to procedures and laws that do not align with the family's wishes for estate distribution or protection of the spouse and children.
The absence of clear guardianship arrangements may lead to legal proceedings or family disputes regarding the children's welfare and care arrangements.
The absence of clear documents may lead to delays and additional costs in estate procedures, depending on asset nature, number of heirs, and the presence of disputes.
Failure to organise the transfer of shares may lead to complications in company management, partner authorities, and business continuity after an owner's death.
In some cases, the family may need to review residency status or administrative arrangements related to the breadwinner, assets, or companies.
Estate procedures vary depending on asset type, the existence of a will, number of heirs, and the relevant authority. The following is a simplified general overview of some typical steps.
Notifying relevant authorities and banks as applicable, with some accounts potentially restricted pending completion of procedures.
Submitting the necessary requests and documents to the relevant authority or court based on estate type and heirs.
Identifying heirs or beneficiaries in accordance with the applicable documents and laws, which may require additional procedures depending on the case.
Inventorying and valuing the assets, liabilities, and debts related to the estate in accordance with required procedures.
Distributing the estate in accordance with applicable laws, the will, or decisions issued by the relevant authority depending on the case.
Having an organised will and clear documents may help facilitate procedures, reduce complications, and clarify the wishes of the estate owner to the relevant authorities.
Speak with our legal team to identify the right legal path for your estate and family.
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