Inheritance in the UAE : sharia rules, non-muslim expats and child guardianship

Without prior planning, an expatriate’s death in the United Arab Emirates (UAE) can trigger asset freezes, uncertainty over distribution and questions about guardianship for children. This guide outlines Sharia based rules, options for non Muslims and practical steps to safeguard family interests.

When an expatriate dies without a will : governing laws

In the absence of a will, local courts primarily rely on :

• Civil Transactions Law (Federal Law No. 5/1985); and
• Personal Status Law (Federal Law No. 28/2005).

In some circumstances, Sharia principles may be applied, even to a non-Muslim, to allocate assets among family members. Practically, access to the deceased’s assets is restricted : bank accounts (even joint) are frozen until court orders are issued and local debts are settled.

Bank accounts and debts

The surviving spouse does not have immediate access to bank accounts, even if jointly held. Accounts remain frozen until court directions are received and debts (including local fines) are paid. Distribution then follows the applicable rules (Sharia, national law if applicable, will).

Child custody and guardianship

UAE law distinguishes custody from guardianship. Custody (day to day care) is typically granted to the mother, while guardianship (financial, moral responsibility and representation) is commonly vested in the father. If the father dies, guardianship may pass to the closest male relative on the paternal side, subject to judicial discretion. In the absence of instructions (will/guardianship letter), local authorities may need to intervene temporarily.

Non Muslims : which law applies?

Local law provides that a non-Muslim’s national law may govern succession (Article 17(1) Civil Code), while Article 17(5) provides that UAE law applies to wills disposing of UAE real estate (subject to case law nuances, notably in Dubai). In practice, applying home country law is more straightforward when the deceased registered a will (e.g., DIFC Wills Service, ADJD) and had it translated/legalised in Arabic.

Protecting family members

• Register a will (DIFC in English for non‑Muslims; ADJD in Arabic/bilingual), including appointment of permanent/temporary guardians for children.
• Prepare documentation : sworn translations, title deeds, certificates, Emirates ID, marriage/birth certificates.
• Clarify asset locations (real estate, accounts) and intended governing law.
• Inform close family of the will and where it is registered.

Spotlight : the DIFC Wills Service

Since 2015, the DIFC Wills Service offers non Muslims a common-law-style probate route for assets in Dubai (and RAK), with options for guardianship, property, full and free zone company wills. DIFC judges issue grants of probate, facilitating execution of the testator’s wishes.

Good practices and caveats

• Real estate : ensure the applicable regime (Sharia vs national law) aligns with objectives and, if needed, choose a compatible route (DIFC/ADJD).
• Joint accounts : maintain liquidity outside the UAE to cover immediate family needs.
• Translations : Arabic translations of key instruments speed local procedures.

UAE succession planning for expatriates must combine local compliance (Sharia, court formalities), an informed choice of governing law, and will registration to avoid prolonged asset freezes and to secure child guardianship. Specialist advice helps anticipate conflict of laws issues, select the right forum (DIFC/ADJD) and protect the family.

Our lawyers, who are experts in inheritence law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Inheritance Law
contact@agn-avocats.fr
09 72 34 24 72