Succession planning and real estate in the UAE : rules, DIFC/ADJD options and tips

Transferring real estate in the United Arab Emirates (UAE) can be challenging without prior planning, especially for expatriates. Between personal status rules (Sharia for Muslims), opt-out routes for non Muslims, and will registration platforms (DIFC/ADJD), anticipating the succession of UAE property is essential.

Legal framework : which law applies?

• Muslims : succession is governed by Sharia rules (codified in the Personal Status Law), allocating fixed shares among heirs (spouse, children, ascendants, etc.).
• Non‑Muslims : Article 17(1) of the Civil Transactions Law allows application of the deceased’s national law, provided a will is formalised and proved. Article 17(5) provides for UAE law on wills disposing of UAE‑situated real estate, careful structuring is required.

No will : practical effects for property

Absent a recognised instrument, bank accounts and real estate are typically frozen pending court orders. For non Muslims, courts may apply Sharia principles in whole or in part to local assets, potentially diverging from the family’s wishes (pre set shares, multiple heirs, difficult co ownership).

Planning tools for non-Muslims

DIFC Wills Service Centre (Dubai)

• English‑language procedure and testamentary freedom : Guardianship, Property, Full and Free‑Zone Company
• Probate before DIFC judges (common‑law style), with cooperation protocols with the DLD (Dubai property) and certain RAK authorities.

Abu Dhabi Judicial Department (ADJD)

• Arabic (or bilingual) process, UAE‑wide reach : ability to cover real estate located across emirates.
• Appointment of minor guardians and comprehensive UAE‑asset coverage.

Real-estate specifics

• Title deeds : maintain up‑to‑date Title Deeds consistent with the owner’s identity and marital regime.
• Execution enablers : sworn Arabic translations, legalisation of foreign documents, civil‑status records (marriage, birth), Emirates ID.
• Co‑ownership : anticipate stalemates among heirs (sale decisions, rent distribution) and include mechanisms (attorney‑in‑fact, testamentary guidance).
• Intrafamily gift (hiba) : in Dubai, gift transfers can pre‑assign key property at lower cost.

Practical examples

Example 1 : a non Muslim expatriate registers a Property Will at the DIFC; upon death, a DIFC grant of probate expedites transfer to named beneficiaries in coordination with the DLD.

Example 2 : a couple with minor children registers a Full Will at the ADJD with appointment of permanent and temporary guardians; the will covers Abu Dhabi real estate and bank accounts.

Best practices

• Map assets (UAE and abroad) and identify applicable rules.
• Select the right platform (DIFC or ADJD) based on language, asset footprint, procedural preferences and costs.
• Update the will after life events (marriage, birth, acquisitions/disposals).
• Spell out instructions on sale, retention and rental management.

UAE real estate succession planning rests on three pillars : choice of governing law, formalising a will (DIFC/ADJD), and document readiness. Anticipation helps avoid prolonged freezes, reduce contentious co ownership and ensure transfers aligned with family objectives.

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