Inheritance Rights of Spouse vs. Deceased’s Family in the UAE

In the United Arab Emirates, the surviving spouse’s share vis à vis the deceased’s family hinges on the personal status law that applies (Muslim/non Muslim), the existence and validity of a will, and, in some instances, the chosen law designated by the deceased during his or her lifetime. This practical guide outlines core principles, common scenarios and planning tools that help avoid conflict in cross border families (multi national couples, first marriage children, assets spread across jurisdictions, etc.).

Which legal framework applies?

Succession in the UAE follows personal status rules. In practice :

• Muslim decedent : application of Islamic inheritance rules (fixed shares for Qur’anic heirs, then agnates). Voluntary bequests are generally limited (up to one‑third) and cannot harm the reserved heirs.
• Non‑Muslim decedent : application of the civil personal status regime for non‑Muslims and/or the chosen law (e.g., national law) if expressly designated in a will. Non‑Muslim wills can be registered with competent bodies (e.g., DIFC Wills Service Centre, Abu Dhabi Non‑Muslim Personal Status Court).

Because outcomes differ widely, early succession mapping (religious/legal status, children, asset location, prior documents) is key.

Spouse’s share where there are children

Muslim decedent

• Surviving wife : 1/8 where the deceased leaves children; 1/4 if no children.
• Surviving husband : 1/4 where there are children; 1/2 if none.

The balance devolves to other heirs according to priority (children, then by representation to grandchildren, father and mother, siblings, etc.), with specific apportionment rules between sons and daughters.

Non-Muslim decedent

Absent a will, intestacy under the civil regime usually grants a substantial portion to the spouse, often alongside children according to statutory proportions. With a will, testamentary freedom is comparatively broader : the spouse’s share can be increased, or a life interest/trust can be created, subject to formal validity and any applicable public policy limits.

Parents, siblings and the extended family

Under Islamic rules, the father and mother receive fixed fractions (reduced where there are children); other relatives (siblings, grandparents) may inherit depending on the presence of descendants and priority. For non Muslims, where there are no children and no will, ascendants (parents) and collaterals (siblings) can inherit before remoter relatives. A well drafted will clarifies expectations and reduces dispute risk.

Marital assets, separate property and the family home

By default, UAE law does not impose a community property regime. Assets are generally separate, unless co owned or governed by contract (marital agreements, shareholders’ pacts, holding structures). Upon death :

• identify the decedent’s net estate (excluding the spouse’s own property);
• apply the relevant distribution rules; and
• consider protection of the family home (occupational rights, use or life interest) via applicable law or targeted will provisions.

Mixed families, first marriage children and foreign assets

In international families, conflict-of-laws issues are central. One often sees UAE assets (real estate, bank accounts) and foreign assets subject to different rules and potential forced-heirship claims. Typical risks include unintended dilution of the spouse’s share, competing claims from children of prior relationships and complex will enforcement. Practical mitigants include :

• a local non‑Muslim will (DIFC/Abu Dhabi) where appropriate;
• choice‑of‑law designations when permitted;
• use of holding structures (DIFC/ADGM foundations, recognised foreign trusts) where suitable; and
• clear drafting (spousal life interest, executors, guardianship of minors) with a supporting evidence bundle (asset lists, bank references).

How to protect the spouse

1. Prepare a full asset inventory (UAE/abroad), title deeds, insurance and joint‑account details.
2. Verify personal status (Muslim/non‑Muslim) and the default law without a will.
3. Put in place a valid will (properly registered) with spouse‑protective mechanisms (life interest, trust, preferential legacy, executorship).
4. Address minor children (guardianship) and funding arrangements (life insurance, blocked accounts).
5. Update on family events (marriage, divorce, birth, relocation, new assets).

Process and evidence

On death, the family must open the probate/succession file before the competent forum (UAE or foreign). Key documents include death certificate, proof of personal status, the original/registered will, bank letters, title deeds and heirs’ IDs. Courts typically require translations/legalisation, anticipate formalities (apostille, language).

The spouse’s share vis à vis the deceased’s family varies significantly with the applicable law, the presence of a will and the way assets are held. Estate planning (choice of law, a registered will, protective clauses, asset structuring) prevents disputes, safeguards the spouse and preserves family balance.

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