Can Foreigners Inherit Property in Dubai? Legal Guide for Expats

Can Foreigners Inherit Property in Dubai? A Practical Legal Guide for Expats

You bought a property in Dubai. You live there, rent it out, or treat it as a holiday home. And then the question creeps in: what happens to it when I die? The answer in the UAE is not what most expats assume, and the default outcome without proper planning is rarely what you’d want. Here’s exactly how inheritance works for foreign property owners in Dubai, and what you should do about it.

The Default: Sharia Law Applies If You Die Without a Will

This is the part that catches expats off guard. UAE Federal Law No. 28 of 2005, which governs personal status matters including inheritance, is based on Sharia principles. If you die without a registered will, Sharia rules determine who gets your UAE assets, including your Dubai property, your bank accounts, and your vehicle. Your nationality doesn’t matter. Your home country’s inheritance laws don’t matter. Your informal wishes don’t matter.

Under Sharia distribution, heirs receive fixed shares: a surviving spouse gets one-eighth if there are children, or one-quarter if there aren’t. Sons generally receive twice the share of daughters. Parents, siblings, and more distant relatives may also receive mandated portions. A non-Muslim expat who assumed their spouse would inherit everything could see their estate split among relatives they haven’t spoken to in decades.

The DIFC Wills Service Centre reported in 2024 that over 15,000 non-Muslim expats have now registered wills through their system. That’s a lot of registrations, but it’s still a fraction of Dubai’s expat property owners. Most are going without.

Your Options: Three Ways to Control Inheritance

1. Register a Will with DIFC Wills Service Centre. The Dubai International Financial Centre operates a wills registry specifically for non-Muslims. You can specify exactly who inherits your Dubai property, in what proportions, and who manages the estate. The DIFC probate process typically completes within four to eight weeks, compared to potentially months under the Sharia-based court system. One caveat: DIFC wills only cover assets inside Dubai and Ras Al Khaimah. If you own property in Abu Dhabi, you’ll need Abu Dhabi’s equivalent registration.

2. Register a Will with Abu Dhabi Judicial Department. For Abu Dhabi property owners, the ADJD Non-Muslim Wills Office offers a similar service. Law No. 14 of 2021 for Non-Muslims in Abu Dhabi allows foreigners to choose their home country’s law to govern their estate, which is a significant departure from the default Sharia framework.

3. Register a Will at Dubai Courts (Notary Public). The traditional route, available to Muslims and non-Muslims, but with less flexibility on distribution. A notarized Dubai Courts will follows UAE personal status law more closely, which may not align with your intentions as a non-Muslim expat.

Joint Ownership Doesn’t Solve the Problem

Many expats assume that owning property jointly with a spouse means automatic inheritance. It doesn’t. Under UAE law, joint ownership does not confer an automatic right of survivorship unless explicitly structured that way. If you and your spouse own a Dubai apartment jointly and one of you dies, the deceased’s share becomes part of their estate and is distributed according to Sharia (if no will exists) or the will’s instructions. Your spouse doesn’t just “get” the other half — it goes through probate.

This is where estate planning gets specific. Some expats use offshore corporate structures to hold their UAE property, so the company’s shares (governed by the jurisdiction of incorporation, not UAE law) pass to heirs. This approach requires professional legal structuring and isn’t a DIY job, but it’s increasingly common among high-net-worth investors.

Practical Steps to Take This Week

If you own property in Dubai and haven’t addressed inheritance, here’s what to do:

• Book a DIFC Wills consultation. The initial appointment costs around AED 700-1,000 and will tell you whether a standard will template covers your needs or whether you need bespoke drafting. The full DIFC will registration costs approximately AED 10,000-15,000 including legal fees.
• Audit what you own. List every UAE asset: property, bank accounts, vehicle, business interests. You’d be surprised how many people forget the savings account they opened when they first moved here.
• Talk to a UAE-licensed estate lawyer. Not a property agent. Not your accountant from home. Someone who practices inheritance law in the UAE and understands the interaction between UAE personal status laws and your home country’s jurisdiction.
• Inform your heirs. A registered will is only useful if someone knows it exists. Give a copy to your executor or a trusted family member.

What If There’s a Mortgage on the Property?

If your Dubai property has an outstanding mortgage when you die, the bank’s claim takes priority. The outstanding loan balance (plus any early settlement fees) must be paid before the property can transfer to your heirs. This is standard secured lending practice worldwide. If the mortgage includes life insurance (many UAE banks require this for expat borrowers), the insurance payout covers the balance and the property transfers debt-free to your estate. Check whether your mortgage agreement includes this — if it doesn’t, your heirs might need to sell the property to settle the loan. For help understanding your mortgage terms, run the numbers on our UAE mortgage calculator to see what your outstanding balance would look like at different points in the loan term.

Don’t Wait Until It’s Urgent

Estate planning is one of those things that’s never urgent until it’s too late. If you own property in Dubai, a registered will is not a luxury. It’s the difference between your assets going to the people you choose and your assets going where a law from 2005 says they should. The DIFC process is established, relatively fast, and used by thousands of expats every year. The only mistake in 2025 is not having a will at all.

For a complete picture of what your Dubai property is worth and what you can borrow against it, try our mortgage affordability calculator.

Sources: DIFC Wills Service Centre Annual Report 2024, UAE Federal Law No. 28 of 2005, Abu Dhabi Law No. 14 of 2021, Dubai Courts probate registry data 2024.