What Happens to Your Dubai Property If You Die Without a Will? Expat Rules 2026

What Happens to Your Dubai Property If You Die Without a Will?

If a non-Muslim expat dies without a will, their Dubai property is, since 1 February 2023, generally divided under the default rules of Federal Decree-Law No. 41 of 2022 on Civil Personal Status: as described in published summaries, half of the estate goes to the surviving spouse and the rest is shared equally among the children, regardless of gender. If there are no children, the estate goes to surviving parents, or to a parent and siblings. Property is not treated differently from other assets. The default can be changed by a registered will, and without one, the family faces a court process that is slower, costlier and less predictable than most owners expect.

This guide explains what changed in 2023, what the default rules say, why many online guides are out of date, where expats can register a will and a practical checklist for property owners. It is based on published legal commentary on the 2022 decree-law and on the will registries' public descriptions, checked as of October 2026. Inheritance is a legal matter and your situation, nationality and family make a difference, so this is general information and not legal advice. Speak to a UAE estate lawyer before you decide.

What Changed on 1 February 2023

Before 2023, Sharia-based succession rules applied by default to most estates in the UAE unless a will said otherwise. Federal Decree-Law No. 41 of 2022 changed that for non-Muslims. Published commentary describes the position as follows:

• The default rules for non-Muslims who die without a valid will are set by the decree-law, not by Sharia.
• Heirs of a foreigner may be able to ask for their home country's inheritance law to be applied, unless a registered will provides otherwise.
• The rules apply to UAE assets, and real estate is treated in the same way as other property, such as bank balances.

Commentators also note that the 2023 regime is relatively new and has had limited testing, so cases that involve religion, public-policy questions or mixed families can still be uncertain. Many popular guides still describe the older position, so check the date on anything you read.

The Default Rules If There Is No Will

If the owner leaves	The default distribution (as published)
A spouse and children	50% to the spouse, the remainder shared equally among the children with no distinction between sons and daughters
No children	The estate goes to surviving parents, or is shared between one surviving parent and the deceased's siblings

These are summaries of a legal text and the details matter, for example when there is more than one spouse, a spouse and no children, or heirs living abroad. A lawyer should apply the rules to your family. The key point for property owners is that a default distribution may not match what you would choose, and it may also leave you with several co-owners of one apartment who must agree on what to do with it.

What Happens in Practice Without a Will

• A court process. The estate is administered through the courts, with certificates, translations, legalisation and proof of family relationships for each heir, often involving documents from several countries.
• Delay. The property cannot normally be sold, transferred or re-let in the heirs' names until the process is complete, and costs such as service charges and any mortgage payments continue meanwhile.
• Guardianship of minors. If you have minor children, the court decides on guardianship, and its view of a suitable guardian may differ from what you would have chosen.
• Mortgages. A mortgaged property remains subject to the bank's loan. Check whether you hold life cover linked to the mortgage and who the beneficiary is.
• Co-owners. Several heirs can end up co-owning one unit, and any one of them can disagree on selling or letting it.

Where Expats Can Register a Will

Option	What to know
DIFC Wills Service Centre	Allows non-Muslim expats to make a will, in English, covering named heirs and assets including real estate, and to appoint guardians for minor children. Subject to the DIFC Courts
Dubai Courts or notary route	A separate system. Wills are typically drafted in Arabic, and published descriptions say it has no provision for guardianship
Abu Dhabi Judicial Department	A registry for wills in Abu Dhabi

Registration fees, forms and timelines are set by each registry and change, so get the current details from the registry or your lawyer rather than relying on figures quoted online. A will should be reviewed whenever your circumstances change, for example after marriage, a birth, a divorce, a property purchase or a move.

A Checklist for Dubai Property Owners

1. List your UAE assets. Include each property, who holds the title or Oqood, the ownership shares and any mortgage.
2. Decide who should inherit what. Compare your wishes with the default rules above.
3. Choose guardians for minor children. This is one of the main reasons expats register a will.
4. Register a will with an appropriate registry. A will signed only in your home country may not be enough to deal with a UAE property quickly.
5. Check mortgage and insurance arrangements. Make sure life cover, if any, names the right beneficiary.
6. Keep documents accessible. Title deeds or Oqood, the sale and purchase agreement, service charge details and the contact for your agent or lawyer.
7. Tell your executor and family. They should know where documents are and who to call.
8. Review after major life events. Update the will if your family or assets change.

Common Misunderstandings About Wills and Dubai Property

• "My home-country will covers my Dubai property." It may not be recognised or easy to apply in the UAE without further steps. Many owners register a UAE will specifically for their UAE assets.
• "Joint ownership means it passes automatically to my partner." Not necessarily. How a co-owner's share is treated on death depends on the structure and the applicable law, so confirm it for your situation.
• "Wills are only for wealthy people." Anyone who owns a property, has savings or has children in the UAE benefits from deciding what happens next.
• "The default rules will do what I want." They may, but they are a fixed formula that does not know your family, and they do not choose a guardian for your children.
• "I can sort it out later." Wills only help if they are registered before they are needed.

Questions to Ask a UAE Estate Lawyer

1. Which registry is best for my family, my nationality and my assets?
2. How will the default rules apply to my family if I do not register a will?
3. Should my property, my bank accounts and any company shares be covered by one will or several?
4. How do I name guardians for my children, and who should be the executor?
5. How does my mortgage and any life cover interact with the will?
6. What are the current fees, forms and timelines for registration?

Joint Ownership and Overseas Owners

Owning a property jointly does not remove the need for a will, and how a co-owner's share passes on death depends on the ownership structure and the applicable law, so confirm how your specific arrangement is treated. If you live abroad and own a Dubai property as an investor, the same considerations apply: your home country's rules and the UAE's may differ, and a registered UAE will can make the position clearer. Our guides for British buyers and Indian NRI buyers cover the wider buying process, and our guide to tax on Dubai property covers the tax side.

Keep Your Property Records Ready

SMS Realty is not a law firm and cannot advise on wills, but we can help you gather the property documents your lawyer will ask for, and keep your ownership records organised. Read our guide to title deeds in Dubai, learn how RERA and the DLD protect buyers, or contact an advisor if you would like help preparing your records.