In the United Arab Emirates [UAE], the absence of a valid will triggers the automatic application of Sharia inheritance principles, which distribute assets according to fixed shares among heirs. This article explains how inheritance works without a will, the implications under Sharia law, and why registering a DIFC will is a crucial step in effective estate planning.

1. What is a will?

A will is a formal legal instrument through which an individual directs the distribution of their estate upon death and appoints executors to administer their affairs in accordance with their wishes.

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2. What Happens Without a Will in the UAE?

When an individual passes away in the UAE without executing a valid will, the estate is automatically distributed according to Sharia law. This system applies to all Muslims by default, and in many cases, to non-Muslims unless other alternative arrangements are made.

Under Sharia law, inheritance is not determined by personal choice but rather by fixed shares prescribed by Islamic principles. A few well-noted examples are listed below:

1. Male heirs generally receive double the share of female heirs of the same relation.

2. Specific relatives, such as parents or spouses, are entitled to defined portions.

3. Distant relatives may inherit too, provided that it is proven that a closer heir does not exist.

The above principles are codified in the UAE Federal Law No. 28 of 2005 (the “Personal Status Law”) and are applied by onshore Sharia Courts in matters involving Muslims or by default when no alternatives are specified.

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3. Application by Onshore UAE Courts

In onshore courts, specifically those that operate under the UAE Civil Law (federal) system, Federal Decree Law No. 41 of 2022 (the “Civil Personal Status Law”) now allows non-Muslim expatriates to request that their home country’s inheritance laws apply. However, if it is apparent that no such request is made or that a will exists, the Sharia-based distribution will take effect by default.

In effect, if no will exists or such a request is made, it is possible that assets, bank accounts, and even guardianship of minor children may be distributed under principles that differ significantly from common law or civil law jurisdictions.

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4. DIFC Approach: A Different Legal Landscape

The DIFC operates under the common law framework, separate from the UAE’s federal law system. Within the DIFC, individuals, specifically non-Muslims, have the option to register a DIFC will under the DIFC Wills and Probate Registry.

If no DIFC will is registered, the DIFC Courts may still refer to the Personal Status Law, which means Sharia law and its principles could indirectly apply to assets located outside the DIFC or where no clear governing law is specified.

In short, a DIFC will act as a legal shield allowing non-Muslims to dictate how their UAE-based assets are managed upon death, either in line with their personal wishes or with Sharia-based allocations.

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5. Importance of Estate Planning

For both Muslim and non-Muslim residents, having a valid will is not just a legal formality; it acts as a proactive safeguard. Without it, families of the deceased can face prolonged court procedures (probate), frozen bank accounts, and unexpected distributions of assets.

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By registering a will, whether it be in the DIFC or any other common law free zone, it ensures that inheritance proceedings follow the decedent’s intent while remaining compliant with UAE regulations.

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Conclusion

Estate planning in the UAE requires foresight, particularly for individuals who wish to ensure clarity, protect their families, and avoid unintended legal outcomes. While the law provides structured mechanisms for asset distribution, relying on default provisions can lead to delays, uncertainty, and results that may not reflect one’s personal wishes. Preparing a properly executed will, whether through the DIFC or other recognized jurisdictions, offers certainty, efficiency, and peace of mind. Ultimately, thoughtful planning today ensures that your affairs are handled smoothly and your loved ones are safeguarded tomorrow.

With a will, you control your legacy. Without one, the law decides for you.

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