Will Registration - March 18, 2025

What is Inheritance in UAE ?

Inheritance in UAE: Definition

Written By: avish
Reading Duration:

Inheritance in UAE (الميراث) refers to the legal process of transferring a deceased person’s assets, rights, and obligations to their heirs or beneficiaries. It includes both tangible and intangible assets, such as property, bank accounts, and investments. In the UAE, inheritance laws vary for Muslims and non-Muslims, with Sharia law governing Muslim inheritances and expatriates having the option to apply their home country’s laws.

Understanding UAE Inheritance Law

The UAE maintains two distinct inheritance systems to accommodate its multicultural population. For Muslim residents, Sharia law governs inheritance with predetermined distribution ratios among the legal heirs. Non-Muslim residents can opt for the DIFC Courts Wills, offering greater flexibility in asset distribution and the freedom to choose inheritance laws.

Types of Inheritable Assets

Inheritance in the UAE covers a broad spectrum of assets:

Tangible Assets:

  • Real estate properties in UAE
  • Vehicles and personal belongings
  • Business assets and equipment
  • Physical cash and valuables
  • Personal collections

Intangible Assets:

  • Bank accounts and savings
  • Investment portfolios
  • Insurance policy proceeds
  • Intellectual property rights
  • Digital assets and cryptocurrencies

Distribution Rules and Legal Framework

For Muslim Inheritances:

The distribution follows Sharia law’s fixed shares. For example:

  • Wives receive 1/8 with children or 1/4 without
  • Husbands receive 1/4 with children or 1/2 without
  • Children’s shares are calculated according to specific formulas
  • Parents and siblings may receive predetermined portions

For Non-Muslim Inheritances:

  • Full Testamentary Freedom to distribute assets as desired
  • Option to follow home country laws
  • Flexibility in beneficiary selection
  • Protection of asset distribution wishes

The Inheritance Process

Claiming inheritance in the UAE follows a structured process:

  1. Registration of death with local authorities
  2. Freezing of the deceased’s assets
  3. Court application for inheritance certificate
  4. Submission of heir documentation
  5. Obtaining distribution order
  6. Asset transfer to rightful heirs

Legal Requirements and Documentation

Essential documents needed:

  • Original death certificate
  • Legal heir certificate
  • Emirates ID or passport copies
  • Marriage certificates if applicable
  • Comprehensive asset documentation
  • Will (if anys)
  • Property ownership papers

Special Considerations for UAE Property

Real Estate Inheritance:

  • Specific rules for property transfer
  • Registration requirements with land department
  • Transfer fee considerations
  • Property valuation processes

Business Inheritance:

  • Company ownership transfer procedures
  • License modification requirements
  • Shareholding restructuring
  • Business continuity planning

Common Challenges and Solutions

Frequent challenges include:

  • Accessing frozen bank accounts
  • Navigating property transfer delays
  • Managing business continuity
  • Dealing with multiple jurisdictions

Solutions typically involve:

  • Engaging legal professionals
  • Preparing proper documentation
  • Following correct procedures
  • Maintaining clear communication

Cultural and Religious Aspects

The UAE’s inheritance system respects both:

  • Islamic principles for Muslim inheritances
  • International standards for non-Muslim estates
  • Cultural preferences and traditions
  • Family customs and practices

Practical Guidance

Pre-Inheritance Planning:

  • Document all assets comprehensively
  • Prepare and register a valid will
  • Designate beneficiaries clearly
  • Seek professional legal advice

Post-Death Procedures:

  • Register the death promptly
  • Apply to relevant courts
  • Create asset inventory
  • Follow distribution process

Digital Inheritance Considerations

Modern estate planning must consider:

  • Cryptocurrency assets
  • Online banking accounts
  • Digital properties
  • Electronic records and data
  • Social media accounts

Professional Support and Legal Assistance

Expert help is available for:

  • Legal consultation and guidance
  • Document preparation and registration
  • Court representation
  • Asset transfer facilitation
  • Dispute resolution

Protecting Your Rights

To ensure smooth inheritance proceedings:

  • Keep documentation updated
  • Understand legal requirements
  • Maintain clear records
  • Seek professional guidance
  • Plan ahead for succession