Inheritance and Family Disputes: Understanding Your Legal Options in the UAE

The passing of a loved one brings emotional pain—but when inheritance issues arise, that grief can quickly escalate into conflict. In the UAE, where a mix of Sharia-based and civil legal systems coexist, inheritance matters can be complicated, especially for expat families with assets across multiple jurisdictions.

Whether you’re contesting a will, managing estate distribution, or dealing with family tensions, understanding your legal options is essential to protecting your rights and maintaining peace among heirs.

1. How Inheritance Works in the UAE

Inheritance in the UAE is governed primarily by:

Sharia law for Muslims
Civil personal status laws for non-Muslims

Under Sharia, inheritance shares are fixed and distributed according to gender and family relationships. For non-Muslims, a will may override Sharia law if registered properly. Recent reforms have made it easier for expats to apply their home country’s laws.

2. Who Can Inherit?

In Sharia-based inheritance, eligible heirs include:

Spouse
Children
Parents
Siblings
Extended family (in some cases)

The exact share depends on family structure. For example, sons typically receive double the share of daughters, and spouses may inherit a portion of property based on surviving family members.

Non-Muslims can designate heirs freely through a will, but certain legal conditions must be met.

3. Importance of a Registered Will

For expats, having a properly registered will is critical. Without one, UAE courts may apply Sharia principles by default—even to non-Muslims.

Options for will registration include:

Dubai International Financial Centre (DIFC) Wills Service
Abu Dhabi Judicial Department (ADJD) Wills Registry
Notary public registration (for some emirates)

A will allows you to:

Distribute assets according to your wishes
Appoint guardians for minor children
Prevent unnecessary legal battles among heirs

4. When Disputes Arise

Family disputes over inheritance often emerge due to:

Ambiguities in the will
Allegations of coercion or undue influence
Disagreements over property division
Claims by excluded heirs
Unclear financial records or asset ownership

These disputes can be emotionally and financially draining, especially without legal guidance or a clear estate plan.

5. Legal Grounds for Contesting a Will

A will may be challenged if:

The testator lacked mental capacity when signing
It was not signed or witnessed correctly
It contradicts local law or public policy
It excludes dependents unlawfully

Challenging a will requires court proceedings, documentation, and often expert testimony.

6. Mediation and Family Settlements

Before pursuing litigation, many families explore mediation as a more peaceful resolution method. Benefits include:

Preserving family relationships
Reducing legal costs
Maintaining privacy

Mediators can help structure equitable settlements and clarify miscommunications. The agreement can then be ratified by a court to become legally binding.

7. Court Proceedings for Inheritance Cases

If mediation fails, heirs may turn to the courts. The process typically involves:

Filing a petition with the local personal status court
Verifying the deceased’s assets and liabilities
Presenting the will (if applicable)
Producing family tree documentation
Engaging experts for property valuation

Judges evaluate all documents and may call for DNA tests, asset audits, or witness statements to determine rightful heirs.

8. Role of the Executor or Estate Manager

An executor (named in the will) or court-appointed estate manager oversees the inheritance process, which includes:

Identifying and managing assets
Settling debts and taxes
Distributing property as per the will or law

This role requires legal expertise, especially in cases involving international assets, business ownership, or real estate.

9. Inheritance and Real Estate in the UAE

Property owned by a deceased individual is frozen until the estate is settled. Heirs must:

Apply for a succession certificate
Clear outstanding debts
Pay any transfer or registration fees

If real estate is jointly owned, only the deceased’s share is distributed. Title transfer is not automatic and requires court authorization.

10. Cross-Border Challenges

Expats often face complex inheritance issues due to:

Assets in multiple countries
Conflicting legal systems
Varied rules on forced heirship or spousal rights

It’s crucial to:

Appoint legal counsel familiar with both UAE and foreign jurisdictions
Structure wills and trusts to align with all applicable laws
Consider tax implications and reporting requirements

Conclusion: Be Proactive to Avoid Conflict

Inheritance disputes can break families apart. Whether you’re planning your estate or resolving a dispute, legal clarity is your strongest defense. A properly drafted and registered will can prevent misunderstandings, and early legal intervention can resolve disagreements before they escalate.

In the UAE’s diverse legal environment, expert advice and careful documentation are key to safeguarding your legacy and maintaining family harmony.