Property inheritance laws in the UAE are governed by the Federal Law, which follows Islamic Sharia Law principles. These laws vary significantly for Muslims and non-Muslims, impacting how property is distributed.
Whether you own property or plan to inherit, understanding the UAE inheritance laws is essential. Here’s a comprehensive guide.
Property Inheritance in the UAE
To understand property inheritance, it is important to see what the Sharia Law states.
Inheritance is the act of bestowing property, assets and/or debt upon the passing of the owner. The primary beneficiaries of the property are always the legal heirs unless stipulated otherwise in the will.
Property inheritance works differently for Muslims, Non-muslims and foreigners. We will talk more about it, below.
Legal Heirs:
Unless stipulated otherwise in the will, part of the estate is always distributed between the legal heirs of the property. The Sharia law specifies the legal heirs as the spouse, children, parents and siblings.
In the case where there is no will, the estate is distributed between the legal heirs as per the shares specified by Sharia law. The fixed shares are given as such:
- The spouse receives 1/4 of the share.
- The sons receive 2/3 of the remainder.
- Daughters receive 1/3 of the son’s share.
- In cases where there are no children, the spouse receives 1/2 of the share.
With the mutual consent of the legal heirs, changes can be made to the standard distribution of property. The deceased’s bank accounts, vehicles, investments and other assets will also be distributed as per the above mentioned criteria.
Muslims
For Muslims, inheritance works under the basis of Sharia law. Islamic Sharia Law highlights various important points for inheritance. One of the primary points is related to inheritance for non-muslims. According to Sharia Law, a Muslim cannot share his inheritance with a non-muslim.
Some of the other main points include:
- The amount for funeral expenses and accrued debt is subtracted before sharing the property.
- Any property that is not listed in the will gets distributed based on the fixed shares specified by Sharia Law.
- The killer of the deceased cannot inherit the property.
- Only one-third of the property can be in the will.
Want to know how to get a property valuation done? Refer to our guide on how to get a property valuation done in Dubai.
Non-Muslims
Unlike Muslims, non-muslims are not bound to the Islamic Sharia law for the distribution of their property. The UAE law specifies their rights in Law No. (41) of 2022, Articles 11 and 12.
According to this law, the testator has the right to leave his property and assets to anyone they want and it shall be distributed appropriately.
In cases where there is no will, half of the inheritance will go to the spouse, while the other half is distributed equally among the children. No differentiation is done between the sons and daughters. In other cases, the following rules apply:
- If the deceased has no children, half of the property will be distributed equally among the deceased’s parents.
- If there is one living parent, 50% of the property will be distributed between the parents and the deceased’s siblings.
- If there are no spouses, siblings or children, the parents will receive the entire property.
- If there are no parents, the deceased’s sibling will inherit the property with no differentiation between brothers and sisters.
Expats
Before the new laws were introduced, the property and assets of both Muslim and non-muslim expats were automatically distributed under Sharia Law. In many cases, this led to the assets being distributed to members the testator would not want.
A new law was introduced in the UAE that allowed both Muslim and non-muslim expats to follow the laws of their home country for inheritance. Expats need to write a will that specifies the distribution of the property, the assets and their beneficiaries.
FAQs
No. A non-muslim cannot inherit property from a Muslim.
The deceased expat’s property is distributed automatically according to Sharia law if a written testament is not provided.
Property inheritance can be complex, particularly for non-muslims and expatriates. We hope this guide helped you understand property inheritance in the UAE a bit better.
