Buying property in the UAE is a significant milestone for many expats. But what happens if you pass away without a registered Will? With the new UAE Civil Law now in effect, the fate of your property—and your family’s right to it—could be determined by default rules you never intended to apply. Whether your apartment is still under mortgage, rented out, or under construction, a lack of proper planning can result in frozen assets, delayed access, or even court-ordered sales—leaving your loved ones unprotected and vulnerable.
The Legal Landscape: UAE Civil Law on Inheritance without a registered Will
Under the latest amendments to the UAE Federal Decree Law No. 41 of 2022 on Civil Personal Status, which came into force in February 2023, non-Muslim expatriates who die intestate (without a will) will have their UAE-based assets distributed under the new civil inheritance rules, unless a registered will dictates otherwise.
Important Legal Note on Property bequeathed through a Will
It is crucial to understand that under UAE law, property passed on through a Will carries not only ownership, but also any associated obligations. According to Article 32 of Cabinet Decision No. (122) of 2023, which forms part of the Executive Regulations to the Federal Decree-Law No. (41) of 2022 on Civil Personal Status:
“The property bequeathed shall transfer to the beneficiary carrying all the rights and obligations attached to it. Should the beneficiary refuse to fulfil such rights and obligations, their right to the bequest shall lapse.“
- This means that if the property is subject to a mortgage, service charges, taxes, or any other financial liabilities, the beneficiary inherits both the asset and the attached obligations.
- If the beneficiary is unwilling or unable to accept these obligations, their right to the bequest shall lapse
In practical terms, even with a registered Will, heirs must be prepared to assume any outstanding debts or commitments tied to real estate or other assets. Proper planning and legal guidance are essential to ensure that your chosen heirs can accept and manage their inheritance without unexpected complications.
What happens to your UAE Property if you die Intestate (without a Will)?
In legal terms, dying intestate means passing away without having executed a valid will in accordance with the applicable law. In the UAE, for non-Muslim expatriates, this triggers a formal inheritance process under Federal Decree-Law No. 41 of 2022 on Civil Personal Status.
In the absence of a registered will, the UAE Personal Status Courts will assume jurisdiction over the deceased’s estate. The process is subject to judicial procedures, which include the submission of the death certificate, legal heirship documents, and estate inventory. The court will then appoint an estate administrator and distribute the assets according to the statutory rules of intestacy, unless a valid legal request is made to apply the law of the deceased’s home country.
This process is executed by the Courts and can result in:
- Freezing of assets, including real estate and bank accounts, until probate is completed.
- The court administers the estate until the shares are distributed in accordance with the applicable law
- Inheritance distributions that may not align with the deceased’s personal wishes or expectations of surviving family members.
Property Succession Scenarios Under UAE Civil Law
- If the Property is still mortgaged to a Bank
- The mortgage does not disappear upon the owner’s death.
- The bank becomes a creditor in the estate.
- Legal heirs cannot sell, inherit, or take possession of the property until the outstanding debt is settled.
- If no will exists, the court may freeze the property, leaving surviving family members in legal and financial limbo.
- If the Property is rented out
- Rental income becomes part of the estate.
- Without a will, the court appoints an estate administrator to manage rental proceeds.
- Surviving family members cannot access the rental income or even renew tenancy contracts unless appointed as legal guardians or administrators.
- If the Family lives in the Property
- Occupation of the home does not grant automatic ownership.
- Surviving spouse and children must file inheritance proceedings in UAE courts.
- If the property is shared with co-owners or under mortgage, the situation becomes more complex.
- If the Property Is Still Not Handed Over (Off-Plan)
- The property forms part of the deceased’s estate, even if not yet handed over.
- Without a will, the family cannot complete the registration or handover process until the inheritance inventory procedures are finalized and the estate is distributed to the heirs
- Developer communications and ownership transfer become locked in a bureaucratic process unless a court-appointed representative takes charge.
Why every expat property owner in the UAE needs a Will
In the UAE, without a registered will, courts follow default inheritance rules—often disregarding your wishes, your family’s needs, or foreign inheritance laws. Real estate is especially vulnerable due to its high value and legal complexities.
The UAE’s default civil inheritance rules may not reflect the personal or cultural expectations of many foreign nationals, making a registered Will the only way to ensure control over your real estate.
A registered Will ensures:
- Immediate authority for your spouse or chosen heirs to act.
- Protection of rental income and mortgage handling.
- Avoidance of property freezes and forced sales.
- Peace of mind for your loved ones.
Secure Your Legacy—On Your Terms
In the UAE, the law grants every non-Muslim expatriate the right to draft a Will that protects their family, respects their wishes, and ensures their assets are passed on without conflict or delay. Whether you own a mortgaged apartment, a family home, or an off-plan investment, don’t leave your loved ones vulnerable to legal uncertainty. Our experienced legal team is here to guide you through every step—confidentially, professionally, and with full compliance under UAE law.
Book a consultation today and let us help you prepare a legally sound will that gives you peace of mind and gives your family the protection they deserve.
Because your legacy should be your choice—not left to chance.
Contact us today to schedule your confidential will consultation.
