Intestate Succession in Dubai: What Happens Without a Will

Understanding the Legal Framework: Which Law Applies?

Intestate succession in Dubai is not governed by a single, universal law. Instead, the applicable law is determined primarily by the religion and nationality of the deceased. This is a crucial first point of understanding for any estate matter in the UAE.

For Muslims, regardless of nationality, the default law is Sharia (Islamic Law) as codified in UAE Federal Law No. 28 of 2005 on Personal Status. This law provides a precise mathematical formula for distributing an estate among prescribed heirs, including spouses, children, parents, and siblings. The shares are fixed and leave no room for deviation based on personal relationships or needs outside the framework.

For non-Muslims, the legal landscape has evolved. Historically, Sharia law was also applied to non-Muslims in matters of inheritance if no will was present. However, recent reforms, particularly in emirates like Abu Dhabi and the Dubai International Financial Centre (DIFC), have created alternative pathways. In the DIFC, for example, the DIFC Wills and Probate Registry operates a legal system based on common law principles for registered assets. For assets outside these jurisdictions, the application of law can be complex and may default to the deceased’s home country law under certain conflict-of-law principles, though this often requires a court ruling.

Navigating this initial determination is the first major hurdle in an intestate case. Confusion here can invalidate subsequent steps.

How Vesta Solutions Can Help: Our team of legal experts can provide immediate clarity on which legal framework applies to your specific situation. We analyze nationality, religion, asset types, and locations to give you a definitive roadmap, preventing costly missteps at the very beginning of the process.

Distribution of Assets Under Sharia Law (For Muslims)

When a Muslim dies intestate in the UAE, Sharia law dictates a mandatory distribution scheme. The estate is divided after deducting funeral expenses, debts, and any proven legacies (up to one-third of the estate, which can be willed freely). The remaining two-thirds (or the entirety if no will exists) is distributed among the “Quranic heirs.”

The system prioritizes a hierarchy of heirs. Generally, the closer the blood relation, the stronger the claim. It’s important to note that under traditional Sunni interpretation followed in the UAE:

• Male heirs typically receive a share equal to that of two females (e.g., a son receives twice the share of a daughter).
• Spouses are guaranteed a share, but not the entire estate. A surviving wife receives one-eighth if there are children, or one-fourth if there are no children. A surviving husband receives one-fourth or one-half under the same conditions.
• Children are primary heirs. Sons and daughters both inherit, but with the 2:1 ratio.
• Parents inherit if the deceased has no direct descendants.
• Full siblings may inherit if there are no parents, children, or grandchildren.

This fixed system means that close friends, unmarried partners, step-children who are not legally adopted, and charitable causes not provided for in a will cannot inherit. For a business owner, this could mean a business partner with no family relation receives nothing, potentially jeopardizing the company’s continuity.

Distribution for Non-Muslims Without a Will: A Complex Web

The situation for non-Muslims is markedly more complex and uncertain. As mentioned, the default application has been Sharia law. However, other laws can potentially apply:

• Law of Nationality: In some cases, UAE courts may apply the inheritance laws of the deceased’s home country. This requires formal proof of that foreign law, often through a certified legal translation and an expert statement from the country’s embassy or a legal expert.
• DIFC & Abu Dhabi Non-Muslim Wills Regimes: These jurisdictions allow non-Muslims to register wills that govern specific assets. However, dying intestate with assets in these jurisdictions does not automatically trigger their rules. The asset may still fall into a general intestacy process.

In practice, without a registered will, non-Muslim families often face a protracted legal battle to have foreign law applied. The court process involves submitting extensive documentation, and there is no guarantee of the outcome. This creates immense stress and financial burden for grieving families.

Furthermore, for expatriates, assets held in their home country are usually distributed according to that country’s intestacy laws, which may differ significantly from UAE rules, leading to a fragmented and inconsistent global distribution.

How Vesta Solutions Can Help: We assist non-Muslim families in navigating the petition process to apply foreign inheritance law in UAE courts. Our comprehensive legal services include document procurement, translation, attestation, and expert court representation to advocate for your preferred legal outcome.

The Intestate Succession Process: Step-by-Step

Navigating intestate succession is an administrative and legal marathon. Here is a typical step-by-step guide for heirs in Dubai.

Step 1: Obtain the Death Certificate

The process begins with obtaining an official death certificate from the Dubai Health Authority (DHA) or relevant health authority. This document is required for all subsequent steps.

Step 2: File for Succession Certificate or Grant of Probate (Letters of Administration)

Heirs must petition the Dubai Courts (or relevant local court) for a legal document that grants them authority over the estate. For Muslims under Sharia, this is often a “Succession Certificate” issued by the Sharia Court. For non-Muslims seeking to apply foreign law, the process involves filing for “Letters of Administration” or a similar order from the Civil Court. This step requires:

• Application forms.
• Original death certificate.
• Passports and UAE IDs of the deceased and all heirs.
• Proof of relationship (marriage certificates, birth certificates, family books).
• For foreign law application: legally attested and translated copies of the relevant foreign inheritance statutes.

Step 3: Asset Identification and Valuation

The court or appointed executor will identify all UAE-based assets: bank accounts, real estate, vehicles, company shares, and personal property. Official valuation reports may be required, especially for real estate. For a reliable property valuation report in Dubai, working with an approved valuation company is essential.

Step 4: Settlement of Debts and Liabilities

Before distribution, all valid debts, loans, and liabilities of the deceased must be settled from the estate. This includes outstanding mortgages, personal loans, and any business debts for which the deceased was personally liable.

Step 5: Court-Approved Distribution

Once debts are cleared, the court will issue a final order directing the distribution of the net estate according to the applicable law (Sharia or the proven foreign law). This order is presented to banks, the Land Department, and other asset holders to facilitate the transfer.

How Vesta Solutions Can Help: We manage the entire succession process on your behalf. From obtaining the initial death certificate and filing complex court petitions to liaising with banks and the Land Department, our PRO services and legal teams ensure every procedural box is checked efficiently and correctly.

Comparison: Muslim vs. Non-Muslim Intestate Succession Pathways

Risks and Challenges of Dying Intestate in Dubai

Choosing not to create a will exposes your estate and family to numerous risks:

• Loss of Control: You have zero say in who inherits your assets, your business, or who becomes the guardian of minor children.
• Family Disputes: Intestacy is a leading cause of inheritance conflicts among family members, potentially causing lasting rifts.
• Financial Inefficiency: The court process is expensive, involving court fees, translation costs, legal fees, and potential loss of asset value during the freeze.
• Business Disruption: Company shares may be distributed to heirs unfamiliar with or disinterested in the business, leading to operational paralysis or forced sale.
• Guardianship Uncertainty: For expatriates with minor children in the UAE, the court will appoint a guardian, which may not be your preferred choice.

Case Study: The Unprepared Expatriate Entrepreneur