Wills in the UAE: What happens to Dubai property if you don't make one?

Buying real estate in the UAE is not only an investment but also a legal liability. Many owners of apartments and villas in Dubai don't consider what happens to their assets upon their death. In practice, most foreign investors assume that the property will automatically pass to their spouse or children. In reality, things are much more complicated. If a will isn't drawn up, assets may be temporarily frozen, and property distribution will be determined by local law, possibly including Sharia law. This means court proceedings, travel expenses for relatives, additional legal fees, and the risk of property distribution not being as planned during their lifetime.

In this article, we will discuss:

• What happens to real estate and bank accounts without a will;
• What will formats are available in the UAE;
• How to choose a jurisdiction and how to properly execute the document.

What happens to real estate in the UAE without a will?

If a property owner dies without a will, bank accounts are frozen until the probate process is completed, and the property cannot be sold, transferred, or used. The heirs must initiate legal proceedings in the UAE.

The court determines the heirs and their shares in accordance with applicable law. For non-Muslims, their national laws may apply, but in practice, the process becomes significantly more complicated without a will. In some cases, Sharia law may affect the distribution of shares. This leads to lengthy legal proceedings, attorney fees, the need for relatives to be present in person, and the risk of assets being frozen for months.

There are several options for making a will in the UAE for foreign property owners.

1) Will through the Dubai Courts: This is made through a local court.

This option is suitable for Dubai asset owners who want to formalize the distribution of property within the emirate's judicial system. The document is drawn up and registered, followed by notarization.

2) Wills through the DIFC: Registration is possible through the probate registry within the DIFC financial zone.

Advantages:

• Common law system;
• Highly predictable procedure;
• English-language process.

Often used to protect real estate, bank accounts, and corporate assets.

3) Online Wills in Abu Dhabi: Can be executed remotely through the Abu Dhabi court system.

Suitable for those who want to complete the procedure remotely and streamline the process without a personal visit.

How to choose the right jurisdiction?

The choice depends on:

• Asset location (Dubai only or multiple emirates);
• Nationality of the owner;
• Presence of corporate structures;
• Family composition;
• Tax model; Banking risks.

An incorrect format may result in the will being difficult to implement or delayed.

The registration process is as follows:

Stage 1. Initial Contact: Discussions include: Citizenship; assets in the UAE and abroad; family composition; and property distribution objectives.

The format is determined: Dubai Court, DIFC, or online registration in Abu Dhabi.

Stage 2. Jurisdiction Determination: The following are agreed upon: applicable law; document language; territory of validity; fees and registration charges.

Stage 3. Text Preparation: The document specifies: assets; heirs and shares; executor; guardians for minors; and special conditions.

Stage 4. Submission to Court: The document is uploaded to the electronic system of the selected jurisdiction for notarization.

Stage 5. Online Confirmation: A video session with a notary is held: identity verification; confirmation of voluntariness; final approval.

Stage 6. Registration: Once confirmed, the will becomes legally binding. An electronic copy is sent to the owner, and the original is kept in the court registry.

Common mistakes owners make: Postponing the process, using template documents without regard to jurisdiction, failing to appoint an executor, ignoring bank requirements, and failing to align the will with the corporate structure.

In the UAE, inheritance law is closely tied to banking compliance, ownership structure, and registration data. A mistake at the planning stage can create serious difficulties for a family.

How to properly protect real estate in the UAE?

The right strategy includes:

• asset analysis;
• selecting the optimal jurisdiction;
• coordinating with banks;
• aligning with the corporate structure;
• preparing a complete set of documents.

A responsible approach helps avoid blocked accounts, litigation, and protracted proceedings.

We support clients through all stages of will preparation in the UAE and build a structure so that assets truly protect the family rather than create legal complications. Responsible choice of format and correct registration is not a formality, but a means of protecting capital. If you already own property in Dubai or are planning to purchase one, you It's important to determine your succession planning strategy in advance.

Contact us, and we'll conduct an initial consultation to assess your situation and potential risks.

Diana Gulevskaya

Head of Office in UAE
Antwort Law