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Can i leave the property as inheritance without a Will?

The United Arab Emirates is a top destination for international property investors – but what happens if the owner dies without a will?

 

Many expats assume their assets will automatically go to family members, but the reality is different. Forced succession laws may result in inheritance being distributed in ways that don’t reflect the deceased’s wishes.

 

This article explains what UAE law says and the risks of not planning your real estate succession.

 

Forced Succession: What the Law Says

 

In the UAE, if someone dies without a will registered with a local court, their estate is distributed under Sharia law:

  1. Heirs cannot decide how to divide the estate → The law assigns fixed shares
  2. Spouse may receive only a small portion → For example, the wife receives 1/8 if children exist
  3. Daughters receive half as much as sons → Asset division follows fixed Islamic shares
  4. Foreign investors are not exempt → Even non-Muslims may have Sharia applied if no will is registered

Example:

A French expat owns a villa in Dubai and an apartment in Abu Dhabi but dies intestate. His wife and children expect to inherit – but discover the distribution follows Islamic rules:

  • Wife receives only 1/8 of the villa
  • The rest goes to children—or to other relatives if there are no male heirs
  • If no direct heirs exist, the property may go to the State

 

What If a Property Is Not Mentioned in the Will?

 

Many owners make the mistake of not updating their will after acquiring new assets. If a property is not listed in a traditional will, it may be subject to forced succession.

 

Best solution? A comprehensive will, which automatically includes all assets held at the time of death—without needing constant updates.

  • No need to list individual properties
  • No need to revise the will with every purchase
  • Heirs receive the full estate without legal issues

Example: A British investor registers a UAE will but buys a second apartment the following year. If the will is not updated, that property may fall under Sharia law. A comprehensive will would automatically cover it.

 

Risks of Dying Without a Will

 

Failing to register a will may result in:

  1. Asset freeze → Banks and land departments block access until succession is resolved
  2. Delays and bureaucracy → Succession can take months or years
  3. Excluded heirs → Close family may receive nothing
  4. Asset loss → If no heirs exist, the estate may go to the State

Extreme case: A German investor dies in Dubai with no will or direct heirs. After legal efforts fail, the apartment is acquired by the State. Had a will existed, the property could have gone to a friend, charity, or distant relative.

 

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