When it comes to family wealth, few things carry more emotional and financial value than ancestral property. These properties are passed down through generations. They are not just real estate. They’re symbols of family history, legacy, and continuity. But what happens to that legacy when someone passes away in the UAE? Who inherits the property? What if there’s no will? And how does the law treat different religions, nationalities, or family structures?
Whether you’re a local citizen or an expat trying to understand what happens to a parent’s property after their passing, the rules can be confusing without proper guidance. Misunderstandings often arise around how it is divided, what rights each family member holds if a will isn’t in place. Consulting a property inheritance lawyer can help clarify your legal standing, ensure the correct procedures are followed, and prevent costly disputes among heirs.
In this blog, we’ll walk you through everything you need to know about ancestral property in the UAE. We’ll explain the legal concepts in simple language, cover both Muslim and non-Muslim cases, and show you how to ensure your family’s legacy is protected for the next generation.
Understanding Ancestral Property
It typically refers to real estate or land passed down from previous generations. Federal laws govern all ownership and inheritance matters. If the property is located within the UAE, the country’s legal system will have jurisdiction over how it’s inherited, even if the original owner or heirs are from another country.
Dual Legal System: Sharia Law vs Civil Law
It applies a dual system for inheritance:
- For Muslims: Islamic Sharia law applies by default. This means shares are fixed and based on family relationships. Typically, a son gets twice as much as a daughter. Parents, siblings, and spouses may all be eligible to receive a share of the estate.
- For Non-Muslims: Non-Muslim foreigners may choose to follow their native nation’s laws. However, this is only possible if they have a registered will stating this preference. Otherwise, Islamic Sharia law will still apply by default.
What Happens If There Is No Will?
If someone passes away without a valid will, the process will follow default legal procedures:
For Muslims:
The estate is divided according to Islamic law. This includes:
- Immediate debts and funeral expenses are being paid first.
- Remaining assets are divided among legal heirs in specific shares.
For Non-Muslims:
The courts will also apply Sharia law in the absence of a will. This can create unintended outcomes, primarily if the deceased intended to leave property to a spouse, unmarried partner, or children in different proportions. This is why legal experts strongly advise non-Muslim expatriates to create and register a will.
The Role of a Registered Will
A valid, registered will is the most effective way to ensure ancestral property is distributed according to the wishes of the deceased.
- DIFC Wills and Probate Registry (Dubai International Financial Centre): Available for non-Muslims. It enables the person to divide their assets according to the laws of their choice.
- ADJD (Abu Dhabi Judicial Department): Permits non-Muslims to register wills that are applicable across the UAE. This is often seen as more affordable and straightforward.
With a properly registered will, your property can be passed to any individual you choose, whether or not they are a legal heir under Sharia law.
The Legal Process of Inheriting Property
- Asset Freeze: When a person dies, their bank accounts, vehicles, and even jointly owned property can be frozen. This is to prevent unauthorized use or sale until legal matters are resolved.
- Court Filing: Heirs or a representative need to file a case with the local court to begin the process. They will need the death certificate, passport copies, proof of ownership, and a will.
- Court Review: The court examines the documents and determines how assets should be distributed. If a will exists, the court ensures it meets legal requirements and carries out probate. If not, the court follows Sharia law.
- Inheritance Certificate Issued: This legal document outlines who inherits what portion of the estate.
- Transfer of Ownership: The heirs can use the certificate to transfer property titles, access bank accounts, and take control of other assets.
Inheriting Property as an Expatriate
For non-Muslim expatriates, inheriting without a will can be complicated. In most cases, the estate will be subject to Sharia law, even if this is not the wish of the deceased. This could result in assets being split among family members in ways that might not reflect their personal or cultural traditions. That’s why having a UAE-based will is crucial. It gives clarity to the heirs and prevents lengthy legal disputes.
Moreover, even if the heir lives abroad, they can inherit property. However, they will need to go through local legal procedures, which include court visits, translations, and possible representation by a local lawyer or power of attorney.
Can You Gift Ancestral Property Before Death?
Yes, owners can gift property to heirs before death. This is sometimes used as a strategy to bypass complications with the law. However, the process must be formalized legally and may involve paying fees or taxes. Once gifted, the property is legally transferred and not considered part of the estate during inheritance.
Common Mistakes to Avoid
- Not drafting a will at all: This is the most common mistake that leads to delays, disputes, and unexpected outcomes.
- Assuming foreign wills apply: A will made in your home country may not automatically be accepted unless it is legalized, translated, and registered.
- Ignoring property held in joint names: Even jointly held property can be frozen and distributed based on the laws. A will clarifies who gets full ownership.
- Waiting too long: It’s best to prepare your will while you’re healthy and able to consult legal experts.
Your Legacy Deserves Legal Clarity and a Smart Strategy!
Understanding the country’s inheritance laws and registering a will can save your loved ones a great deal of time, stress, and legal fees. It can turn a potentially complex journey into a smooth and secure transition for your family.
If you’re looking for expert advice and personal guidance, Diana Hamade is one of the most trusted inheritance lawyers in the UAE. With years of experience, a deep understanding of both Sharia and civil law, and a client-focused approach, she is the go-to expert for individuals and families seeking peace of mind.
Contact Diana Hamade today and take the first smart step toward future-proofing your estate!