Inheriting property after the loss of a loved one should be a moment of support and respect. But in real life, this is not always the case. Smooth transition often turns into confusion, legal complications, or even family disputes. Why? Because it isn’t always simple. In different nationalities, religious laws, unregistered wills, or joint ownership of property, and things can get complicated very quickly.
The UAE is home to people from all around the world. It comes with a mix of cultures, legal traditions, and personal beliefs about what should happen to property after someone passes away. Without proper legal documentation or support, these cases can take months, sometimes years, to resolve. In the worst cases, relationships get damaged. Families split apart over disagreements.
In this blog, we’ll talk about the most critical disputes that almost always require a mandatory inheritance lawyer. Whether you’re a long-term resident, a new expat, or even a business owner with assets, it’s important to understand how these disputes can arise and what steps you can take to avoid them.
Why Inheritance Issues Are Complex?
The UAE follows Sharia law for these matters. However, non-Muslims and expatriates can now register a will under their home country’s legal system. While this offers some flexibility, the dual legal system can still create confusion and disputes.
Here’s why legal backup is essential:
- Multiple legal systems: Sharia law vs. home country laws.
- Complex property types: Joint ownership, offshore properties, businesses.
- Family dynamics: Families with stepchildren, multiple marriages, and separated relatives.
- Lack of documentation: Many expats never register a will in the UAE.
Let’s break down the most common disputes that demand legal intervention.
1. Disputes Over the Validity of the Will
One of the most frequent issues is disagreement over the validity of the deceased’s will. This can happen if:
- The will is not registered.
- There are multiple wills from different countries.
- The will is handwritten or poorly drafted.
- Heirs claim the deceased was under pressure or mentally unfit when signing the will.
A lawyer can help verify the will’s authenticity. They ensure it’s legally binding under Dubai law and represent parties in court if problems arise. Without legal clarity, the estate may be distributed under default Sharia law.
2. Conflicts in Joint Property Ownership
Many expats buy property jointly with spouses, business partners, or family members. When one party passes away, the ownership rights can become complicated if no clear succession plan was set.
Problems arise when:
- There’s no joint ownership agreement.
- The surviving party claims full ownership.
- Other heirs challenge the claim.
Having a legal backup is important to understand who owns what in shared property. It makes sure the property is given to the right person using the correct legal papers.
3. Disputes Involving Multiple Heirs
In families with many children or multiple marriages, disputes over shares in property can become heated. Under Sharia law, the division of assets is predetermined. This may not match the expectations of family members.
For example:
- Sons typically inherit more than daughters.
- Spouses receive a fixed share.
- Children from different marriages may clash.
If the deceased didn’t leave a registered will specifying their wishes, it becomes vital to take professional help in ensuring a fair division and avoiding lengthy court battles.
4. Business and Commercial Property Inheritance
Business assets can be the most complex part of the inheritance. Many families run businesses or own shares in companies. When a business owner dies, issues such as ownership transfer, shareholder rights, and company debts can trigger major conflicts.
Problems include:
- No succession plan for the business.
- Conflicts between heirs and business partners.
- Disagreements over company valuation or management rights.
This type of case always requires expert legal help, as it involves not just family law but also commercial and corporate law.
5. Property Located Outside UAE
When a person owns properties in different countries, the laws can clash. What’s valid in the UAE may not be accepted in another country. This creates issues such as:
- Jurisdiction conflicts.
- Legal translation and notarization problems.
- Delays in property transfers.
Lawyers with cross-border experience are crucial in these cases. They can coordinate between jurisdictions. They ensure assets are passed on legally and smoothly.
6. Disputes Between Expats and Local Heirs
An expat might leave their property to relatives who live in another country. But if the will isn’t officially registered in the UAE, local family members could go to court and try to claim the property under Sharia law.
These disputes can include:
- Local relatives are claiming shares based on the law.
- Delays in estate distribution due to a lack of clarity.
- Confiscation or freezing of assets.
Legal professionals can protect expat’s rights and help enforce international wills within their legal system.
7. Lack of a Registered Will
Surprisingly, many residents don’t register a will at all. In such cases, the court distributes property based on Sharia law, regardless of the deceased’s wishes.
Without a will, issues can arise like:
- Distant relatives claiming shares.
- Minor children’s inheritance is being placed under guardianship.
- Surviving spouses are receiving smaller portions than expected.
These cases often go to court, and a lawyer is needed to guide the family and make sure dependents, like children, are taken care of.
8. Guardianship and Inheritance of Minor Children
In cases where both parents pass away, guardianship of minor children and their inherited assets can be a contentious issue.
Common problems include:
- Disputes over who should be the child’s legal guardian.
- Concerns about managing the child’s inheritance.
- Conflicts between extended family members.
A lawyer can petition the court to appoint a suitable guardian and set up a trust or protection system for the minor’s inheritance.
What You Can Do to Prevent Inheritance Disputes
Here are some steps you can take:
- Draft and register a will and ensure the UAE Courts or DIFC Wills Centre recognizes it.
- List all your assets clearly, including properties, bank accounts, and shares.
- Make sure your will covers international holdings.
- Update your documents regularly, especially after marriage, divorce, or buying property.
- Appoint executors and guardians wisely and make sure they are willing and capable.
- Make your wishes known to avoid surprises later.
Secure Your Property and Legacy with Expert Legal Guidance!
Property issues can be emotional, complicated, and costly, especially if there are no clear legal documents in place. From unclear wills and joint property disputes to conflicts among heirs or complexities with business assets, the risks are real. Most of these problems are preventable. All it takes is the right legal guidance, proper documentation, and a trusted expert who understands the system.
Meet Diana Hamade, one of the leading property Inheritance lawyer in UAE. With years of experience handling complex cases for both expats and locals, she is known for her clear advice, deep legal knowledge, and her commitment to protecting your legacy.
Book a consultation with Diana Hamade and get the peace of mind you and your family deserve!