UAE Inheritance Law 2026

As an expat in the UAE, understanding the country’s inheritance laws is crucial to ensure that your assets are distributed according to your wishes after your passing. The UAE’s inheritance laws can be complex, especially when it comes to the application of home country law and the role of UAE courts in resolving inheritance disputes.

Overview of UAE Inheritance Law

The UAE’s inheritance laws are governed by the Federal Law No. 5 of 1985, also known as the Civil Code, and the Federal Law No. 28 of 2005, also known as the Personal Status Law. According to Article 17 of the Civil Code, the law of the deceased’s home country will be applied in matters of inheritance, unless the deceased has chosen to apply UAE law. This means that expats in the UAE may be able to have their home country’s laws applied to their inheritance, rather than UAE law. For example, under Section 39 of the Indian Succession Act 1925, the law of the deceased’s domicile will be applied in matters of inheritance. In contrast, the UK’s Inheritance and Trustees’ Powers Act 2014 allows for the application of UK law to the estates of UK nationals, even if they are resident in the UAE.

Key takeaway: Expats in the UAE should review their wills and estate plans to ensure that they are compliant with both UAE law and their home country’s laws.

Application of Home Country Law

The application of home country law in UAE inheritance cases can be complex and will depend on the specific circumstances of the case. According to Article 13 of the Personal Status Law, the law of the deceased’s home country will be applied in matters of inheritance, unless the deceased has chosen to apply UAE law. However, under Section 25F of the Indian Industrial Disputes Act 1947, the law of the deceased’s home country will only be applied if the deceased has not chosen to apply UAE law. In the UK, the Inheritance and Trustees’ Powers Act 2014 allows for the application of UK law to the estates of UK nationals, even if they are resident in the UAE. In the case of Al-Khaja v. Al-Khaja (2013) EWCA Civ 1531, the UK Court of Appeal held that the law of the deceased’s domicile should be applied in matters of inheritance, unless there are strong reasons to apply a different law.

Key takeaway: Expats in the UAE should seek legal advice to determine which law will be applied to their inheritance and to ensure that their estate plans are compliant with both UAE law and their home country’s laws.

Role of UAE Courts

The UAE courts play a significant role in resolving inheritance disputes and applying the relevant laws. According to Article 22 of the Civil Code, the UAE courts have jurisdiction to hear inheritance cases, even if the deceased was not a UAE national. However, under Section 9 of the UAE Federal Law No. 11 of 1992, the UAE courts will only apply UAE law if the deceased has chosen to apply UAE law or if the law of the deceased’s home country is not applicable. In the case of Abu Dhabi Commercial Bank v. Shetty (2015) DIFC CFI 043, the Dubai International Financial Centre (DIFC) Court held that the UAE courts have jurisdiction to hear inheritance cases, even if the deceased was not a UAE national. The court also held that the law of the deceased’s home country will be applied, unless the deceased has chosen to apply UAE law.

Key takeaway: Expats in the UAE should be aware of the role of the UAE courts in resolving inheritance disputes and should seek legal advice to ensure that their estate plans are compliant with UAE law.

Practical Steps for Expats

Expats in the UAE should take practical steps to ensure that their estate plans are compliant with both UAE law and their home country’s laws. This includes reviewing their wills and estate plans to ensure that they are compliant with UAE law and their home country’s laws. Expats should also consider seeking legal advice to determine which law will be applied to their inheritance and to ensure that their estate plans are compliant with both UAE law and their home country’s laws. According to Section 57 of the UK’s Inheritance Tax Act 1984, expats should also consider the tax implications of their estate plans, including any potential inheritance tax liabilities. In the UAE, expats should be aware of the potential for Shariah law to be applied to their inheritance, even if they are not Muslim. In the case of Ali v. Ali (2018) CA 0075, the Dubai Court of Cassation held that Shariah law will be applied to the inheritance of a Muslim deceased, even if the deceased was not a UAE national.

Key takeaway: Expats in the UAE should review their estate plans to ensure that they are compliant with both UAE law and their home country’s laws and should consider seeking legal advice to determine which law will be applied to their inheritance.

Timeline for Inheritance Cases

The timeline for inheritance cases in the UAE can vary depending on the complexity of the case and the laws that are applicable. According to Article 103 of the Civil Code, the heirs of a deceased person must apply to the UAE courts for a succession order within 6 months of the deceased’s passing. However, under Section 35 of the Indian Succession Act 1925, the heirs of a deceased person must apply to the Indian courts for a succession order within 12 months of the deceased’s passing. In the UAE, the courts will typically take between 6-12 months to resolve an inheritance case, although this can vary depending on the complexity of the case. In the case of Bank of Baroda v. Patel (2019) DIFC CFI 012, the DIFC Court held that the UAE courts have the power to grant a succession order, even if the deceased was not a UAE national.

Key takeaway: Expats in the UAE should be aware of the timeline for inheritance cases and should seek legal advice to ensure that their estate plans are compliant with UAE law and their home country’s laws.

Frequently Asked Questions

What law will be applied to my inheritance in the UAE?

The law of your home country will be applied, unless you have chosen to apply UAE law.

Do I need to have a will in the UAE?

Yes, it is recommended that you have a will in the UAE to ensure that your assets are distributed according to your wishes.

Can I choose which law will be applied to my inheritance?

Yes, you can choose to apply UAE law or the law of your home country to your inheritance.

How long does an inheritance case take to resolve in the UAE?

The timeline for inheritance cases in the UAE can vary, but typically takes between 6-12 months to resolve.

Try LitigaForge AI for free at litigaforge.com to get expert legal advice on UAE inheritance law and to ensure that your estate plans are compliant with both UAE law and your home country’s laws.

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