Short answer. Dubai law governs Dubai real property regardless of your nationality or where your will was written. Your home-country will does not automatically transfer a DLD title deed. Since February 2023 non-Muslims have testamentary freedom, with a default of half to the spouse and the remainder to children. A registered DIFC will avoids months of court process.
This is the question foreign buyers are most often wrong about, and getting it wrong costs their families more than any fee in this document.
The rule that catches everyone. Dubai Law No. 15 of 2017, Article 4, states that where an estate or will relates to real property located in the Emirate, the legislation in force in the Emirate applies. This is a classic situs rule. Your English will, your Indian will, your Canadian will does not automatically govern your Dubai apartment, and a foreign grant of probate does not transfer a DLD title deed.
The good news, and it is recent. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, in force since 1 February 2023, gives non-Muslims testamentary freedom over UAE assets. On intestacy the civil default is half to the surviving spouse and the remainder equally among the children. Foreign heirs may apply the deceased’s home-country inheritance law unless a registered will provides otherwise.
So the old fear, that Sharia forced heirship would automatically carve up an expat’s Dubai apartment, is no longer the default position for non-Muslims. Sharia remains the residual default where no other regime applies, including for Muslim owners.
What actually hurts people is not Sharia. It is the freeze.
Die without a UAE-registered will and the estate goes through Dubai Courts. The title is frozen pending a succession order. Your heirs must obtain UAE recognition of their status, which means foreign documents legalised, attested by the Ministry of Foreign Affairs, and translated into Arabic. This runs for many months.
Meanwhile the service charges keep accruing. The mortgage instalments keep falling due. The tenancy obligations continue. All against an asset nobody can sell, refinance or access. That delay, not the distribution, is the loss most foreign owners actually suffer.
A mortgaged property is worse. The bank’s security survives your death and lenders typically require the loan settled or refinanced. Life cover assigned to the mortgage is usually mandatory. Check it is actually in force and check where it pays out to, because cover that pays the bank and leaves the estate frozen has solved the bank’s problem and not your family’s.
The DIFC Wills route. The DIFC Courts maintain a register for non-Muslim wills under Law No. 15 of 2017, Article 6. Per the DIFC Courts’ own criteria you must not be Muslim and must never have been Muslim, be 18 or over, and own assets in the UAE or have minor children residing with you in the UAE. A registered will nominates an executor, states the disposition and is witnessed. Jurisdiction over disputes then sits with the DIFC Courts rather than Dubai Courts, depending on where the will was registered.
What I tell every client, including ones buying a single studio. Deal with your UAE succession position at the point of purchase, not later. The cost of getting it right is a small fraction of the DLD fee you are already paying, and it replaces an uncertain multi-month process in Dubai Courts with a registered instrument and a named executor. A DIFC probate is still a court process with its own timeline and fees, so this shortens and clarifies the road rather than removing it. I have watched families go through the unplanned version and it is the most avoidable bad outcome in this entire market.
I am a real estate broker, not a lawyer, and none of the above is legal advice. Succession is the highest-consequence decision in this document and it turns on facts specific to you: your religion, your nationality, your marital status, where else you hold assets and what other wills exist. Take it to a UAE-qualified lawyer.
One caveat worth flagging: Federal Decree-Law No. 25 of 2025, the new UAE Civil Transactions Law, took effect on 1 June 2026 and wholly replaced the 1985 Civil Code. Article numbers in older commentary on capacity and succession are now stale. Use a UAE lawyer who is working from the current text.
Key facts
- Dubai Law No. 15 of 2017, Article 4: Dubai legislation governs real property located in the Emirate
- A foreign will and foreign probate do not automatically transfer a DLD title deed
- Federal Decree-Law No. 41 of 2022, in force 1 February 2023, gives non-Muslims testamentary freedom
- Civil intestacy default: half to surviving spouse, remainder equally among children
- Without a UAE-registered will the title is frozen pending a Dubai Courts succession order, often for months
- DIFC Wills Service: open to non-Muslims aged 18 or over who own UAE assets or have minor children residing with them in the UAE
- Federal Decree-Law No. 25 of 2025 replaced the 1985 Civil Code with effect from 1 June 2026
Sources: Dubai Legislation Portal, Law No. 15 of 2017 · DIFC Courts Wills FAQ