The term “probate” might sound complex or intimidating, especially to those unfamiliar with legal jargon. However, probate plays a crucial role in ensuring that a deceased person’s assets are rightfully distributed. In the UAE, this process carries even more significance due to its multicultural population and the coexistence of Sharia law and civil frameworks for expatriates.
According to World Bank data, expatriates make up nearly 88% of the UAE’s population, which means inheritance and probate often involve cross-border considerations. Whether you are an expat or a UAE national, understanding the probate process can save your family significant time, money, and emotional stress during an already difficult period.
Probate is the legal process of validating a will, identifying the deceased’s assets, paying off debts and taxes, and distributing the remaining estate to rightful heirs. The courts oversee this process, and the applicable law depends on the religion and nationality of the deceased:
• Muslims: Inheritance is automatically governed by Sharia law, regardless of any will.
• Non-Muslims: They may apply the inheritance laws of their home country through a properly registered will (e.g., with the DIFC Wills and Probate Registry or Abu Dhabi Civil Family Court).
Because of the dual system, probate lawyers in UAE are essential to ensure the process complies with both local and international laws.
Inheritance laws for Muslims follow mandatory Sharia principles:
• Sons typically inherit twice the share of daughters.
• Parents, spouses, and siblings have fixed entitlements.
• A will cannot override these fixed shares.
Here, probate lawyers ensure the estate is divided strictly as per Sharia law, leaving no room for modification.
Non-Muslims enjoy greater flexibility:
• They can register wills under the DIFC Wills and Probate Registry or Abu Dhabi Civil Court.
• This allows them to apply the inheritance laws of their home country.
• Without a registered will, Sharia law is applied by default.
A 2022 survey by PwC revealed that more than 70% of expatriates in the UAE lack a registered will, meaning many estates unintentionally fall under Sharia law.
This highlights why drafting and registering a will in the UAE is not just advisable—it’s essential.
1. Obtain a Death Certificate – The official document to begin legal proceedings.
2. Verify Will Validity – The will must be submitted to the relevant court (Sharia court, civil court, or DIFC).
3. Court Issues Probate Order – Grants authority to the executor to manage the estate.
4. Inventory of Assets – Includes real estate, vehicles, bank accounts, and investments.
5. Debt Settlement – Loans, taxes, or unpaid obligations must be cleared.
6. Distribution of Assets – Remaining estate is distributed according to Sharia law or the valid will.
Probate lawyers ensure every step complies with the UAE legal framework, helping avoid delays and disputes—common issues in inheritance cases.
Navigating probate in the UAE can be overwhelming without professional help. Here’s why:
• Expertise in Dual Legal Systems – Skilled in both Sharia and civil laws.
• Document Collection & Court Filings – Ensures compliance with strict procedural requirements.
• Debt & Asset Management – Proper inventory and settlement of liabilities.
• Avoiding Heir Disputes – Legal mediation reduces conflicts within families.
• Protecting Expatriates – Prevents estates from unintentionally defaulting to Sharia law.
A trusted probate lawyer acts as a legal safeguard, ensuring that wishes are respected, assets are protected, and the process is expedited.
The probate process in the UAE is not just about distributing assets—it’s about protecting families, honoring the deceased’s wishes, and maintaining legal order.
• For Muslims: Understanding Sharia inheritance rules helps avoid misunderstandings.
• For Non-Muslims: Registering a will with DIFC or Abu Dhabi Civil Court provides flexibility.
Pro Tip: Drafting a will in the UAE can reduce probate disputes by over 60%, according to regional legal case studies.
Don’t leave your family vulnerable to lengthy court procedures or disputes. Consult experienced probate lawyers in the UAE today to ensure your estate is handled with dignity, legality, and peace of mind.
At UAE Lawyers, we are more than just a legal practice - we are a team of dedicated professionals driven by the core values of justice, integrity, and compassion.