UAE expats without a will: What happens to your money, property and family?

Dubai: An Abu Dhabi expat knew he was running out of time. Diagnosed with terminal cancer, he had approached lawyers to prepare a will, hoping to protect his family's future. But he died before it could be finalised.

His wife was left grieving and facing unexpected legal complications. A property sale was disrupted, and settling his estate required the involvement of relatives in the UK, including his elderly and unwell parents.

His case highlights a risk many UAE expats overlook - without a registered will, even straightforward matters such as selling a family home or settling an inheritance can become complicated.

And he is far from alone. A recent YouGov survey found that nearly half (49 per cent) of UAE expats have yet to start a will, while 56 per cent believe their assets would automatically pass to their spouse or partner.

"It was a stark reminder of how quickly circumstances can change, even when someone has already taken steps to put their affairs in order. Had the will been completed and registered in time, it could have provided clear instructions for the distribution of his assets and potentially reduced some of the uncertainty, delay and administrative burden facing his wife,” said Samara Iqbal, founder at Aramas International Lawyers, who recounted the case to Gulf News.

"I think the biggest misconception is that marriage automatically takes care of everything. People assume their spouse will inherit all their assets, have immediate access to their finances and be able to continue managing everything as before," according to Anton Pirinen, founder of Blanket, an online estate planning platform.

However, where the UAE's default civil inheritance rules apply to non-Muslim expats, the estate is distributed according to a prescribed formula.

“If the deceased leaves behind a spouse and children, half of the estate goes to the surviving husband or wife, while the remaining half is divided equally among the children, regardless of gender.”

If there are no children, parents or siblings may also be entitled to inherit, depending on the circumstances. "So, in short, not everything automatically goes to your husband or wife," Pirinen explained.

Another important consideration is that any inheritance allocated to children legally belongs to them. This means the surviving spouse cannot necessarily access or use those assets as they wish, even when the money is needed for family expenses. "This can create financial complications, particularly when the estate includes the family home, savings or a business," Pirinen said.

For families dealing with the death of a loved one, accessing money to cover everyday expenses can become an immediate concern.

"Bank accounts and other assets may be subject to restrictions while the estate is administered, and being married doesn't automatically give someone immediate access to their late spouse's finances. Even where inheritance rights are clear, the legal process can take time," Pirinen said.

This can create difficulties for families who depend on those funds to cover mortgage payments, rent, school fees and other household expenses.

"Being married doesn't mean you can immediately withdraw funds from your late spouse's bank account. There are legal procedures to follow, and that is something families need to understand before they find themselves in that situation," he added.

Property transactions may also become more complicated if ownership needs to be transferred or an inheritance process must be completed before a sale can proceed.

The YouGov study, commissioned by Blanket and conducted among 1,014 UAE expat residents in September 2026, found that only 24 per cent of parents with children under 18 had formally documented guardianship arrangements. Yet 73 per cent believed their families could find their wishes concerning their children or dependants.

"Discussing who you would want to care for your children is important, but a conversation alone isn't the same as putting appropriate legal arrangements in place," Pirinen said.

Without formal guardianship arrangements, families may face additional legal complications, particularly if both parents die. Courts may need to determine who should care for the children, depending on the applicable laws and family circumstances.

Having a will does not necessarily prevent complications, particularly when an expat owns assets in multiple countries. Saim Khan, Senior Associate at BSA Law, recalled a case involving a client who had registered a will through the DIFC covering his assets in the UAE and France.

He subsequently prepared another will in France covering his properties there. However, the two documents contained conflicting instructions about how the assets should be distributed.

"The two wills contradicted each other on how the assets were to be divided among his heirs. The inconsistency was raised before both the French courts and the DIFC Courts. It was held that the later will, the French one, would prevail," Khan explained.

Resolving the conflict delayed the distribution of the inheritance, leaving the beneficiaries facing financial difficulties while awaiting the necessary probate order. "Until the probate order was obtained, they faced considerable financial hardship and inconvenience."

According to Khan, the case demonstrates why expats with assets in multiple countries should ensure their wills are carefully coordinated.

"The lesson is that wills made in different jurisdictions must be drafted together. Each should be clearly limited to the assets in its own jurisdiction, and the later will should not revoke the earlier one by accident."

For expats who have been putting off preparing a will, the process begins with identifying their assets and deciding how they want their estate to be distributed.

According to Iqbal, the simplest approach is to consult a UAE succession-planning lawyer who can recommend an appropriate registration authority based on the individual's circumstances. Inheritance rights and registration options can vary, expats should obtain advice based on their religion, nationality, family circumstances and the location of their assets.

The general process involves:

Depending on the authority, registration may involve an online process or an appointment.

Several registration options are available in the UAE, each with different eligibility requirements, fees and procedures.

1. Abu Dhabi Judicial Department (ADJD)

The Civil Wills Office accepts non-UAE citizens regardless of religion, offering an onshore civil-will registration route.

2. DIFC Courts Wills Service

This English-language service is available to eligible non-Muslims and operates under its own wills and probate framework.

Other will categories have different fees.

3. Dubai Courts

Dubai Courts provides an onshore registration option for non-Muslim wills, with Arabic documentation requirements.

Applicants should check directly with Dubai Courts for the applicable registration fees and any additional charges.

4. ADGM Courts Notary Public and Wills Office

This provides a notarisation route for wills requiring certified Arabic-English documentation.

ADGM does not operate its own probate service. Probate applications are handled through ADJD.

These fees were provided by the legal experts and should be confirmed with the relevant authorities before applying. Legal drafting, translation and subsequent estate-administration expenses may also be charged separately.

Despite owning homes, businesses and other assets in the UAE, many expatriates have yet to make formal inheritance arrangements. The YouGov survey found that 28 per cent of respondents without a finalised will believed they did not have enough assets to need one. Another 21 per cent simply did not know where to start.

Pirinen said this highlights a misconception that estate planning is only necessary for wealthy individuals. In reality, it is also about ensuring that decisions concerning loved ones, property and other assets are clearly documented.

For Iqbal, the most important advice is not to wait until a medical emergency or another major life event forces the issue. 

"My strongest advice is not to leave this until a health crisis or a major life event. We have seen first-hand how quickly a family can move from believing there is time to finding themselves facing complicated legal procedures without the protection they intended to put in place."

She added that the purpose of preparing a will goes beyond deciding who receives an inheritance.

"The objective is not simply to decide who inherits, it is to reduce uncertainty, protect the family's interests and avoid leaving loved ones with unnecessary legal and financial burdens at an already difficult time."