A lot of content still circulating online says Sharia law applies by default to every UAE inheritance case, regardless of religion. That was true once — it hasn't been the full picture since February 2023. Here's the current, accurate position.
For Muslim property owners
Sharia inheritance principles continue to apply by default to Muslim estates in the UAE, distributing fixed shares among heirs (spouse, children, and other relatives) according to established rules, with limited room for personal discretion beyond a certain portion of the estate.
For non-Muslim property owners: what actually changed
Federal Decree-Law No. 41 of 2022 on Civil Personal Status came into force on 1 February 2023, and it fundamentally changed the default rules for non-Muslims — UAE nationals and foreign residents alike. Sharia principles no longer apply automatically to non-Muslim estates.
Under this law, non-Muslim property owners in the UAE effectively have three paths available:
| Path | What happens |
|---|---|
| No will, default civil law applies | 50% of the estate to a surviving spouse; remainder split equally among children, regardless of gender |
| Registered DIFC or ADGM will | Full testamentary freedom — your estate is distributed exactly as you specify |
| Actively elect home-country law | Non-Muslim foreign residents may choose to have their own country's inheritance law applied instead |
Gender-equal inheritance
A notable feature of the 2023 law: it explicitly establishes gender-equal inheritance shares for non-Muslims — sons and daughters inherit equally, a clear departure from Sharia's traditional distribution ratios (which are still what apply by default to Muslim estates).
What happens practically when someone passes away
If a UAE bank account is held jointly, the surviving holder must notify the bank within 10 days of the death. The bank then freezes the account until a competent court determines the heirs' shares — this applies regardless of religion, and is one of several reasons probate delays are so costly for families without a registered will already in place.
What we'd actually recommend
- Non-Muslim property owners: register a DIFC or ADGM will rather than relying on the 2023 civil law default, particularly if your family situation doesn't match the standard 50/50 split
- Muslim property owners: speak with a UAE-qualified estate lawyer about the discretionary portion of the estate you can direct, and how joint ownership or lifetime gifting might factor into your planning
- Everyone: keep a clear, accessible record of which will (if any) is registered and where, since heirs cannot act on a will they don't know exists