Inheritance Disputes In The UAE: Foreign Assets And Overseas Heirs

Inheritance can become complicated when a person leaves behind property in more than one country or when some of the heirs live outside the UAE. A deceased person may, for example, have a home in Dubai, a bank account in the UAE, investments abroad and family members living in different countries.

In such cases, resolving the estate is not simply about identifying the heirs. Questions may arise over which country’s law applies, whether a foreign will is recognised, how overseas property can be transferred and whether an heir living abroad must participate in UAE proceedings.

Understanding these issues early can help families avoid lengthy inheritance disputes with foreign assets.

Which Law Applies to an International Estate?

The starting point is the UAE Civil Transactions Law. Under Article 17 of Federal Decree-Law No. 25 of 2025, succession is generally governed by the law of the country to which the deceased belonged at the time of death.

Where a will exists, Article 17 provides that its substantive provisions are governed by the law specified in the will. If no law is specified, the law of the deceased’s nationality at the time of death applies. However, UAE law applies to a will made by a foreigner insofar as it concerns immovable property located in the UAE.

The location of the property can therefore be important in cross-border inheritance cases. Article 18 further provides that the possession and ownership of immovable property, as well as other related real rights, are governed by the law of the country where that property is located.

Special Position of Non-Muslim Estates

Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides a separate framework for certain non-Muslims in the UAE, including rules on wills and inheritance.

Under Article 11, a person may leave their estate in the UAE to a person of their choice through a will. If there is no will, the law sets out how the estate is distributed among the surviving spouse, children, parents and siblings. An heir of a foreign deceased person may also request the application of the inheritance law determined under the UAE Civil Transactions Law, unless a registered will provides otherwise.

This makes the existence of a will, the deceased’s nationality and the applicable inheritance law important in cross-border estate disputes.

Which UAE Court Handles the Estate?

Federal Decree-Law No. 41 of 2024 on Personal Status gives the inheritance judge authority over matters such as determining the heirs, preserving and inventorying estate assets, liquidating and distributing the estate, and resolving disputes connected with its ownership or pision under Article 5.

Under Article 3(4), jurisdiction generally lies with the court where the deceased had their last domicile, residence or place of work in the UAE. If the deceased had none of these in the UAE, the court where one of the estate assets is located may have jurisdiction.

This is particularly relevant where the deceased lived abroad but left property or other assets in the UAE.

What Happens When an Heir Lives Overseas?

An heir does not necessarily have to relocate to the UAE simply because an estate case is taking place here. Depending on the proceedings, an overseas heir may be able to appoint a representative through a properly executed power of attorney.

However, foreign documents frequently require formal authentication before they can be relied upon in the UAE. These may include death certificates, birth and marriage certificates, powers of attorney, wills and foreign court documents.

The UAE Ministry of Foreign Affairs confirms that documents issued abroad may need authentication through the relevant authorities in the issuing country, the UAE embassy or consulate and the Ministry of Foreign Affairs in the UAE. Official translation may also be required where documents are not in an accepted language.

Mrs. Awatif Al Khouri has extensive experience dealing with inheritance and family-related disputes where several legal systems, family relationships and different categories of assets may need to be considered together. In cross-border estates, reviewing the complete asset and family structure at the beginning can prevent unnecessary procedural disputes later.

Can a Foreign Probate Judgment Be Used in the UAE?

A foreign probate judgment or court order does not automatically become enforceable in the UAE.

Under Article 222 of Federal Decree-Law No. 42 of 2022 on Civil Procedure, the UAE court must verify certain conditions before recognising and enforcing a foreign judgment. These include whether the foreign court had jurisdiction, whether the parties were properly notified and represented, whether the judgment is final, and whether it conflicts with an existing UAE judgment or UAE public order.

International treaties may also affect how a foreign judgment is recognised or enforced. Therefore, where a probate order has been issued abroad, the applicable treaty arrangements and UAE enforcement requirements should be checked before relying on it in the UAE.

Conclusion

Inheritance disputes involving foreign assets and overseas heirs require careful coordination because UAE succession rules may operate alongside the laws of another country. The deceased’s nationality, the location and type of property, the existence of a will and the residence of the heirs can all affect the procedure.

Obtaining guidance at an early stage can help families identify the correct UAE proceedings while also dealing properly with assets located abroad. Mrs. Awatif Al Khouri assists in assessing the estate, applicable succession rules, overseas heirs and cross-border issues so that the inheritance process is approached in an organised and legally appropriate manner.