Non-Muslim Inheritance Law in the UAE: What Federal Decree-Law 41/2022 Changed

Subheadline: For non-Muslim expatriates and investors in the UAE: how Federal Decree-Law No. 41 of 2022 replaced default Sharia inheritance with civil rules that split an estate equally between sons and daughters, why you can still opt for your home-country law by registering a will, and the unresolved real-estate carve-out that makes a DIFC or ADJD will the safe route.

Federal Decree-Law No. 41 of 2022 on the Civil Personal Status, in force across the UAE since 1 February 2023, sets default civil (non-Sharia) rules for non-Muslims covering marriage, divorce, and inheritance. For a non-Muslim who dies without a will, the estate no longer follows Islamic forced-heirship shares by default. Instead, half goes to the surviving spouse and the other half is divided equally among the children with no distinction between sons and daughters. The law also preserves testamentary freedom: any non-Muslim can register a will directing that the succession law of their home country apply, or distribute their UAE assets exactly as they wish.

This guide explains what the law changed and who it covers, the exact default split when there is no will, how to opt for home-country law, and the one area where certainty breaks down: UAE real estate. Older legislation asserts that UAE law governs the inheritance of immovable property here regardless of the deceased’s religion or nationality, which sits in tension with the new civil regime. We set out where to register a will as a non-Muslim, the DIFC, ADJD, and Dubai Courts routes with their costs and coverage, and why relying on the default is riskier than most expatriates assume. For the framework that applied before this reform, and still applies to Muslims, see our guide to how Sharia inheritance works for UAE property.

What Federal Decree-Law 41 of 2022 Actually Is

Federal Decree-Law No. 41 of 2022 on the Civil Personal Status is a standalone civil code for non-Muslims in the UAE. It was issued in 2022 and, under its final provisions, entered into force on 1 February 2023, when UAE family courts began applying it. The law is deliberately secular: it governs marriage, divorce, joint property, custody, proof of parentage, wills, and inheritance for people to whom Islamic personal-status law would previously have applied by default. It replaced the earlier position under which the courts could apply Sharia principles to a non-Muslim estate unless the family actively proved an entitlement to home-country law.

The reform matters because it flips the default. Before February 2023, a non-Muslim expatriate who died in the UAE without a properly registered will risked having their estate distributed under Sharia forced-heirship rules, which allocate fixed fractional shares by relationship and gender and can exclude a surviving spouse from a controlling share. The new civil default removes that automatic outcome for non-Muslims and substitutes equal, gender-neutral treatment of children. It does not, however, make a will unnecessary, as the sections below explain.

Answer Block: What Did Federal Decree-Law 41 of 2022 Change?

Federal Decree-Law No. 41 of 2022 introduced civil, non-Sharia default rules for non-Muslims in the UAE covering marriage, divorce, and inheritance, effective 1 February 2023. For inheritance without a will, it splits the estate equally between sons and daughters instead of applying Islamic forced-heirship shares, while still letting a non-Muslim register a will choosing their home-country law.

Who the Law Applies To

Article 1 of the Decree-Law states that its provisions apply to non-Muslims who are UAE national citizens and to non-Muslim foreigners residing in the State, unless one of them elects to apply the law of their home country to matters of marriage, divorce, inheritance, wills, and proof of parentage. In practice this means the civil default is the starting point for every non-Muslim in the UAE, whether resident or citizen, and home-country law applies only where the individual has actively chosen it, typically through a registered will.

According to the UAE Government portal on personal status affairs for non-Muslims, the law gives non-Muslim residents the option to follow the laws of their home country or to use the alternative civil personal-status rules now in effect in the UAE. The determination of who counts as non-Muslim rests with the courts on the evidence before them, which is one reason documenting your religion and your choice of law in a registered will removes ambiguity for your heirs.

The Default Split When There Is No Will

The core of the reform sits in Article 11, which sets out how a non-Muslim estate is distributed when the deceased left no will. The estate is divided by fixed rules that treat male and female heirs equally, a direct departure from Sharia forced-heirship. Understanding this default matters because it is what your heirs inherit if you do nothing, and it may not match what you would have wanted.

Answer Block: How Is a Non-Muslim Estate Split With No Will in the UAE?

Under Federal Decree-Law 41 of 2022, if a non-Muslim dies in the UAE without a will, half the estate goes to the surviving spouse and the other half is divided equally among the children, with no distinction between sons and daughters. If there are no children, the estate passes to the deceased’s parents, and if there are no parents, to the siblings in equal shares.

The statutory order under the law works down a chain. Where the deceased leaves a spouse and children, half the estate devolves to the husband or wife and the other half is split equally among the children regardless of gender. Where there are no children, the estate passes to the deceased’s parents, shared equally if both are alive; if one parent has died, half goes to the surviving parent and half to the deceased’s brothers and sisters, again divided equally between men and women. Where there are no parents, the whole estate goes to the siblings in equal shares. This gender-equal treatment is the sharpest contrast with the Sharia default, under which a daughter’s share is typically half a son’s and a widow’s entitlement is a fixed fraction rather than half the estate.

Scenario	Sharia default (Muslims, and non-Muslims pre-2023)	Civil default for non-Muslims (Law 41 of 2022, no will)	Registered will
Spouse and children	Widow takes a fixed fraction (commonly one-eighth); remainder split with sons receiving double a daughter’s share.	Half to the surviving spouse, half divided equally among all children regardless of gender.	Distributed as the testator directs, or under the chosen home-country succession law.
No children	Fixed fractional shares to spouse, parents, and siblings per Quranic heirship rules.	Estate to parents equally; if one parent has died, half to the surviving parent and half to siblings.	Any lawful distribution the testator chooses.
Treatment of sons vs daughters	Unequal: a son generally inherits twice a daughter’s share.	Equal: no distinction between male and female heirs.	Whatever the testator specifies.
Guardianship of minor children	Determined by court under Islamic custody principles.	Determined by court; no guardian nominated by the deceased.	Testator can nominate a guardian for minor children.

One practical gap the civil default does not close is guardianship. The intestacy rules divide money and property, but they do not appoint a guardian for surviving minor children, which for expatriate parents is often the more urgent concern than the split of assets. That is only addressed through a registered will, which is one of the strongest reasons not to rely on the default even where the equal-split outcome would suit you.

Your Right to Opt for Home-Country Law

The law preserves testamentary freedom for non-Muslims. Article 11 provides that a testator has the right to leave a will covering the entire property owned in the State in favor of anyone, subject to controls in the Executive Regulations, and Article 1 lets a non-Muslim elect their home-country law instead of the UAE civil default. In practice, exercising that choice means registering a valid will, either directing that a specific national succession law govern your UAE estate or spelling out the distribution yourself.

This flexibility is the point of the reform for many expatriates. A British national can direct that English succession principles apply, an Indian national can mirror their home arrangements, and anyone can depart from the 50/50 spouse-children split, for example leaving everything to a spouse, providing for a partner they are not married to, or ring-fencing a business. Registering a will is also how you name guardians for minor children and appoint executors, neither of which the intestacy default provides. If you hold assets jointly, coordinate the will with the ownership structure, because how title is held affects what actually passes under the will; our guide to jointly owned Dubai property explains how survivorship and co-ownership interact with succession.

The Real-Estate Carve-Out: Where Certainty Breaks Down

The one area where the position is genuinely unsettled is UAE real estate. Article 17(5) of the earlier Federal Law No. 28 of 2005 on Personal Status provides that UAE law shall apply to wills made by foreigners disposing of their real property located in the State. Read strictly, that subjects immovable property in the UAE to local law regardless of the deceased’s religion or nationality, which pulls against a non-Muslim’s freedom under Law 41 of 2022 to apply home-country law. The two provisions have not been definitively reconciled by a settled body of case law, so how a court treats a foreign will over UAE real estate can carry an element of discretion.

Answer Block: Does UAE Law Govern a Non-Muslim’s Real Estate on Death?

UAE real estate is the unsettled area. Article 17(5) of Federal Law 28 of 2005 states that UAE law governs a foreigner’s disposal of real property located in the State, which sits in tension with a non-Muslim’s freedom under Law 41 of 2022 to apply home-country law. Registering a DIFC or ADJD will covering the specific property is the recognized way to reduce this uncertainty.

The practical answer to this tension is procedural rather than theoretical. A will registered through a UAE registry designed for non-Muslims, and expressly covering the UAE real estate by title or by general clause, gives a UAE court a locally recognized instrument to enforce and avoids the argument that a purely foreign will cannot dispose of local immovable property. Dubai has strengthened this route: Dubai Law No. 2 of 2025 gives the DIFC Courts exclusive jurisdiction over probate for DIFC-registered non-Muslim wills and makes DIFC probate orders directly enforceable against banks, the Dubai Land Department, and the RTA without separate recognition proceedings in the Dubai Courts. That direct enforceability against the DLD is precisely what makes a registered will the safe way to pass on UAE real estate. This is an area where you should take legal advice on your specific holdings rather than assume any single outcome; what happens when there is no will at all is covered in our companion guide on what happens to Dubai property with no will.

Where to Register a Will as a Non-Muslim

Non-Muslims have three main registration routes, and they differ in cost, jurisdiction, and how directly the resulting will is enforced. The right choice depends on where your assets sit, whether you want common-law or civil enforcement, and your budget. All three are recognized routes for non-Muslims to avoid the intestacy default and to cover UAE real estate; the wider process for expatriates is set out in our guide to DIFC wills for expats in Dubai.

Registry	What it covers	Government registration fee (indicative)	Jurisdiction and enforcement
DIFC Wills Service (Wills and Probate Registry)	Non-Muslim assets across the UAE, including real estate, bank accounts, shares, and guardianship of minors.	Around AED 10,000 for a single will and AED 15,000 for mirror wills, before any drafting fees.	English-language common-law framework; DIFC Courts hold exclusive probate jurisdiction, with direct enforcement against the DLD and banks under Dubai Law No. 2 of 2025.
ADJD non-Muslim will registry (Abu Dhabi Judicial Department)	Non-Muslim assets in the UAE, including real estate; open to residents and non-resident UAE property owners; guardianship provisions.	Around AED 950 for a single will and AED 1,900 for mirror wills; registration is available fully remotely by video notarization.	Civil-law framework under Abu Dhabi Law No. 14 of 2021 and Federal Decree-Law 41 of 2022; lowest-cost official route.
Dubai Courts Notary will	Non-Muslim assets across all seven emirates; must be in Arabic or bilingual Arabic-English.	Around AED 2,000 to AED 2,200 for a single will, plus certified Arabic translation where needed.	Onshore civil-law jurisdiction; notarized before a Dubai Courts notary; enforced through the onshore Dubai Courts.

The fees above are indicative government registration charges and exclude professional drafting, which typically adds several thousand dirhams. The DIFC route is the most established for expatriates with significant UAE real estate because of its common-law probate process and the direct enforcement against the DLD introduced in 2025. The ADJD registry is markedly cheaper and can be completed remotely, which suits residents whose estates are straightforward. The Dubai Courts notary route sits in between and is fully onshore. Confirm current fees and requirements with each registry before choosing, since they are periodically revised.

Relying on the Default Versus Registering a Will

The reform improved the fallback position for non-Muslims, but the default still has real gaps. Intestacy divides assets on fixed statutory lines that may not reflect your wishes, gives you no way to nominate a guardian for minor children, appoints no executor to gather and distribute the estate, and leaves the real-estate question exposed to the Article 17(5) tension. A registered will closes all four gaps at once, which is why the safe recommendation for anyone with property, children, or a spouse they want fully provided for is to register one rather than depend on the statutory split.

There is also a timing dimension that catches families out. Until a will is proved or the intestacy is administered, UAE bank accounts and assets can be frozen, and a surviving spouse may face a period without access to joint funds. A registered will with a named executor shortens that process. The knock-on effects for a family go beyond money: if the deceased was the visa sponsor, dependants face a residency question too, which we cover in our guide to what happens to dependants when the sponsor dies. Where estate administration will be handled partly from abroad, a UAE power of attorney can be essential, as explained in our walkthrough of the power of attorney process in the UAE.

FAQ

What Is Federal Decree-Law No. 41 of 2022?

It is the UAE Civil Personal Status Law for non-Muslims, in force since 1 February 2023. It sets civil, non-Sharia default rules for non-Muslims covering marriage, divorce, custody, wills, and inheritance. For inheritance, it treats sons and daughters equally and lets non-Muslims choose their home-country law by registering a will, replacing the earlier position where Sharia principles could apply by default.

How Is a Non-Muslim Estate Divided If There Is No Will?

Under Article 11 of Law 41 of 2022, half the estate goes to the surviving spouse and half is divided equally among the children, with no difference between sons and daughters. If there are no children, the estate passes to the deceased’s parents equally; if one parent has died, half goes to the surviving parent and half to the siblings. If there are no parents, the whole estate goes to the siblings in equal shares.

Does Sharia Law Still Apply to Non-Muslims in the UAE?

Not by default for personal-status matters. Since February 2023, the civil rules in Law 41 of 2022 are the starting point for non-Muslims, so Sharia forced-heirship no longer applies automatically to a non-Muslim estate. Sharia continues to govern Muslims and can still be relevant to disputes over UAE real estate because of the older Article 17(5) provision, which is why a registered will is advisable.

Can a Non-Muslim Apply Their Home-Country Law to Their UAE Estate?

Yes. Article 1 of Law 41 of 2022 allows a non-Muslim to elect their home-country law instead of the UAE civil default. The reliable way to exercise that choice is to register a will directing that a specific national succession law govern your UAE assets. Without a registered will, the civil default applies, and a court would have to be satisfied of any claimed foreign-law entitlement.

What Happens to My Dubai Property If I Have No Will?

For a non-Muslim, the civil default in Law 41 of 2022 would in principle apply, splitting the estate between spouse and children equally. However, Article 17(5) of Federal Law 28 of 2005 asserts that UAE law governs a foreigner’s real property in the State, so the outcome for real estate is not fully settled. A DIFC or ADJD will that expressly covers the property is the recognized way to secure your intended outcome and avoid a frozen or contested estate.

Where Should a Non-Muslim Register a Will in the UAE?

The three main routes are the DIFC Wills Service (English-language common-law, direct enforcement against the DLD, around AED 10,000 for a single will), the ADJD non-Muslim registry in Abu Dhabi (civil-law, around AED 950, fully remote), and the Dubai Courts Notary (onshore civil-law, around AED 2,000 to AED 2,200, in Arabic or bilingual form). The DIFC route suits significant real-estate holdings; ADJD is the cheapest for straightforward estates.

How Much Does It Cost to Register a Non-Muslim Will?

Government registration fees are indicative and vary by registry: roughly AED 950 for a single will at the ADJD, around AED 2,000 to AED 2,200 at the Dubai Courts Notary, and around AED 10,000 at the DIFC Wills Service, with mirror wills costing more. Professional drafting typically adds several thousand dirhams on top. Confirm current fees directly with the registry before proceeding, as they are periodically revised.

Are Sons and Daughters Treated Equally Under the New Law?

Yes. Under Law 41 of 2022, when a non-Muslim dies without a will, the children’s half of the estate is divided equally with no distinction between male and female heirs. This is the central departure from Sharia forced-heirship, under which a son generally inherits twice a daughter’s share. A registered will can specify any lawful distribution the testator prefers.

Does the New Law Cover Guardianship of Minor Children?

The intestacy rules divide assets but do not let the deceased nominate a guardian for surviving minor children; guardianship would be decided by the court. To name your own guardian and appoint an executor, you must register a will. For expatriate parents this is often the most important reason to make a will, independent of how the assets themselves would be split.

Do I Still Need a Will If the Default Split Suits Me?

Usually yes. Even where the 50/50 spouse-children split matches your wishes, a will lets you nominate a guardian for minor children, appoint an executor to speed up administration, and shield UAE real estate from the unsettled Article 17(5) position. It can also reduce the period during which bank accounts are frozen after death, giving a surviving spouse faster access to funds.

Official Sources

This article references information from the following official and authoritative legal sources:

• UAE Legislation portal – Federal Decree-Law No. 41 of 2022 on the Civil Personal Status
• The UAE Government portal (u.ae) – personal status affairs for non-Muslims
• DIFC Courts – Wills and Probate Registry (Wills FAQ)
• Abu Dhabi Judicial Department – wills for non-Muslims
• Library of Congress Global Legal Monitor – UAE Personal Status Law for Non-Muslims enters into force
• British Chamber of Commerce Dubai – Dubai Law No. 2 of 2025 on DIFC non-Muslim wills and exclusion of Dubai Courts

This guide is for informational purposes only and is not legal advice. UAE laws, registration fees, and their interpretation are subject to change, and the official Arabic text of any law prevails over English translations in the event of a conflict. The interaction between Federal Decree-Law 41 of 2022 and the real-estate provision in Article 17(5) of Federal Law 28 of 2005 is not fully settled, so the treatment of UAE immovable property can involve judicial discretion. Confirm the current position and your specific circumstances with a licensed UAE lawyer and the relevant will registry before acting.