Insights · AXD Real Estate Dubai
Sharia Inheritance Law and Dubai Property — Non-Muslim Opt-Out for DACH
Sharia Inheritance Law and Dubai Property — Non-Muslim Opt-Out
Without a registered will, the UAE Personal Status Law (Federal Law 28/2005) applies. For Muslims, Sharia quotas apply — wife 1/8 where there are children, sons double before daughters. For non-Muslims, Federal Decree-Law 41/2022 permits the application of home-country law, yet only a registered DIFC or ADJD will secures a smooth probate process. A mandatory step for DACH HNWIs with children or a spouse.
What the Sharia Default Means — Without a Will
UAE Federal Law 28/2005 codifies the Sharia inheritance quotas. For a deceased male testator with a wife and children:
- Wife: 1/8 of the estate
- Sons: double share per son compared with each daughter
- Parents: 1/6 if still living
- Daughters without sons: maximum 2/3 together — remainder falls to the extended family (brothers of the deceased, etc.)
These quotas contradict typical DACH inheritance structures with a spousal share under § 1931 BGB (German Civil Code provision on the surviving spouse's statutory share) plus a joint will (Berliner Testament). Without an opt-out, conflicts with Dubai courts and freezing of the property until clarification are imminent.
DIFC Wills versus ADJD Non-Muslim Wills
| Criterion | DIFC Wills | ADJD Non-Muslim Wills |
|---|---|---|
| Fee Single | AED 10,000 | AED 950 |
| Mirror Wills (couple) | AED 15,000 | AED 1,900 |
| Scope | All Emirates + Ras Al Khaimah | All seven Emirates |
| Probate Court | DIFC Courts (Common Law) | Abu Dhabi Civil Court |
| Language | English | Arabic / English |
| Year Established | 2015 | 2022 |
When Which Will for DACH Owners
DIFC Wills for complex structures — holdings, trusts, multiple properties, international heirs with potential disputes.
ADJD Wills for simple structures — one to two properties, clear heir constellation, cost sensitivity.
Both excluded for Muslims — UAE Personal Status Law applies mandatorily, opt-out only possible via a separate home-country law procedure.
What You Concretely Must Do
- Asset schedule of Dubai assets (properties, bank accounts, vehicles).
- Advisors: German notary plus DIFC- or ADJD-certified lawyer.
- Draft the will — explicitly mention only UAE assets, German will unaffected.
- Registration with DIFC or ADJD incl. identity verification and apostille translation.
- Storage of the original + note in the German notary's office.
Related Topics
- DIFC Will for Dubai Properties
- Inheritance Tax on Dubai Property and Germany
- Lawyer for Dubai Property Purchase — Mandatory?
Sources
- UAE Federal Law 28/2005 (Personal Status)
- UAE Federal Decree-Law 41/2022 (Civil Personal Status for Non-Muslims)
- DIFC Wills & Probate Registry — Fees and Rules
- Abu Dhabi Judicial Department — Non-Muslim Wills Office
- § 1931 BGB (German Civil Code provision on the surviving spouse's statutory share — comparative benchmark Germany)
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