Family Estate Disputes
Family Estate Disputes in UAE
Family estate disputes are quite stressful and difficult to handle in the UAE. These issues often involve disagreement over inheritance, property rights, or even guardianship decisions when a loved one passes away. At HHS Lawyers and Legal Consultants, we offer legal advice and strong representation.
Our team understands both Sharia inheritance laws for Muslims and civil personal status laws for non-Muslims. Whether you require assistance with a will dispute, succession planning, or property division, we work towards protecting your rights and resolving conflicts expeditiously yet legally.
We provide Will registration, estate planning, and inheritance dispute resolution across Dubai and the UAE—as per your family’s needs.
What Is a Family Estate or Inheritance Dispute?
Family estate disputes, known as inheritance disputes, emerge when different family members disagree about how to distribute the deceased person’s assets. Such conflicts typically involve disputes about wills, property rights, guardianship, or succession certificates, regardless of whether a will exists.
Family disputes about inheritance occur frequently in the UAE because the country has dual legal systems, which include Sharia law for Muslims and civil personal status laws for non-Muslims. Such disputes do result in delayed settlement of estates, damage the harmony of families, and lead to expensive litigation. That is why it is important to seek early legal planning and advice to avoid any family disputes later on.
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Why Do Family Estate Disputes Arise in the UAE?
The following are the reasons why most disputes arise:
- No Registered Will – Most people die in the UAE without a legally registered will. In such cases, the estate is distributed according to the default laws: Sharia law for Muslims and civil law for non-Muslims. There will be much confusion, delays, and disagreements among heirs. This is especially true when it comes to expatriate families.
- Conflicting Legal Systems – In the UAE, non-Muslims can apply their country’s laws of inheritance in their wills. However, this is only possible on the condition that such a declaration is expressly made in a properly registered will. Without such a declaration, the UAE law applies by default. Such overlapping laws invite disputes, especially if it is a mixed-nationality family or if heirs are living abroad.
- Unequal Distribution of Assets – Typically, male heirs receive much more than female heirs under Islamic law (e.g., sons receive double the share of daughters). Inevitably, family inheritance disputes arise, most especially when expectations differ or when any heir feels the distribution is unfair.
- Ambiguous or Outdated Wills –Any will that has vague drafting or is not updated with either the present assets or the family situation would generally lead to a dispute. Hence, heirs would have different interpretations of the will and may also be involved in legal challenges and delays in settling estate issues.
- Disputes Related to Real Estate and Joint Property – Real estate usually comprises the most valuable part of an estate. When multiple heirs have inherited property, disagreements may arise on whether or not to sell such a property, whether to divide it, and ultimately how to manage it. These types of family estate conflicts can escalate quickly in situations where no legal advice is sought.
- Guardianship of Minor Children – Disagreement may come about in cases where minor children are involved, concerning who is to be the appointed guardian. If guardianship has not been specified under a will, then the court has to rely on its law, which may differ from what the family would have wished.
- No Legal Advice or Planning – Most families will not take legal advice until a dispute has been initiated. Without proper estate planning, such misunderstandings and emotional stress are indeed turned into expensive litigation. Many of these issues can be avoided by seeking early legal support.
At HHS Lawyers in Dubai, we will help families avoid or resolve inheritance disputes. For this, we offer expert legal advice and will drafting and court representation in Sharia and civil courts. Our intention is to protect your rights and preserve family harmony through clear and lawful means.
Legal Framework Governing Inheritance in the UAE
- Federal Decree-Law No. 41 of 2024
This law came into effect on April 15, 2025, and it provides for inheritance, guardianship, and distribution of estates for Muslims and non-Muslims. It establishes an uncomplicated way to resolve disputes; and introduces structured methods for estate planning and division.
- Federal Decree-Law No. 41 of 2022
This law allows non-Muslims the right to apply their home country’s laws regarding inheritance and personal status by expressing this intention in a registered will. As such, this offers more flexibility in the estate planning for expatriates who live in the UAE.
- Cabinet Decision No. 122 of 2023
This regulation governs all the procedural implementation of the 2022 law that consists of completing the steps of registration of will, managing guardianship, and distributing assets as per the deceased’s will or according to the applicable laws.
Inheritance Rules in the UAE: Muslims vs. Non-Muslims
| Category | Muslims | Non-Muslims |
| Governing Law | Sharia Law (as per Federal Decree-Law No. 41 of 2024) | Civil Law (Federal Decree-Law No. 41 of 2022 & 2024) |
| Will Requirement | A will is optional. Only one-third of the estate can be distributed freely; the rest follows Sharia law unless heirs agree otherwise. | To apply your home country’s law, you must clearly state it in a registered will—otherwise, UAE civil law may apply by default. |
| Forced Heirship | Yes – fixed shares for spouse, children, parents | No – full freedom if will is registered properly |
| Court Jurisdiction | Sharia Court | Civil Court (if will is registered) |
| Succession Certificate | Required from Personal Status Court | Required from Civil Family Court |
| Real Estate Ownership | Distributed per Sharia shares | Can be distributed per will if registered |
| Guardianship of Children | A guardian can be nominated in a will, but final approval comes from the court based on Sharia principles and the child’s best interest. | Can appoint a guardian in a registered will. Courts usually respect this if it aligns with the child’s welfare. |
| Dispute Resolution | Sharia-based litigation | Civil litigation or mediation |
| Will Registration Options | Abu Dhabi Judicial Department | DIFC Wills Centre or Abu Dhabi Civil Family Court |
Our Legal Services for Family Estate Disputes
- Will Drafting and Registration: We draft wills that are legally sound according to UAE laws, thus minimizing chances of future litigation. In this regard, the intentions are clearly defined, and the will is made legally enforceable.
- Estate Planning and Advisory: Our trained legal experts provide estate planning strategic advice to effect tax-efficient transfer and a smooth distribution of assets, especially in the case of families that own properties or beneficiaries in different jurisdictions.
- Assistance with Succession Certificates: Since succession certificates are needed before inheritance rights can be claimed and before assets can be transferred, we handle all documentation, court submissions, and follow-ups to have this certificate within weeks, not months.
- Mediation and Arbitration: We provide amicable settlement options for the settlement of disputes via mediation and arbitration. Thus, family relationships are also preserved, while disputes are settled in an amicable manner.
- Litigation and Court Representation: In case of dispute leading to litigation, our skilled lawyers take you to civil or Sharia courts, ready to prepare a strong case with supporting documents and legal arguments strong according to laws.
Why Choose HHS Lawyers?
- Acclaimed Record: More than 20 years of experience in family and estate law in the UAE.
- Bilingual Legal Team: Lawyers speak multiple languages, giving attention to the needs of local and expatriate clients.
- In-Depth Knowledge of Law: Laws of inheritance, real estate, and family in the UAE are well understood.
- Client Strategy: Every legal approach is taken according to individual objectives, whether you want to make an out-of-court settlement or file a suit.
- Complete Legal Services: From will registration to court representation, we provide complete legal services in estate matters.
Secure Your Family’s Future Today
Family estate disputes can be overwhelming, but you don’t have to face them alone. At HHS Lawyers, these disputes are resolved with our family lawyers, who possess legal expertise and provide support to assist an individual in resolving disputes and ultimately securing one’s legacy.
Call us today or book an appointment with one of our estate dispute specialists.
Frequently Asked Questions (FAQs) about Family Estate Disputes
Q1. Can I disinherit a family member in the UAE?
Under Muslim law, forced heirship applies, and certain heirs may not be excluded from inheritance. However, for a non-Muslim, he/she is able to disinherit an heir provided that such disinheritance is clearly specified in a duly registered will.
Q2. What happens when there is no will?
If the person was a Muslim, the estate is to be distributed according to Sharia law, and for a non-Muslim, it is under civil laws depending on the religion and nationality of the deceased.
Q3. For how long do estate disputes in the UAE take?
The time taken to resolve a family estate dispute in the UAE varies depending on a number of factors, such as the existence of a will, the complexity involved with the estate, the number of heirs, and whether the case is settled amicably or in court.
