Can an expatriate’s UAE assets pass to family members living abroad?

Yes. Family members do not need to live in the UAE to qualify as legal heirs. Their rights depend on the succession rules that apply to the deceased and the family relationship involved. Evidence such as birth certificates, marriage records, and other official documents may be required during estate proceedings.

How does company ownership affect inheritance?

Owning property through a company creates a different legal structure from owning it personally. If the property is registered in a company’s name, the estate may involve the individual’s shares or ownership interest in that company rather than the property itself.The company’s constitutional documents, shareholder records and the relevant succession rules may therefore need to be reviewed as part of the estate settlement.

Can an expatriate update an existing Will after the 2026 law?

An existing Will can be reviewed to check whether its terms still match the current legal framework. Changes may be appropriate after a property purchase, marriage, divorce, birth of a child, or change in residency. Any amendment should follow the formal requirements that apply to the type of Will involved.

Does the new Waqf rule apply to every foreign-owned property in the UAE?

No. Article 17(2) addresses UAE-based financial rights belonging to a foreigner who has no heir. A property owner who has identifiable legal heirs is in a different legal situation. The rule does not place every foreign-owned home or investment property under a Waqf.

What property options can expatriates consider in Dubai?

Expatriates can consider apartments, townhouses, and villas based on ownership rules, budget, and intended use. A top real estate agency in Dubai can assist with available properties, ownership requirements, and the purchase process. Villas for sale in Dubai may suit buyers seeking larger homes or family-oriented communities.

UAE Inheritance Rules for Expats: What Changed in 2026

A recent legal development has raised concerns about the fate of UAE assets when an expatriate dies without a will, and no legal heir can be identified. Changes to the UAE Civil Transactions Law, effective from June 2026, have brought fresh attention to the issue. Bank accounts, investments, personal belongings and real estate owned solely by the individual who has passed away could all be affected by these rules.

The legal position is specific to the circumstances of each case. The outcome depends on the nature of the assets, the existence of a Will or identifiable heirs, and the legal rules that apply to the individual.

Key takeaways

The UAE Civil Transactions Law that took effect in June 2026 introduced new rules for foreign nationals with no legal heirs.
Having no Will does not mean that an expatriate has no legal heirs.
Article 17 allows certain Will terms to follow the law chosen in the document or the deceased person’s nationality.
Full legal capacity under the new UAE Civil Transactions Law begins at age 18 instead of 21.

The new UAE inheritance law and Waqf

The key change comes from the UAE’s new Civil Transactions Law, issued under Federal Decree-Law No. 25 of 2025. The law entered into force on 1 June 2026 and replaced the previous Civil Transactions Law issued under Federal Law No. 5 of 1985.

Article 17 sets out the general rules for inheritance involving foreign nationals. Under Article 17(2), if a foreign national dies with financial assets in the UAE and no legal heir can be identified, those assets may become a charitable endowment, known as a Waqf, under the oversight of the relevant authority.

That distinction is important. The rule applies when a foreign national has no legal heir. It does not mean that every expatriate who dies without a Will will have their UAE assets transferred to charity.

The absence of a Will and the absence of heirs are two separate legal circumstances. A person may die without a Will and still leave behind a spouse, children, parents, siblings, or other legally recognised heirs. In such cases, succession rules and the legal framework applicable to the estate must still be considered.

Situation	What may happen
Expat dies with a valid Will	The estate is dealt with under the applicable legal framework and the terms of the Will, subject to UAE law and court procedures
Expat dies without a Will but has identifiable heirs	Succession rules apply, with the applicable law depending on the circumstances and relevant legislation
Expat dies without a Will, and no heir can be established	Article 17(2) of the new Civil Transactions Law may apply to financial rights located in the UAE
A foreign national dies with no heir	UAE-based financial rights are designated as a charitable endowment under the supervision of the relevant authority

A person with a spouse or children is not considered to have no heirs simply because they do not have a Will registered in the UAE.

What does Article 17 say?

Article 17 begins with a general rule. Succession is governed by the law of the country to which the individual belonged at the time of death, subject to the provisions within the Article. It then introduces the new provision concerning a foreigner with no heir.

The law states:

The main terms of a Will or another arrangement that takes effect after death may be governed by the law selected in the document or, where no law is selected, the law of the person's nationality.
A foreigner's Will concerning immovable property located in the UAE is subject to UAE law.

The final point deserves attention for property owners. A Dubai apartment for sale held in the person's name is an immovable asset located in the UAE, so UAE law has a direct role in the legal treatment of a Will dealing with that property.

UAE inheritance rules before June 2026

Under the previous version of Article 17 of the Civil Transactions Law, financial rights located in the UAE and belonging to a foreigner with no heirs were transferred to the relevant emirate. The new law now describes the destination as a charitable endowment, supervised by the relevant government body.

Previous framework	Rules from 1 June 2026
UAE-based financial rights belonging to a foreigner with no heirs were transferred to the relevant emirate	UAE-based financial rights belonging to a foreigner with no heirs become a charitable endowment, or Waqf
The emirate became the statutory recipient under the previous rule	The Waqf falls under the supervision of the competent authority
Federal Law No. 5 of 1985 applied	Federal Decree Law No. 25 of 2025 applies

How is an estate handled when there are no heirs?

An estate is not considered to have no heirs simply because family members live outside the UAE or do not come forward immediately.

The process may require:

Confirmation of the death.
Identification and collection of UAE assets and liabilities.
Examination of any Will or testamentary disposition.
Identification of legally recognised heirs.
Settlement of debts and obligations where applicable.
Court or other competent authority procedures.
A determination of the applicable succession rules.

The absence of immediate family in the UAE is not enough, by itself, to establish that there are no legal heirs.

The importance of having a will

The 2026 Waqf provision is about the absence of heirs, not the absence of a Will. Even so, a properly prepared Will can play an important role in estate planning.

A Will can record:

The intended beneficiaries of eligible assets.
The appointment of executors.
Guardianship wishes where relevant.
Instructions connected with UAE property and other assets.
The law selected to govern certain testamentary provisions, where legally permitted.

The law that applies to a Will can depend on the law chosen within it. If no law is specified, the law of the individual’s nationality at the time of death may apply to the main terms of the Will.

A separate rule applies to real estate in the UAE. Under Article 17(5), UAE law applies to a Will made by a foreign national that covers property located in the UAE. This means anyone who owns an apartment, villa or other property here should consider local succession rules when planning their estate.

A Will can provide clear instructions on how assets should be distributed and help reduce uncertainty for family members and beneficiaries.

Age and legal capacity under UAE Civil Law

The new Civil Transactions Law introduced another change relevant to estate planning. The age of full legal capacity in the UAE has been reduced from 21 to 18 years, subject to the legal requirements concerning mental capacity and other restrictions.

The change may affect existing Wills, guardianship arrangements and estate plans that postpone control of assets until a beneficiary reaches 21. Legal arrangements prepared under the previous framework may therefore require review, where minor beneficiaries or UAE-based assets are involved.

How does UAE inheritance law affect Dubai property owners?

Dubai’s expatriate population owns a significant share of residential and investment property. This can range from a studio apartment for rent in Dubai or a family villa to a wider investment portfolio built as part of a long-term property strategy.

Ownership documents alone do not answer every inheritance question.

Property owners may wish to review:

The title deed and the legal ownership structure.
Existing Wills and whether they properly address UAE assets.
Named beneficiaries and heirs under the relevant legal framework.
Joint ownership arrangements in Dubai property, where applicable.
Mortgages, debts and outstanding obligations.
Bank accounts and other assets connected with the property.
The law applicable to the estate and testamentary arrangements.

Legal advice can be important when assets are held in several countries. A Will prepared under another country’s law may not cover every issue related to UAE law.

Readers following property, legal, and market developments can find useful context through Dubai real estate blogs and resources published by betterhomes.

Final thoughts

An expat’s years of work in the UAE can leave behind a home, investments, or a business. Writing a Will can help direct those assets to the intended beneficiaries after someone passes away. Organising personal affairs in advance can also ease the burden on family members during a difficult time. A Will creates a written record of those wishes and can give family members a defined legal route when the estate needs to be settled.

Real estate property can be one of the most valuable assets a person leaves behind. Browse properties for sale in Dubai to find a home or investment that suits long-term plans.