Can a Will Override Sharia Law in the UAE?

In the UAE, inheritance is a sensitive topic. By default, Sharia law determines the distribution of assets once a person passes away. While this assures impartiality under Islamic law, it may not represent the wishes of non-Muslim citizens, particularly those with property, bank accounts, or families abroad.

This is where Wills in Dubai come into play. But can a Will actually override Sharia law in the UAE? Let’s break it down.

The Default Rule: Sharia Law

Without a registered Will in place, Sharia law applies automatically. This means:

• According to Islamic law, assets are allocated in fixed shares, with male and female heirs inheriting separate percentages.
  Sharia principles can guide the decision of guardianship for minor children.
• For many expats, this system does not meet their personal or cultural standards. They may choose to leave assets to a spouse, children, or even recipients other than their immediate family. That is why creating and registering a Will is of key importance.

The Function of DIFC Wills

To provide expats with additional flexibility, the UAE established the DIFC Wills and Probate Registry. Non-Muslims can use a registered DIFC Will to ensure that their assets are allocated in accordance with their wishes, rather than Sharia law.

Some key points about DIFC Wills:

• They are recognized under common law principles.
• You can register Wills covering real estate, bank accounts, company shares, and other assets.
• You can also include guardianship wishes for your minor children.

In short, a DIFC Will provides peace of mind that your estate will be managed exactly as you intend.

Wills in Dubai: Other Options

Aside from the DIFC, expats can file Wills in Dubai with the Dubai Courts. However, this approach is more in line with Sharia law and may require additional translation and administrative stages.

That is why many non-Muslim citizens choose DIFC Wills, which provide clearer, more transparent control and are written in English to minimise misunderstandings.

Is it possible for a will to completely override Sharia law?

Yes, it is for non-Muslims. A properly filed Will has the ability to override Sharia law’s automatic implementation in the UAE. This enables you to:

• Determine who will inherit your assets.
• Ensure financial security for your spouse and children.
• Appoint preferred guardians for small children.
• Simplify the probate process for your family during a challenging time.

However, for Muslims seeking effective wealth preservation, legacy planning, and asset protection, establishing a foundation in the UAE has become a popular choice. Unlike traditional inheritance systems, foundations provide more control, privacy and flexibility in managing family assets while adhering to Sharia norms.

What makes UAE foundations particularly appealing is the combination of common-law legal frameworks with the country’s robust financial ecosystem and tax-efficient environment. This combination offers a comprehensive solution for wealth preservation, seamless intergenerational transfers and long-term family and philanthropic goals.

Whether you own property in Dubai, have a family to protect, or simply want to be assured about your legacy, drafting a Will guarantees that your desires are followed and your loved ones are spared unnecessary complications.