Property Inheritance in Dubai

Over the past decades, Dubai has become a very special place. Some consider it as a permanent residence, others as a great place to relax, and for some it is a great opportunity to profitably invest in a liquid property. Many people buy housing in Dubai not only for income, but also for permanent residence, as the city is distinguished by safety, developed infrastructure, high business environment, good weather and many other factors. As for the UAE legislation, it is quite loyal and transparent, but it can be somewhat inconvenient in relation to foreigners. Especially when it comes to the right to inherit real estate in Dubai. On the one hand, non-Muslim property owners can transfer their property to their heirs, and on the other hand, there have been cases when the state refused to transfer the inheritance, explaining this by an incorrectly executed will, inaccurate wording, and many other reasons.

Considering how many property owners in the UAE are non-Muslims, one can understand why many are interested in the laws of property inheritance in Dubai. To understand all the complexities and laws regarding the transfer and receipt of inheritance, UAE Assets specialists have collected all the information in this article. Our company specializes in real estate in the UAE, and also cooperates with local developers. We provide a full range of services for the purchase, sale and rental of real estate in Dubai, as well as professional advice. Certified support will allow you to avoid all kinds of risks when buying, selling and inheriting real estate in the Emirates. Below we have provided all the information regarding the property inheritance rule in Dubai.

The Importance of Making a Will to Inherit Property in Dubai

Previously, foreign nationals were not allowed to buy real estate in the Emirates - they had the opportunity to rent for up to 50 years with a possible extension. The inheritance of real estate in the UAE was not very interesting for foreigners, since the object simply did not belong to them. Everything changed when the Dubai authorities allowed foreigners to buy real estate with the possibility of their further transfer - after that, the issue of making a will and inheritance became relevant. In order for the Land Department to be able to accept and register a will, you first need to get a "Certificate of Registration of Real Estate". Without it, the property will not be transferred to the heirs.

The certificate is also not issued if the object is not yet ready for operation - inheritance of unregistered real estate in the Emirates is impossible. If the owner of real estate was a non-Muslim and did not leave behind a executed will, then the legal heirs may be left with nothing, despite the civil code of the UAE (the inheritance process takes place according to the laws of the investor's home country). In the absence of a will, the distribution of ancestral property is carried out according to Sharia law, which brings many inconveniences to non-Muslim heirs, and can also lead to problematic situations.

How to draw up a will for real estate in the UAE?

In order for the inheritance of real estate in the UAE to go smoothly and not fall under the expropriation of the Emirates, it is necessary to correctly draw up a will. Drawing up a will is available only to the holder of a resident visa. To do this, it is enough to buy an expensive property worth more than 1 million dirhams. The process of making a will includes 4 steps:

• Drawing up a will according to international norms and standards;
• Translation of the text of the will into Arabic;
• Legalization of the will in the consulate of the testator's home country;
• Recognition of the legality of the will by the court and the Land Department of the UAE.

The last point cannot be replaced by a simple notarization. Otherwise, the document will not be recognized as legal. You must go to court and provide:

• Resident visa
• Testimony of two Muslims to certify the will
• Identification documents of the applicant and witnesses
• Duty from 60 dirhams

If we are talking about the inheritance of real estate in Dubai, then the heir must provide a birth certificate (his own), on the right of inheritance and death of the testator. If the testator has drawn up the document of inheritance as expected, then the inheritance will go smoothly. There is no taxation when inheriting real estate in Dubai, regardless of the degree of kinship. Therefore, during the transfer of ownership of the inherited property, the heir will only need to pay the standard registration fee of 4%.

You can also use the services of UAE Assets. Our company offers comprehensive services, competently and responsibly approaching all tasks. Experienced specialists will be happy to advise you on all issues, as well as help with the preparation of the necessary documents.