Understand Dubai will laws, from bequests to invalidation. Get expert legal help to secure your estate and protect your legacy.
If you plan to allow someone to use part of your estate—such as letting them live in a house you own, use a piece of land or providing a loan—there are several rules that apply under UAE law.
Value consideration and the one-third rule
Under the personal status law for Muslims, a person can bequeath only up to one-third of their estate to someone who is not among the fixed legal heirs.
If the bequest (whether use of property or lending money) exceeds one-third of the estate, then the fixed heirs must agree to it or the portion may be invalid.
For example, if you allow someone lifetime use of a property but that “use value” is treated as part of your estate exceeding one-third, legal heirs can object.
Lifetime use of property
Granting someone the lifetime use of a property will result in its value being counted when assessing whether the one-third limit is exceeded.
The legatee’s right is thus subject to scrutiny: if the value goes beyond what is permissible (without heirs’ consent) the will may not fully accomplish what you intended.
Lending money
Bequests in the form of loans (i.e., you specify someone gets a lump sum from your estate) are valid, but again the same cap applies: if the amount lent (in effect, given) plus other gifts exceed one-third, then the legal heirs’ rights must be preserved.
This means you must plan carefully: if you have many assets and you decide to lend a large sum or allow someone to use property, calculate how that interacts with the collective estate and heirs’ shares.
Take-away for drafting:
Clearly identify the property, its current value or usage value.
Work out how this interacts with your overall estate value.
If exceeding one-third, engage with the legal heirs (or their consent) or structure the bequest in a way that keeps within the limit.
Specify whether the gift is lifetime use, or outright transfer, or a loan, and ensure the will language reflects that.
Another more nuanced area is when you choose to bequeath a share of your estate equivalent to that of a particular heir (or “equal share” type bequest). Under UAE law this has particular constraints.
Equal shares to a specific heir
If you say, “I bequeath to X a share equal to what my son Y gets,” then X is entitled to receive the same portion as Y plus any legal share as the law allows. But any part of that bequest that takes the total beyond the one-third cap (where applicable) needs the heirs’ consent.
The concept is designed to ensure fairness and prevent circumventing the inheritance shares by giving extra to someone outside the legal heir chain without appropriate consent.
Unspecified inheritance share
If you refer generically (without naming an heir) and you say “an equal share to whoever inherits,” the law takes the least share among the heirs for calculation of what the legatee is entitled to. The legatee then gets that amount plus the legal share, subject to the same one‐third limitation.
In practice, that means if the heirs’ shares vary, you must consider the minimum share in the calculation for your will’s wording to be valid.
Why this matters
These “equal-share” bequests are delicate because if the will is not carefully drafted, heirs may challenge it, the will may be partly void, or the estate may need to be redistributed differently than you intended.
Also keep in mind that for non-Muslims (or non-Muslim estate frameworks) other rules apply, so the drafting must reflect your religious status and assets.
Even a well-drafted will can be rendered void (in whole or part) under certain conditions in Dubai/UAE law. Understanding these risks helps you safeguard your intentions.
Retraction
A will can be revoked by the testator (legator) at any time, either in writing, verbally (depending on jurisdiction) or by action that demonstrates retraction.
Death of legatee before the legator
If your will names a legatee who dies before you, that gift will generally lapse (unless alternate provisions are specified).
This is important: check whether your will provides alternate recipients (“if A predeceases me then …”) so your estate doesn’t become subject to default rules rather than your intended plan.
Rejection by legatee
If the legatee formally rejects the bequest either during your lifetime (if applicable) or after your death, the gift can become void.
Legal disqualification
If a legatee kills the testator (or is considered to have disqualified themselves morally or legally) the will may be invalid in relation to that legatee’s claim.
Some laws also consider religious status: for example an heir renouncing Islam may lose their right under the Personal Status Law for Muslim estates.
Non-compliance (for Muslims)
If a Muslim testator tries to bequeath beyond one-third without the requisite consent of legal heirs, that part of the will is invalid.
Key practical steps
Keep your will updated to reflect death of beneficiaries, new assets, changes in marital status.
Specify alternate beneficiaries (“back-up” legatees) for each gift.
Make sure you execute the will properly (age, competence, witnesses) so that it isn’t challengeable.
In some cases, your estate plan might impact grandchildren, especially when a child (who would have been a direct heir) has pre-deceased you. Dubai/UAE law does provide mechanisms for protecting the interests of grandchildren.
When it’s required
If one of your children dies before you, their share in your estate can be inherited by their children (i.e., your grandchildren). This is sometimes referred to as representation or substitution.
Ensuring your will accommodates this possibility is prudent—otherwise the default legal heirs may take more than you intended.
Portion limits and calculation
While grandchildren can step into the position of their parent for inheritance, the legal cap (for non-fixed heirs) may still apply (one-third rule for the bequest portion) for Muslim estates.
For example, if your deceased child would have received a fixed heir’s share under Sharia, their children (your grandchildren) will receive that share, but your ability to bequeath extra to them may still face the one-third limit.
Practical drafting considerations
If grandchildren are to benefit, specify clearly in the will: e.g., “If my child X predeceases me leaving issue (children), then such issue shall take X’s share.”
Also consider appointing guardians/ trustees for grandchildren if they are minors.
Ensure your will distinguishes between your direct children and grandchildren, and includes alternate lines of succession.
Sometimes your will may contain overlapping bequests, competing gifts, or the estate simply may not have enough assets to fulfill every instruction fully. Understanding how the law handles such situations can help you draft more robustly.
Multiple wills/bequests and overlapping instructions
If you have more than one will (or multiple codicils) that conflict, the most recent valid will usually prevails, provided it was executed correctly.
If a legatee is named multiple times (in separate bequests) or you leave multiple gifts that overlap, the executor or the court must reconcile them to ensure the testator’s intention is carried out to the extent possible.
Insufficient estate to cover all wills equally
If there are several wills/bequests that cannot all be fulfilled because the estate’s third (the part testator may freely bequeath) is insufficient, those legatees must share the available portion proportionally.
Specific objects (e.g., a particular piece of land, a specific sum) may need to be divided, or one legatee may receive the asset while another receives equivalent value from another asset.
Specific objects vs residuary estate
If you gift a specific object (say, “my Dubai villa to A”), and you also have other instructions that conflict (say, “my estate equally to B and C”), then priority, value, and capacity matter. If the specific gift wipes out more than your shareable portion, legal heirs may challenge.
Residuary estate (what remains after debts, expenses, specific legacies) is the portion most flexible—but needs clarity in your will to avoid confusion.
Drafting checklist to avoid these problems
Ensure you have one coherent will (avoid multiple conflicting documents).
Clearly distinguish between specific gifts, lifetime use, loans, residuary estate.
Estimate the value of your estate to check that the “free third” is not exceeded (in Muslim-governed estates).
If you want to go beyond the free third, document consent from legal heirs or structure the gift to come out of heirs’ shares (with their written agreement).
Consider including a clause addressing what happens if a legatee cannot or chooses not to accept the gift (e.g., “if A predeceases me or does not accept the gift, then …”).
Regularly review the will on acquisition of assets, change of family circumstances, or change in law.
Estate planning in Dubai is not a matter of simply writing down who should get what—it requires alignment with local law, especially if you have assets in Dubai/UAE or you are an expatriate. The rules for bequeathing use of property or loans, equal-share bequests, the rights of grandchildren, and how overlapping wills are treated all demand precision.
Given the legal nuances—such as the one-third cap for Muslim testators, special rules for non-Muslims under the newer civil-law frameworks (e.g., Dubai International Financial Centre (DIFC) Wills Service) and the high stakes (freezing of assets, disputes, delay), consulting an experienced Dubai legal consultant or a reputable Dubai law firm is strongly advised. They can help you draft a will that stands up to scrutiny, minimises conflicts, and truly reflects your wishes.
