Can You Inherit Dubai Property as an Australian?

Quick Answer

• Australians can inherit Dubai property legally

• UAE court order required for DLD transfer

• No UAE will means Sharia rules apply

• DIFC wills protect your chosen beneficiaries

• DLD title transfer costs AED 1,000

Most Australians who buy property in Dubai never think about what happens to it after they die. Unlike Australian real estate, a Dubai property does not transfer to your heirs under your Australian will or a grant of probate. UAE succession law governs the asset entirely once the title deed is issued in your name, regardless of your nationality. Without a registered UAE will, the court applies Sharia inheritance rules by default, which can leave a spouse with far less than expected and an unmarried partner with nothing.

The good news is that you can inherit Dubai property as an Australian through a clear legal process. Federal Decree-Law No. 41 of 2022, in force since 1 February 2023, gives non-Muslim foreign nationals the right to register their own instructions for UAE-held assets and have them enforced by a UAE court. The DIFC Wills Service Centre provides an English-language path to do this from Australia by video call, with no UAE residency requirement.

This guide covers how UAE law applies to Australian-owned Dubai property, what happens with and without a registered UAE will, how the DLD title transfer works, what the official costs are, and what steps you should take now.

UAE Law Applies First

When an Australian Dubai property owner dies, UAE law takes over immediately. An Australian will, a grant of probate, or a solicitor's letter from Sydney has no legal force at the Dubai Land Department. The DLD transfers a title deed only on the authority of a UAE court order from a competent UAE court. This is the starting point for anyone who wants to inherit Dubai property from an Australian relative or protect the right person as a future heir.

Sharia Default Applies

Federal Law No. 28 of 2005 governs inheritance by default. For non-Muslim Australians, Sharia distribution rules apply to UAE-held assets unless a formal legal override is registered in advance. A surviving wife receives one-eighth of the estate where children exist. A son receives double what a daughter receives. An unmarried partner receives nothing.

Without a registered will, the family applies to Dubai Courts and waits for a decree applying the Sharia formula. Uncontested cases take six to eighteen months. Court fees run two to five percent of estate value, capped at AED 100,000. See our guide on buying Dubai property from Australia for ownership context.

2023 Law Reform

Federal Decree-Law No. 41 of 2022, in force from 1 February 2023, changed the position for non-Muslims who want to inherit Dubai property. Article 4 established equal shares between men and women. 

Article 11(1) allows a covered person to direct UAE-held assets to anyone they choose, subject to a registered will. Article 11(3) lets an heir ask the court to apply their national civil law.

Assets Frozen Immediately

When a Dubai property owner dies without a UAE will, all UAE-held assets are frozen until a court succession order is issued. This applies to jointly owned property too. An Australian couple cannot sell or refinance the deceased's share until the court order arrives and DLD registers the transfer.

There is no joint tenancy survivorship rule in the UAE equivalent to Australia's. Every ownership share passes through formal succession. Since January 2026, estates unresolved for twelve months may transfer to the state treasury.

The DIFC Will Option

The DIFC Wills Service Centre, established in 2015, is the most practical option for non-Muslim Australians who own property in Dubai. It operates in English, applies common law principles, and issues wills enforceable through the DIFC Courts. A DIFC will is the clearest way to inherit Dubai property under a registered plan rather than a court-applied default.

What DIFC Covers

A DIFC registered will can cover Dubai real estate, UAE bank accounts, shares in UAE-registered companies, personal effects, and digital assets. It does not cover assets outside the UAE. Abu Dhabi real estate requires a separate Abu Dhabi Judicial Department will.

Outcomes With vs. Without a DIFC Will

Registration costs: A Full Estate Will costs USD 1,400. A Real Property Will costs USD 840. An annual update costs USD 200. Legal drafting by a UAE solicitor typically adds AED 3,000 to AED 10,000.

DIFC Probate Steps

When the testator dies, the named executor applies to the DIFC Courts for probate. Under DIFC Law No. 2 of 2025, issued 3 March 2025, the DIFC Courts enforce registered wills directly without a separate Dubai Courts step. Article 31(5) gives the Enforcement Judge jurisdiction over registered wills regardless of where assets sit. Article 32(A1) makes the order directly enforceable at DLD.

Non-residents register by supervised video call, identity verified by an Australian notary or solicitor. Two adult witnesses who are not beneficiaries are required. Drafting to issued certificate takes one to two weeks.

Plan Ahead Checklist

A registered DIFC will is not the only document needed. Additional steps include the following.

• A separate Australian will must cover Australian-sited property, superannuation nominations, and home-country assets.

• The DIFC will and Australian will can coexist without conflict if each is scoped to its own jurisdiction.

• An outstanding mortgage does not clear on death. The bank requires full repayment before releasing its no-objection letter to DLD.

• Update the DIFC will after marriage, divorce, or the birth of a child.

See our guide on title deeds for Australian buyers in Dubai for the deed details your will should reference.

Dubai Courts Inheritance Process

Whether or not a DIFC will is in place, anyone who wants to inherit Dubai property needs a UAE court order before the DLD will transfer the title deed. For estates without a DIFC will, Dubai Courts is the competent authority. For DIFC will holders, the DIFC probate process runs first and then instructs DLD directly. Knowing what is required in advance makes the process manageable from Australia.

Required Documents

A Dubai Courts inheritance case requires the UAE death certificate, identity documents for all heirs, a family composition certificate, an asset inventory, and a notarised power of attorney if heirs are based overseas. All Australian documents must be authenticated: DFAT apostille, UAE Embassy certification, then MOFA attestation inside the UAE.

Uncontested cases involving one property take six to eighteen months. Contested estates or multiple properties can exceed two years.

DLD Title Transfer

Once the court order is in place, the title transfer runs through the DLD Inheritance Title Transfer service. Documents required at a DLD Trustee Centre:

• Legal notification of inheritance (Dubai Courts decree or DIFC probate order)

• Emirates ID for resident heirs; passport copies for non-resident heirs

• No Objection Letter from the bank if the property is mortgaged

• Official court letter addressed to DLD

Service time after complete submission is 8 working hours. The issued documents are an Electronic Title Deed and map for each heir. See our guide on DLD fees when buying property in Dubai for standard purchase fees.

DLD Fee Schedule

DLD inheritance transfer fees are fixed per property and per document, not scaled to estate value.

DLD Official Inheritance Transfer Fees

The AED 1,000 per property fee applies regardless of which court pathway leads to DLD. The real cost difference between having a DIFC will and not having one sits entirely in the upstream court process.

Choosing the Right Will

Not every Australian reaches the point where they need to inherit Dubai property with a formal plan in place. Three registries exist for non-Muslim foreigners to register a UAE will, each covering a different situation.

Registry Comparison

A DIFC will operates in English, applies common law, and under the 2025 reform is enforceable directly through the DIFC Courts. A Dubai Courts notarised will requires Arabic translation but costs less. An Abu Dhabi Judicial Department will covers only Abu Dhabi assets.

UAE Will Registry Comparison for Australians

All three can coexist, provided each is clearly scoped to its own jurisdiction.

Home Wills Invalid

An Australian will does not give the DLD authority to inherit Dubai property or transfer its title deed. A grant of probate from any Australian court does not unlock a UAE asset. The UAE requires a court order from a competent UAE court, and that is the only document the DLD acts on.

An heir who must inherit Dubai property without a UAE will in place faces a year or more of proceedings before the title deed moves. During that period, the heir cannot sell, register a tenancy, or access rental income. A DIFC will changes that process from an adversarial court application to a straightforward administrative one.

Register at Purchase

Register a DIFC will at purchase, when the title deed details are to hand. Update after marriage, divorce, or the birth of a child. 

If you hold or are applying for a UAE golden visa, your advisor can confirm how residency status affects estate planning.

Cost and Timeline Compared

Understanding the full cost of both paths helps Australian owners and heirs make a clear decision. The DLD fee is fixed at AED 1,000 per property regardless of which route leads there. The real difference lies in the court process upstream.

No Will Costs

Court fees run two to five percent of estate value, capped at AED 100,000, before legal representation and document authentication are added. Total unplanned estate costs run AED 50,000 to AED 200,000+ for straightforward cases and over AED 200,000 for contested ones. The timeline is eight to eighteen months for uncontested, and two or more years for contested.

DIFC Will Costs

With a DIFC will registered in advance, the executor applies for DIFC probate, now directly enforceable at DLD under the 2025 reform. Total settlement costs fall between AED 15,000 and AED 35,000, with a timeline of three to four months.

Full Cost Comparison

Inheritance Cost and Timeline for Australians

A registered DIFC will is the most important step to inherit Dubai property with minimal cost and delay. For Australian tax reporting on Dubai property, see our guide on tax on Dubai property and ATO rules.

Start Your Estate Plan Now

Australians can inherit Dubai property, and the legal process to do it is well-established. The cost of leaving it unplanned is high, and registering a DIFC will is low by comparison. 

Register your interest at Dubai Property Expo and speak with an expert who can guide you through the right steps for your situation.

Frequently Asked Questions Answered

Does an Australian will cover my Dubai property? 

An Australian will is not recognised by the Dubai Land Department or Dubai Courts as authority to transfer a Dubai title deed. The DLD requires a court order from a competent UAE court. An Australian will should cover Australian-sited assets only, and a separately registered DIFC or other UAE will should cover the Dubai property.

What happens to Dubai property if the owner dies without a UAE will? 

Without a registered UAE will, Federal Law No. 28 of 2005 defaults apply, meaning Sharia inheritance rules govern UAE-held assets for non-Muslim foreigners unless heirs apply to Dubai Courts for a national-law alternative. The property is frozen until the court issues a distribution order. Uncontested cases typically take eight to eighteen months.

Can a non-resident Australian register a DIFC will from Australia? 

Yes. Non-residents can register by supervised video call with identity verified by an Australian notary or solicitor. Two adult witnesses who are not beneficiaries are required. Registration from drafting to issued certificate typically takes one to two weeks, with no UAE residency requirement.

What are the official DLD fees to inherit Dubai property?

The Dubai Land Department charges AED 1,000 per property for an inheritance title transfer, plus AED 250 for the title deed. Map fees range from AED 100 to AED 250 by property type. A service partner fee of AED 130 plus VAT applies.

Do both spouses need a DIFC will for joint Dubai property? 

Yes. Each owner's share in a jointly held Dubai property is governed separately under UAE succession law. There is no survivorship right equivalent to Australia's. Each owner should register their own DIFC will specifying how their individual share is to be distributed.

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