Let’s admit- talking about wills isn’t something people enjoy. And when it comes to leaving someone out of one? That’s even harder. But life gets complicated. Maybe there's been a falling out. Maybe someone hasn’t been around for years. Whichever the cause may be, there are cases when individuals are so adamant that they want a part of their property to be given to a certain person and this is perfectly fine.

Nevertheless, you can’t just leave someone out and believe that there will be no further issues in future. Disinheriting someone- especially in a place like Dubai, where civil law and Sharia law often overlap- takes a bit of planning. If you want your wishes to stick, there’s a right (and legal) way to do it.

Let’s simplify this a bit-

What Does Disinheritance Actually Mean?

To disinherit someone is to decide that they will not receive a portion of the assets you intend to leave behind, it is often someone close, like a child or spouse. In many jurisdictions, simply stating it in the will is sufficient. In Dubai, it’s not that simple. Dubai’s local laws, the person’s background, religion, or even nationality often influences how issues are resolved.

Given how complex Dubai laws can be, it is advisable to seek legal counsel when revising or drafting a will.

The Dubai Perspective: Can You Disinherit Someone?

Let’s start with some basics. In the UAE, the default inheritance laws under Federal Law No. 28 of 2005 (Personal Status Law) are based on Sharia principles for Muslim residents. These laws automatically distribute assets among heirs in pre-defined shares. That means unless you take proactive steps, the distribution of your estate may follow those rules-whether or not it aligns with your personal wishes.

Now, here’s where it gets interesting. Non-Muslim residents in Dubai can choose to register a will with either the Dubai Courts or the DIFC Wills Service Centre to override Sharia-based distribution. This gives expats more control over how their assets are passed on.

In simple terms, yes, you can disinherit someone in Dubai, but you must do so in a way that aligns with legal requirements-and that’s where many people get it wrong.

Who Can You Disinherit?

You can disinherit just about anyone from your will-except in certain cases involving statutory or forced heirs (especially for Muslim residents where Sharia law applies). But again, for non-Muslims in Dubai, a will registered with the right authority can usually give you the freedom to decide how your estate is distributed.

The most common cases of disinheritance involve:

• Children (usually due to estrangement or poor financial decisions)
• Spouses (in cases of separation or marital breakdown)
• Siblings or extended family members

However, it is not just about excluding someone. To prevent any possible legal issues or conflicts, it is necessary to be clear and intentional.

How to Legally Disinherit Someone

Here’s the step-by-step approach to doing it the right way:

1. Have a Legally Binding Will in Place

Let us re-emphasize an important point. If you do not draft a will before you die (intestate), your estate will be allocated according to legal stipulations -not your anticipated preferences. To disinherit a person, you have to outline a will that demonstrates your wishes through legal intent.

The DIFC Wills Service Center allows non-Muslim expatriates in Dubai to create a will in English while adhering to common law. This allows to completely specify who gets what and who doesn't.

If you choose to go the Dubai Courts route, you have to adhere to their format and procedure, but this is still a legitimate way to draft a will in Dubai and exercise your intentions.

2. State Your Intent Clearly

Leave no room for doubt. If you are disinheriting someone, say so-explicitly. Use language like:
“I am intentionally making no provision for my [relation], [Name], and I wish that no part of my estate be distributed to them.”

Courts don’t like ambiguity, and vague language could be a basis for legal dispute.

3. Avoid Partial Language or Silence

You can’t just omit someone’s name and expect that to stand. A court might assume you simply forgot, especially if the person is a child or spouse. Be direct, and include a clear explanation.

You don’t have to spill all the emotional details, but stating “for personal reasons” or “due to long-standing estrangement” is often enough.

4. Work With a Legal Professional

This is not the kind of thing you want to DIY. Will drafting, especially when it involves disinheritance, needs to be handled by professionals who understand how to navigate the system. An experienced team of legal consultants in Dubai or a trusted legal firm in Dubai can help you structure your will so that it’s airtight.

Legal professionals will also help ensure your disinheritance clause won’t be challenged later, either on technical grounds or on claims of mental incapacity or undue influence.

What about Spouses and Children?

Spouses and children are typically considered protected heirs under Sharia law, and even non-Muslim expats could face challenges if they try to disinherit close family members without proper legal structure.

In cases involving Muslim residents, full disinheritance may not even be legally possible due to forced heirship rules. This is why seeking advice from Dubai advocates and legal consultant teams is absolutely necessary if you’re planning something non-traditional.

For non-Muslims, registering a will with the DIFC Wills Centre gives you a lot more flexibility-but again, it must be worded properly and signed in the right format.

A Few Considerable Tips

• Communicate your decision (if possible): It might prevent drama later.
• Consider alternatives: Instead of complete disinheritance, consider smaller allocations or setting up a trust with conditions.
• Update your will regularly: Laws and family dynamics change. Your will should, too.

And lastly, don't forget that disinheritance might come with consequences-not just legally, but emotionally for those left behind. Sometimes people disinherit out of anger, but later regret the decision. Others do it with a clear head and firm reasoning. Either way, make sure it’s your choice-and one you’re comfortable with.

Conclusion and Call to Action

If you’re seriously considering cutting someone out of your will, it’s not a decision to rush- especially in Dubai, where the legal setup isn’t always what people expect.

At Alqada Claims Recovery Services, we help people make sense of complicated decisions like this. Maybe you’re reworking your will. Maybe there’s some family stuff that’s gotten complicated. Either way, we’ll help you figure it out- no pressure, and definitely no drowning you in legal talk.

Need to draft a will or make changes to one?

Contact us. We’ll help you sort it out, clearly and carefully.