Dear YOU (yes, YOU! I am talking to you).

As your family, investments, and life expand across countries, one quiet risk also grows in the background: what actually happens if you pass away without a clear estate plan?

At Dawia Family Office, we see a similar pattern among many of our clients:

• A successful, non-Muslim entrepreneur or investor,
• One legal spouse and one or more long-term partners,
• Children and step-children (including adopted children) in several countries,
• Properties, companies, and bank accounts spread across Africa, Europe, the Middle East, and the Americas.

No two families are the same, but the legal challenges they face without a plan are surprisingly similar. This note is meant to give you a simple, honest picture of what happens in that case, and what can be done now to protect everyone.

1. There is no global “remote control” for your estate

When someone like you passes away, there is no single global court that steps in to manage everything.

Instead, several different legal systems may get involved at the same time:

• The country where you are legally resident or domiciled
• Each country where you own real estate
• Each country where you hold significant bank accounts, companies, or investments

Each of these places may open its own succession or probate file, asking the same basic questions:

1. Which law applies to your estate (local law? your home country’s law?)
2. Who qualifies as your heirs under that law?
3. How should your assets be shared between them?

If your family is spread out and not coordinated, different branches may answer these questions differently, and sometimes in conflict with each other.

2. How do heirs “prove” they are heirs?

Courts do not guess. They rely on documents and sworn statements, such as:

• Death certificate
• Marriage certificate of the official/legal spouse
• Birth certificates of children
• Adoption orders or certificates for adopted children
• Any divorce or separation documents
• Sometimes paternity evidence if there is a dispute

In complex families, not everyone knows everyone else. It is quite common for:

• One branch to open a case in one country without mentioning the others,
• Another branch to appear later with their own documents,
• And the proceedings to be partially reopened or challenged.

You never truly “prove there are no other heirs” worldwide. You simply show the court that you have made reasonable disclosure, and you accept the risk that someone may appear later.

3. What this means for Dubai assets in particular

Because many of our clients hold real estate in Dubai, especially off-plan properties, there are a few specific points to understand.

a. Dubai real estate follows Dubai law and procedures

In general:

• Dubai real estate (including freehold, long-term leasehold, and off-plan units) is dealt with under UAE and Dubai law, applying Dubai’s own conflict-of-law rules.
• Dubai Courts (or DIFC Courts if there is a DIFC Will) will issue an inheritance or probate order for UAE assets.
• The Dubai Land Department (DLD) will only transfer property or off-plan interests to heirs once they receive:
  • A valid court order naming those heirs, and
  • The necessary developer approvals (for off-plan/leasehold units).

b. The contracts do not die with you

In the Sale & Purchase Agreements (SPAs) we have reviewed recently, a few themes repeat:

• The “Purchaser” is defined to include heirs and personal representatives.
  → In other words, your heirs step into your place in the contract.
• If instalments are not paid on time, the developer is entitled to:
  • Charge late payment penalties, and
  • Eventually terminate the contract and retain a significant portion of what has already been paid, after following the RERA/DLD procedure.
• We have not yet seen any standard SPA that says:
  • “If the buyer dies, instalments are automatically frozen,” or
  • “Penalties are automatically waived.”

So, from the developer’s point of view, nothing changes by itself when you pass away.

Your estate or heirs inherit:

• The rights (the future apartment, long-term lease, or villa), and
• The obligations (all remaining instalments, service charges, and penalties if payment is late).

Whether they can actually keep the asset then depends on:

• How quickly they can obtain a court order,
• Whether they can keep up with instalments during that time, and
• How flexible or compassionate the developer chooses to be.

4. What can go wrong if there is no plan?

In a family with multiple partners, many children, and assets in several countries, the main practical risks are:

• Delays:
  Months or even years before anyone has a clear mandate to act for the estate.
• Conflicting stories:
  Different branches of the family may present different versions of:
  • who the heirs are;
  • who the “main” spouse or partner is;
  • which children should inherit, especially if some are adopted or born outside marriage.
• Frozen or cancelled assets:
  In Dubai, if instalments are missed while the family is still organizing itself, developers may treat the estate as in default, apply penalties, and eventually cancel contracts, keeping part of the funds paid.
• Multiple legal battles:
  Parallel claims in Africa, Europe, the Middle East, and the Americas, each using its own law and its own view of the family tree.
• Damaged relationships:
  Children or partners who barely know each other may meet for the first time in court, already in conflict.

None of this is inevitable, but it is what typically happens when someone with a complex private life dies without a clear, enforceable framework.

5. What a good plan looks like for someone in your position

For a global, non-Muslim, multi-country family, a robust plan usually includes:

1. Wills in the right places
   • A properly drafted will in your main country of residence / citizenship, and
   • A UAE-compliant will (often through the DIFC or local courts) that clearly covers your Dubai assets.
2. A clear view of who you want to recognize as heirs
   • Including biological, adopted, and step-children where appropriate.
   • If there are long-term partners who you wish to protect, this needs to be structured explicitly; the law will usually not “guess” your intentions.
3. A rational holding structure
   • Instead of owning 15 assets in 6 countries in your personal name, you might own shares in one or more holding entities.
   • This often makes it easier to control succession and to avoid multiple parallel court proceedings.
4. Liquidity to service obligations
   • Off-plan payment plans and long-term leases do not pause automatically.
   • It is wise to ensure there are liquid assets or insurance earmarked to:
     • Cover instalments for a defined period after your death, and
     • Pay taxes, fees, and professional costs associated with the estate.
5. Basic family governance
   • A simple written framework that:
     • Identifies the key family members you recognize,
     • Explains who should be involved in decisions, and
     • Sets expectations for transparency and communication.

6. How Dawia can support you

We do not replace specialist lawyers in each jurisdiction, but we can:

• Map your current global asset and family structure in a clear way.
• Identify the jurisdictions that matter most for succession (home country, UAE, main investment hubs).
• Introduce you to trusted legal and tax advisers in those places.
• Ensure that your Dubai SPAs, title deeds, and leases are aligned with the estate plan (or at least that the risks are clearly understood).
• Maintain a confidential file with the key documents so your family is not starting from zero if something happens.

If you would like, we can schedule a dedicated session to:

• Walk through your current structure,
• Identify the most urgent risks (especially around Dubai real estate and payment plans), and
• Define a simple roadmap for putting a proper plan in place with the right experts.

Contact us today.