Your UAE Bank Balance Won’t Automatically Go to Your Family After You

When an account holder in the UAE passes away, their family cannot automatically access the funds in their bank account. Whether the account is individual or joint, banks are legally required to freeze it immediately once notified of the death. Withdrawals or transfers are not permitted until the courts complete the inheritance process and issue a succession order.

 

This legal requirement often catches families off guard. Many assume that a surviving spouse, child or joint holder can continue using the account, only to discover that access is blocked until formal probate proceedings are concluded. The freeze remains in place to ensure that the deceased’s assets are properly identified, liabilities cleared and rightful heirs determined.

 

Why Accounts Are Frozen

Under UAE law, a person’s assets cannot be distributed automatically after death. The absence of an automatic right of survivorship means that neither a nominee nor a joint holder inherits the balance without a court order. The entire account -- even if jointly held -- is frozen to protect the interests of all legal heirs and creditors.

 

Article 379 of the UAE Commercial Transactions Law requires surviving joint holders or heirs to notify the bank within ten days of the death. Once notified, the bank must prevent withdrawals until ownership rights are established by the court. This framework is designed to maintain legal certainty and prevent unauthorised access to funds during the inheritance process.

 

Inheritance Without a Will

If the deceased leaves no registered Will in the UAE, the division of assets is determined by personal status laws. For Muslims, distribution follows Shariah principles. For non-Muslims, Federal Decree-Law No. 41 of 2022 on Civil Personal Status applies, allowing the surviving spouse to inherit half the estate, with the remainder divided equally among the children.

 

Even in such cases, the family must obtain a court-issued succession certificate or inheritance order before funds can be released. This involves submitting a death certificate, identification documents for heirs, marriage or birth certificates, and proof of assets. Documents issued outside the UAE must be legally attested and translated into Arabic. Depending on the complexity of the estate and availability of documents, the process can take several months.

 

Legal Recourse and Preventive Steps

A registered Will is the only reliable means of ensuring that assets can be accessed without undue delay. Wills recognised by UAE courts -- such as those registered through the Abu Dhabi Judicial Department or the DIFC Wills Service Centre -- enable heirs to obtain court orders more quickly and distribute assets according to the deceased’s instructions rather than default inheritance laws.

 

Residents with assets in multiple countries are advised to have separate Wills for each jurisdiction to avoid conflicts between legal systems. If death occurs abroad, the death certificate must be attested by the UAE embassy and the Ministry of Foreign Affairs before being submitted to a local court. Until this process is complete, the deceased’s UAE bank accounts remain frozen.

 

Financial and Practical Implications

The freezing of accounts can cause significant hardship for families, particularly when the deceased was the primary income earner. Without access to the funds, they may face difficulties meeting rent, school fees or daily expenses. Although the law prioritises fairness and legal protection, the lack of a registered Will can extend the waiting period substantially.

 

Joint accounts and nominee designations, often assumed to provide protection, do not guarantee immediate access. Banks treat the entire balance as part of the deceased’s estate, subject to judicial determination.

 

Planning ahead by registering a valid Will ensures that funds, property and other UAE assets can be transferred efficiently and in accordance with the deceased’s wishes. It also spares families months of uncertainty and financial strain at a time when stability matters most.

 

In the UAE, a person’s wealth does not automatically pass on after death. Only a legally recognised Will ensures that their money reaches the intended hands -- rather than remaining locked in a frozen account awaiting a court order.

 

 

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