Succession law in Malta follows EU norms; in the UAE, Sharia-based rules can apply by default unless a client actively opts into a different framework. We plan succession structures, including Sharia-compliant options, so that inheritance actually follows a family's intentions.

Succession law in Malta follows EU norms; in the UAE, Sharia-based rules can apply by default unless a client actively opts into a different framework in advance. Harry Reynolds and our private client team plan succession structures, including Sharia-compliant options where appropriate, so that inheritance actually follows a family's genuine intentions rather than whichever jurisdiction's default rules happen to apply.

This distinction matters enormously in practice. A family that assumes Maltese-style testamentary freedom will govern the distribution of UAE-situated assets can be genuinely surprised, often only after a death has already occurred, that a different set of rules applied by default. Proper advance planning is the only reliable way to avoid this outcome.

This page covers how we approach cross-border succession and inheritance planning specifically between Malta and the UAE, and the questions families raise most often as they plan for this reality.

Malta And UAE Succession Planning

Malta's Civil Code gives testators considerable freedom to determine how their estate passes, subject to reserved portion protections for a surviving spouse and children. We structure Malta successions to make full, deliberate use of this flexibility while still respecting the reserved portion rules that cannot be contracted around.

For UAE assets, particularly where a client is a non-Muslim expatriate, we advise on and implement the civil succession election now available in several emirates, which allows a testator to opt out of default Sharia-based distribution and instead have their estate distributed according to the terms of their own will, provided the election and the will itself are properly executed in advance.

Sharia-Compliant Estate Structuring

For clients who prefer, or for whom it is required, that their estate be distributed according to Sharia principles, we structure succession plans that properly reflect those principles while still addressing the practical cross-border reality of assets and family members located in Malta, the EU, or elsewhere. This is a genuine area of technical specialism, not simply a default applied in the absence of other instructions.

Trust And Foundation-Based Succession

Malta trusts and DIFC or ADGM foundations offer an alternative to a straightforward will-based succession, allowing assets to pass according to the trust or foundation's own terms rather than through the standard probate process in either jurisdiction. For families with more complex holdings, multiple beneficiaries, or a wish for more control over how and when beneficiaries actually receive their inheritance, these structures frequently offer a more reliable and flexible outcome than a will alone.

Cross-Border Probate Coordination

Where a death has already occurred and a family needs to administer an estate spanning both jurisdictions, we coordinate the probate or succession administration process across both, working with Maltese courts and notaries and UAE succession authorities as needed, so a family isn't left managing two entirely disconnected, and potentially conflicting, administration processes on their own during an already difficult time.

Frequently Asked Questions