German Citizen With Property in the UAE? Why Brussels IV Doesn't Solve It, Resident or Not
The EU's Brussels IV regulation decides which country's succession law, German or UAE, a German court applies to your general estate, unless your will explicitly elects German law. Separately, UAE real estate is treated by UAE courts as governed by UAE law regardless of that election, so it needs its own UAE-registered will.
The EU Rule Most German Expats Half-Remember
Many German nationals living abroad have heard of the EU Succession Regulation, often called Brussels IV, which generally points to the law of your last habitual residence for your overall estate unless your will explicitly elects the law of your nationality instead. For a German citizen who has relocated to Dubai or Abu Dhabi, this creates a genuine planning decision: without an explicit election of German law in a will, a German court could, in principle, look to the law of your habitual residence, the UAE, rather than automatically applying German succession law, including the Pflichtteil, the compulsory portion German law reserves for close relatives.
This regulation governs how EU member state courts approach the question. It does not change how a UAE court treats UAE-situated property, that is a separate issue entirely, covered below.
Two Separate Problems, Not One
Problem one: whether German succession law, including Pflichtteil protections for your children or spouse, applies to your overall estate, or whether UAE law does instead, is a Brussels IV question best resolved by explicitly electing German law in a properly drafted will, if that is what you want, rather than leaving it to the default habitual-residence rule.
Problem two: regardless of which law your German will elects for your general estate, UAE real estate is separately treated by UAE courts and land departments as governed by UAE law because of where it physically sits. Electing German law in your German will does not, by itself, guarantee a UAE court or land department will follow that election for the UAE property, this is exactly the gap the UAE's own wills registries exist to close.
What This Means Practically
- Have your German will properly address the Brussels IV election if you want German law, including Pflichtteil rules, to govern your overall estate.
- Separately register a UAE will, through the DIFC Wills Service Centre or the Abu Dhabi Judicial Department's non-Muslim wills registry, both can generally cover UAE property regardless of emirate, specifically for the UAE asset.
- This applies whether you live in the UAE on a residence visa or bought the property from Germany as a non-resident investor, residency does not change which law a UAE court applies to the property itself.
Without Either Document
If neither the Brussels IV election nor a UAE-registered will is in place, your family faces two open questions instead of one: which country's succession law applies to your general estate, and how the UAE court will treat the UAE property absent a document it recognises directly. The UAE's own default framework, historically rooted in Sharia principles, has applied to non-Muslim foreigners' UAE assets in this situation regardless of the owner's home country legal tradition.
This is general information, not legal advice for your situation. The interaction between Brussels IV, German Pflichtteil rules, and UAE property law is genuinely technical, confirm your specific position with a German-qualified notary or estate lawyer and a UAE-licensed lawyer. Vaksy's core focus is Indian law, if you also hold assets or family ties in India, Vaksy can connect you with a verified India-qualified advocate and store your documents in one Vaksy Secure Vault.