UAE Trends and Developments Contributed by: Ildar Yuvakaev, Ruslan Akhmetov, Svetlana Koronova and Sofia Simonova, Consigliere Group
chase rights, and to include continuity mechanisms where governance appointments are not made within prescribed time periods. A UAE estate plan should therefore be asset-specific, not based on one generic will. Family Disputes, Marital Planning and Parentage Family disputes in the UAE often affect private wealth before succession. They may arise from divorce, business assets, spousal financial arrangements, or the legal status of a child. These issues should be checked against the ownership structure, because they may affect distributions, inheritance and control over the business. Since 1 January 2026, Federal Decree-Law No 22 of 2025 has amended the UAE Civil Procedures Law in a way that matters for inheritance-related family dis - putes. Specialist inheritance circuits may hear inherit - ance cases together with connected civil, real estate or commercial claims, and may appoint experts to cor - rect errors or complete missing elements. The amend - ments also tighten appeal formalities and allow the Attorney General to file cassation in specified cases. For Muslim clients, the analysis is based on UAE per - sonal status rules on marriage, maintenance, lineage and inheritance. A marriage contract may regulate certain rights between the spouses, but it should not be treated as equivalent to a common-law prenup - tial agreement. Mandatory family-law and inheritance rules remain relevant, especially where the dispute concerns family status or succession.
For non-Muslim clients, financial arrangements between spouses can be documented more directly, but they should match the way the assets are held. Where shares, real estate or investments are owned through companies, foundations or trusts, the marital agreement should be aligned with the constitutional documents of those structures. Otherwise, the agree - ment may not give the expected protection. Foundations and trusts in the DIFC or ADGM can be useful where the family wants to separate business control from personal matrimonial claims. For exam - ple, a foundation can hold shares in an operating busi - ness, define who controls the structure, and regulate distributions to family members. This could reduce the risk of a divorce dispute turning into a dispute over management of the business. This planning should be done before a conflict arises. A structure created shortly before or during a dispute may be challenged, particularly if it appears designed to move assets away from a spouse or creditor. Parentage should also be addressed expressly. A per - son whom the family treats as a child may not always have automatic inheritance or beneficiary rights under the applicable law. This is particularly relevant for chil - dren born outside marriage, children born through assisted reproduction, and children raised under adoption or foster arrangements. If the intention is to benefit such persons, the will, foundation by-laws or settlement documents should say so clearly.
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