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Drafting Wills and Trust Agreements

Drafting wills and trust agreements are essential to estate planning, enabling individuals to protect their assets and ensure the smooth transfer of wealth to their chosen beneficiaries. In the United Arab Emirates (UAE), the legal framework for wills and trusts has significantly changed in recent years, providing individuals with more flexibility and options.

At HHS Lawyers, we understand the importance of ensuring your assets and legacy are protected and distributed according to your wishes. Our team of experienced estate planning lawyers in Dubai is dedicated to providing comprehensive and personalized services to meet all your needs. With our expertise in drafting wills and trust agreements, we are here to guide you through the process, ensuring peace of mind for you and your loved ones.

The Importance of Wills

A will is a legal document specifying how a person’s assets and properties should be distributed after death. The UAE will play a critical role in ensuring that an individual’s wishes are honored, and their loved ones are provided for. Without a valid will, the distribution of assets will be subject to the laws of Shariah (Islamic law) or local inheritance laws, which may not align with an individual’s preferences.

To draft a will in the UAE, specific requirements must be met. 

  • The testator (the person making the will) must be of sound mind,
  • at least 21 years old, and
  • have the capacity to understand the implications of their decisions.

It is advisable to seek the assistance of a legal professional with expertise in UAE law to ensure the will complies with all legal requirements and is valid.

It is essential to clearly state the intentions regarding the distribution of assets, appoint executors, and name guardians for minor children in the will. A carefully drafted will help avoid potential disputes among family members and provide a smooth transition of assets.

You may want to know: About DIFC Wills for Property

Understanding Trust Agreements

While wills are widely recognized and used for estate planning, trust agreements are gaining popularity in the UAE. A trust is a legal arrangement in which a person, known as the settlor, transfers assets to a trustee to hold and manage for the benefit of beneficiaries. Trusts offer several advantages, including asset protection, tax planning, and flexibility in managing and distributing assets.

In the UAE, trusts are primarily governed by the Abu Dhabi Global Market (ADGM) and the Dubai International Financial Centre (DIFC) laws. These jurisdictions provide a comprehensive legal framework for creating and administering trusts, offering individuals greater control over their assets and the ability to protect their wealth for future generations.

Drafting trust agreements requires careful consideration of the settlor’s intentions, the choice of trustees, and the beneficiaries’ needs. Legal advice ensures the trust agreement adheres to local laws and achieves the intended objectives.

The Importance and Scope of Our Services:

  1. Protecting Your Assets

Estate planning services are crucial for safeguarding your hard-earned assets and ensuring they are distributed according to your wishes. By creating well-drafted will and trust agreements, you have control over who receives your property, minimizing the risk of disputes or unintended beneficiaries. This allows you to provide for your loved ones, protect vulnerable family members, and support charitable causes close to your heart.

  1. Avoiding Intestacy Laws

Without a valid will, the distribution of your assets will be subject to intestacy laws, which may not align with your desires. By engaging our services, you can ensure your assets are distributed per your instructions rather than relying on default legal provisions. This can help prevent unnecessary delays, confusion, and potential conflicts among your heirs.

  1. Minimizing Estate Taxes

Proper estate planning can minimize the impact of estate taxes, ensuring more of your assets pass to your intended beneficiaries. Our lawyers have extensive knowledge of tax laws and can strategize to mitigate potential tax liabilities. Through various techniques such as gifting, charitable planning, and trusts, we can help maximize the value of your estate and preserve your wealth for future generations.

  1. Protecting Vulnerable Beneficiaries

If you have minor children or dependents with special needs, estate planning becomes even more critical. By designating guardians and establishing trusts, you can ensure the well-being and financial security of your loved ones in the event of your incapacity or passing. Our services include creating special needs trusts and other mechanisms to protect vulnerable beneficiaries, providing them with the necessary support while maintaining eligibility for government benefits.

  1. Business Succession Planning

For business owners, estate planning extends beyond personal assets. It involves developing a comprehensive succession plan to facilitate the smooth transfer of ownership and management of your business. Our lawyers can assist you in creating buy-sell agreements and family limited partnerships or other structures that align with your goals and protect the long-term viability of your business.

  1. Peace of Mind and Family Harmony

By engaging our estate planning services, you can enjoy peace of mind knowing that your wishes will be carried out and your loved ones will be well taken care of. Clear instructions and properly executed legal documents can help minimize potential conflicts and prevent family disputes. You can spare your family the burden of making difficult decisions during emotional times, allowing them to focus on supporting each other and grieving.

What You Must Know- Civil Will for Muslims in the UAE

Our Estate Planning Services:

  1. Will Drafting 

A will is a crucial legal document that outlines your wishes regarding the distribution of your assets, the appointment of guardians for minor children, and other essential matters. Our skilled lawyers will work closely with you to understand your unique circumstances and objectives, ensuring your will is customized to reflect your specific wishes. We will meticulously draft and review your will, incorporating provisions that protect your interests and minimize potential disputes.

  1. Trust Agreement Creation

Trusts offer a versatile and effective way to manage and protect your assets. Our lawyers will provide expert advice on the types of trusts available and help you choose the most suitable option for your needs. Whether you require a revocable living trust, irrevocable trust, special needs trust, or any other type, we will carefully draft the trust agreement, ensuring it complies with applicable laws and safeguards your assets for future generations.

  1. Estate Planning Consultation

Our team recognizes that every client has unique circumstances and goals regarding estate planning. We offer personalized consultation services to assess your current situation, discuss your objectives, and provide expert guidance on the best strategies to achieve your desired outcomes. Whether you need assistance with tax planning, asset protection, or charitable giving, our lawyers will develop a tailored estate plan that aligns with your wishes and optimizes your financial well-being.

  1. Probate and Estate Administration

Dealing with the probate process and estate administration can be complex and time-consuming. Our dedicated lawyers will navigate you through these intricate procedures, ensuring a smooth and efficient transfer of assets to beneficiaries. We will handle all legal aspects, including filing necessary documents, resolving disputes, managing creditor claims, and addressing any challenges that may arise during the probate process.

  1. Estate Dispute Resolution

In the unfortunate event of a dispute arising from an estate, our experienced litigation team is well-equipped to represent your interests. We have a strong track record in handling estate disputes, including contested wills, trust litigation, beneficiary claims, etc. Our lawyers will diligently pursue the most favorable outcome for you, striving to resolve conflicts through negotiation, mediation, or, when necessary, aggressive courtroom advocacy.

Why choose HHS Lawyers in Dubai?

  • Expertise and Experience: Our lawyers possess in-depth knowledge of UAE laws and regulations related to wills and trusts. With years of experience in estate planning, we provide reliable advice and top-notch legal services.
  • Personalized Approach: We understand that estate planning is a personal matter. We take the time to understand your specific requirements, tailoring our services to meet your needs and objectives.
  • Professionalism and Confidentiality: At HHS Lawyers, we adhere to the highest professional standards, ensuring the confidentiality of your personal information and maintaining strict client-attorney privilege.
  • Client Satisfaction: Our primary goal is client satisfaction. We strive to exceed your expectations by delivering exceptional service, clear communication, and timely execution of your estate planning requirements.

Take the first step Towards Securing Your Legacy:

Contact HHS Dubai Lawyers today to schedule a consultation with our esteemed estate planning lawyers in Dubai. We are here to answer your questions, address your concerns, and guide you through estate planning. Safeguard your assets and ensure a smooth transition for your loved ones with our comprehensive and reliable legal services.

Hazim Darwish

Hazim Darwish, is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Hazim Darwish also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators.