A will is a document that specifies how a person’s property and other assets will be divided after his or her death. It guarantees that property, financial resources, and personal items are distributed in a way that is consistent with the wishes of the individual and not as per the provisions of law.
In addition to the provision for the disposition of property, a will can also contain provisions for the custody of children, appointing a trusted person to take care of the children in case both parents die. It can also name an executor, the person who will manage the estate and make sure that the will is implemented properly.
A well written and signed will is less likely to cause legal problems, and it also helps to avoid problems that could arise among the loved ones in the process of claiming assets. In the UAE, it is especially important for expats to have a will to make sure that their wishes will be fulfilled and enforced.
Why Do You Need a Will in the UAE?
Some of the expatriates in the UAE do not see the need to make a will because they think the laws of their home country will apply to their properties and guardianship of children. However, failing to have a legally recognized will in the UAE can lead to unexpected legal complications.
Consequences of Not Having a Will
- The UAE has a civil law system which means that the inheritance is provided for by the laws of the country unless there is a will to govern the inheritance. In case of death, all the assets like bank accounts, gratuity and other money related benefits may be frozen until the owner’s legal heirs are identified by the court. This is usually a time consuming process and hence a burden to the family.
- Additionally, without a properly registered will, local inheritance laws may override an expat’s intentions, for example with regard to guardianship of children and the distribution of assets. This can affect the distribution of property, bank accounts and other assets to the surviving family.
Why Guardianship Planning Is Essential
- Expatriate families with young children in the UAE should have a very clear guardianship plan in place. If both parents die and there is no legal guardianship in place, local authorities may intervene to decide who will take care of the children.
- A will is used to nominate a legal guardian, so that children are looked after by someone the parents trust.
- Moreover, it is possible to use a temporary guardianship document. This document enables a close friend or neighbor to act as a temporary guardian until a permanent guardian comes from another country.
Some of the Myths About Foreign Wills
One of the most common misconceptions that expatriates have is that a will that has been signed in their home country is valid in the UAE. Some foreign wills are valid and can be accepted by the UAE courts but the process is lengthy.
This means that without a local will there are legal consequences in inheriting property or even naming a guardian. This is why lawyers recommend expatriates to make a will that complies with the UAE laws in order to avoid future problems.
What Kinds of Assets Should Be Covered by a UAE Will?
A will is not only for those who own a property within the country. It should also cover other financial assets such as:
- Bank accounts
- Investments and savings
- Life insurance claims
- Gratuity from employers
- Cars and other personal items
It is only when all the assets are incorporated in a legally binding will that the expatriates can reconcile for the protection of their financial rights and avoid future legal confusions.
How to Make a Legal Will in the UAE?
- Get Legal Advice – It is recommended to seek the advice of a lawyer when writing a will in the UAE.
- List All Assets and Beneficiaries – It should be stated in detail how the property should be passed on.
- Nominate an Executor – This person will manage the estate and make sure that the will is executed as required.
- Guardianship Provisions – Parents should provide for the care of their children in case something happens to them.
- Register the Will – A will has to be notarized and registered at the appropriate authorities like the Dubai Courts or the Abu Dhabi Judicial Department to be considered as valid.
You may need to know: Inheritance rule applicable to the non-Muslim expats in UAE
The Reasons Why Wills Should Be Revised from Time to Time
As we know, life is not always the same and a will should be changed whenever there is a change in life. Some events that may happen in a person’s life such as marriage, divorce, child birth or acquisition of new assets should make one review his or her will. This ensures that the document is updated, reflects an individual’s current wishes and avoids legal disputes in the future.
How Much Does It Cost to Draft a Will in the UAE?
Getting a legally binding will in the UAE is a simple and inexpensive process. The cost of drafting and registering a will usually range between AED 3,000 and AED 5,000. For more accurate cost it is advisable to consult professionals. Considering the issues that can occur in the event of dying without a will, this is a relatively small price to pay for peace of mind.
Conclusion
This article aims to establish that every expatriate living in the UAE and owning some assets needs to have a will to ensure that his or her assets are well managed after death and the family is well taken care of. This is because if someone dies without a will, then the UAE law on inheritance will be used which may not be what the deceased had in mind.
You may want to know: Non-Muslim expats: How to get a will for assets in the UAE
What HHS Lawyers in Dubai Can Do for You
HHS Lawyers in Dubai is a legal firm that offers writing and notary services in the UAE. They have a team of legal practitioners who will assist you through the whole process to ensure that you are within the laws of the country. If you require a will or if you require amendments to an existing will, HHS Dubai Lawyers is well positioned to assist you in protecting your interests.
Get in touch with HHS Lawyers in UAE today and protect your family with a legally binding will in the UAE.
