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How to Ensure that Your Will is Legally Binding

Why Would You Want to Have a Will?

It does not honestly sound appealing when someone opens up a topic about writing a will. But people, who have assets, need to have a will in Dubai to ensure that whatever they want to happen to their possessions would be respected and followed.

This can give the testator’s families to be assured that the succession of assets will be obeyed as per an individual’s will.

The Points You Need to Have in Your Will

1. Executors

A will is not complete without the testator appointing who the executor is. The latter is the person who will execute the will when it is time to do so. This individual is liable for ensuring that all clauses in your will are enforced. It is also the executor’s responsibility to pay off your debts and divide your assets according to your beneficiaries.

2. Beneficiaries

In brief, the beneficiaries that you place in your will are those people who will receive the assets that you will leave behind when an unfortunate event happens to you. For an example, usual beneficiaries are spouse, children, relatives, and friends. There are scenarios wherein people usually choose their spouse to be the sole beneficiary of everything they leave behind. Although this is the case, it can also be part of a will that in the event that a spouse does not make it, the children will have all the assets.

The beneficiaries usually depend on the family situation that a testator has. Some people do not include their spouses or children at all and simply give all their belongings to someone else, such as a friend closed to their hearts. Some jurisdictions might also have certain laws with regard to beneficiaries, and some do not.

3. Guardians

Testators also appoint whom they’d like to act as a guardian to the children whom they’re leaving behind. Usually, a spouse is appointed. In the event that both do not make it, there are alternative guardians who will have to take care of the said children. The guardians who are appointed should be the closest living relatives like a sister, brother, mother, or father.

Make Sure that Your Will is Legal

It is important that you are aware of what you should do for your will in Dubai to be seen as a legal document. You cannot simply expect to have your words printed on a paper and be taken as legally binding when it has not met the legal requirements that are needed for a will to become a legal document.

The following below are the steps for you to ensure that your will is registered and enforceable in the event that it needs to be administered.

1. Prepare your will

A will can be written by either you or your legal consultant in or outside the UAE. Even if it can be so, you should remember that a lawyer who is specifically an expert in this field should take care of this for you. If you still want to write it yourself or someone you know outside the UAE, you should still let it be reviewed by firms that offer will drafting services in Dubai before submitting an application and the will itself to the concerned government department. There can be a lot of repercussions by not having the correct format or legal jargons in your will.

2. Translate your will to Arabic

Documents are mandatory to be translated into Arabic when being passed to the Dubai Courts. The translating center that your documents will go through should also be approved and registered with the Courts and Ministry of Justice.

On the other hand, if you are planning to register with DIFC, you will not need your will to be translated.

3. Register your will

Your will can be registered with the Dubai Courts or the DIFC. A legal consultant or a lawyer can help you with this process.

When your will is registered, it can cover all your assets that are in the country.

4. Last step

After doing the above steps, your wills will be registered and notarized. You will not need to worry about passing further documents because it is done.

Will Drafting Services in Dubai

It is indeed an arduous process to deal with to register a will in Dubai. That is why it is advisable for you to have an expert on your side even before you go through procedures so you will be accurately advised with regard to the law in the country. You can contact HHS Lawyers & Legal Consultants so you can discuss your concerns about writing a will or other legal cases that you may want to understand. Our lawyers are open to speaking with you.

M. Al Khairy, LL.B. 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. Al Khairy 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. Read more