In the UAE, where a civil law system prevails, the need for expatriates to have a will is more than just a recommendation—it’s a necessity to avoid unexpected legal hurdles.
A will acts as a vital document ensuring that an individual’s property, financial assets, and personal items are distributed according to their wishes, not as dictated by law. This document can also include provisions concerning the guardianship of children, which is pivotal for families with young ones in the UAE. A trusted executor can be named to manage the estate, ensuring the will’s proper implementation.
Despite some expatriates believing that their home country’s laws will govern their assets in the UAE, this is a misconception. Without a will, the UAE’s inheritance statutes take over. As a result, bank accounts, gratuities, and other funds might be frozen until legal heirs are identified by the court, a process that can be lengthy and burdensome for the family.
Families with young children face the additional responsibility of planning for guardianship. Without legal guardianship in place, if both parents pass away, local authorities may make decisions regarding the children’s care. By creating a will, parents can nominate a guardian they trust, offering peace of mind. Temporary guardianship provisions can also be designated, allowing a close friend or neighbor to care for children until a permanent guardian arrives from abroad.
The myth that foreign wills are universally accepted in the UAE is misleading. While some foreign wills might be acknowledged, the process is usually protracted. Therefore, crafting a will that aligns with UAE laws is essential for safeguarding property inheritance and guardianship intents.
A comprehensive will should cover not only property but also include bank accounts, investments, savings, life insurance, and personal items like cars. This approach ensures that all assets are accounted for, protecting one’s financial rights and averting future legal conflicts.
Creating a will in the UAE involves seeking legal advice, detailing assets and beneficiaries, appointing an executor, and setting guardianship terms. For a will to be valid, it must be notarized and registered with relevant authorities such as the Dubai Courts or the Abu Dhabi Judicial Department. Regular revisions are advisable, especially when life events such as marriage, divorce, or childbirth occur, to ensure the document reflects current wishes.
Drafting and registering a will in the UAE is relatively affordable, typically costing between AED 3,000 to AED 5,000. Given the potential complications of dying intestate—without a will—these costs are modest for ensuring peace of mind.
To safeguard their future wishes and avoid legal complications, every expatriate in the UAE should consider having a will. This precaution ensures their assets are managed according to their desires and their families are cared for should they pass away. UAE law will apply otherwise, potentially diverging from their intentions.
