Wills

Wills

Having a Will in place in their country of origin is regarded by many Expatriates as essential planning when they move to live and work abroad, offering peace of mind in the event of a tragedy.

However many Non-Muslim Expatriates in the UAE are unaware that in the absence of a legally registered Will in the UAE, the process of transferring assets after death can be extremely time-consuming, costly, and fraught with legal complexity. This could mean that assets accumulated during their time in the UAE may not go to their loved ones as they would have intended.

But I rent my property and have few assets

You may think that you have no assets but have you considered what would happen to:

• Money In bank accounts
• End-of-Service Payments
• Gratuity Payment
• Death in Service benefit
• Investments
• Personal possessions

There is no rule of survivorship in the UAE. Therefore if you have a joint bank account, then on the death of one of the account holders, the bank account will be frozen and funds unattainable until a Court Order is received.

Things to consider

Guardianship

If you have children and have not appointed a guardian for them under the terms of your Will, then it would be at the discretion of the Local UAE Courts as to who would become your child’s guardian and how your assets would be distributed. In such circumstances, local laws would apply.

Executors

An executor is a person named by the testator to carry out the instructions of the Will. The executor’s duties include distributing property to the beneficiaries as designated in the Will, obtaining information of potential heirs, and collecting and arranging for payment of debts of the estate.

Beneficiaries

A beneficiary is a person who is set to inherit from an estate when someone passes away. This might be money, possessions, property, or stocks and shares – anything that the person who has died left behind.

A residuary beneficiary is someone who will receive all or part of an estate after all debts, taxes, and specific gifts have been taken care of.

What can you do?

Registration options

There is a multitude of options for UAE residents and/or individuals owning UAE assets to register both sharia and non-sharia compliant wills. Al Tamimi’s Private Client Services team is experts in guiding individuals on the right option for them to ensure that they have peace of mind and certainty during their lifetime and that their legacy continues beyond their lives. A few of these options are outlined below.

Abu Dhabi Civil Family Court will

The Abu Dhabi Civil Family Court was established in 2021 permits expatriates residing in the UAE testamentary freedom to register wills with regards to their UAE estate as well as to deal with guardianship of minor children, thereby ensuring that an individual’s estate in the UAE will be distributed according to their wishes.

DIFC

The DIFC Wills Service Centre released new rules this year to allow Non-Muslims to include all of their worldwide assets in a DIFC Will. The DIFC Wills Service Centre allows eligible non-Muslim individuals to formally register their English language Wills according to the principles of testamentary freedom, enabling them to choose to dispose of their UAE or worldwide-based assets upon death as they see fit.

Virtual Registrations

All Wills can now be registered virtually through a video conferencing call with the DIFC Wills Service Centre or the Abu Dhabi Civil Family Court. Individuals will be required to upload all documents and ID’s prior to the virtual registration appointment, during which the Authorised Officer will review the Will with the individual, in the presence of the witnesses via video link, and complete the registration formalities.

Sharia-compliant wills

The local courts of the UAE allow Muslims to notarise Sharia-compliant wills before a Notary Public. Such wills are limited to one-third of the testator’s estate and can also include guardianship provisions for minor children.

Why Al Tamimi & Company?

An incorrectly drafted Will can cause many complications after a person has passed away. If the terms of the Will cannot be interpreted correctly, then the Will will be deemed invalid; the person will have passed away without a valid Will, and Sharia Inheritance Rules will apply to their estate. Therefore it is of the utmost importance to instruct a legal professional to draft your Will.

Our specialist Private Client Lawyers at Al Tamimi & Company offer a FREE initial consultation to assist you in effectively registering a Will, to ensure it is legally sound and provides peace of mind to each testator.