Will for Expats in the UAE

People dedicate a significant portion of their lives to working hard and providing for themselves and their loved ones, aiming to create a happy and peaceful future. But have you ever considered what might happen to your family if you were no longer around? It is a difficult thought but safeguarding your family’s future is just as important as providing for them. This is especially true if you are the primary earner.

This is where the importance of making a will becomes clear. A will ensures that your assets are distributed as per your wishes after your demise. These assets mainly include your property as well as finances.

Creating a will is not just a legal formality in the UAE. It is a crucial step in protecting your assets while ensuring respect for your intentions. The legal framework of Dubai is unique. This is particularly for expatriates which makes it essential to have a will in place. Your assets might be distributed in ways that do not align with your preferences when expats do not have a will. You provide clear guidance for your loved ones during what is often an emotionally challenging time by drafting a legally binding will in Dubai.

Why is Writing a Will Essential?

A will is a written document that outlines how your estate should be distributed after your demise. It can be a simple declaration or a more comprehensive document, depending on your circumstances and wishes.

Having a will is especially important if you have dependents like-

• Young children
• Spouse
• Children with disabilities
• Elderly parents

It allows you to specify who should care for your dependents as well as how your inheritance should be allocated. This clarity can make the process of settling your estate significantly easier as well as less stressful for your family.

Even if you’re living independently, a will ensures that those you care about—such as elderly parents or even your pets—are looked after according to your instructions. This will ensure that your wishes will be carried out without unnecessary complications.

It is advisable to consult a lawyer to ensure that your will is legally valid. A will is also a flexible document. It means you can modify it at any moment when there are changes in your circumstances or choices.

Writing a will is an act of care as well as responsibility. It enables you to safeguard your loved ones while also providing them with security. It helps to ensure that they are supported during this difficult time.

Reasons to Register a Will for Expats in the UAE

Avoiding Sharia Law Application

The UAE courts use Sharia law to distribute an estate in the absence of a will. This can lead to asset allocation that does not reflect the expatriate’s preferences, particularly for non-Muslims whose cultural and familial traditions diverge from Sharia rules.

Guardianship of Minor Children

A will allows expatriates with small children to set guardianship arrangements. The courts may decide on guardianship for children without a will. It will potentially lead to judgements that may not reflect the preferences of the parents.

Ensuring Beneficiary Clarity

Wills For Expats specifies how assets should be dispersed among beneficiaries. It will avoid potential family disputes while ensuring that the testator’s desires are followed.

Financial Protection and Security

A registered will ensure that bank accounts as well as other financial assets do not remain frozen for a lengthy period of time after death. This is especially important for joint accounts, which may remain inaccessible until probate proceedings are completed.

Expediting Legal Processes

A will can greatly accelerate the legal processes related to inheritance. The probate procedure can be lengthy as well as complicated without a will. It will result in delays along with added stress for surviving family members.

Comprehensive Estate Planning

A will enables expatriates to include specific provisions for the distribution of all types of assets, including real estate, company ownership, and personal property. This detailed planning ensures that all parts of the estate are managed according to the testator’s wishes.

Key UAE Laws That Shape the Wills for Expats

Several options are available to assist expats with wills in the UAE. The main ones include the following.

• DIFC Wills and Probate Registry: Located in Dubai, Wills Register Dubai provides expats with a way to manage assets without involving Sharia law. It follows international practices to make it suitable for those with complex assets.
• Personal Status Law: Non-Muslims can request that their home country’s inheritance rules apply to their estate while bypassing the default application of Sharia law.
• ADJD Wills Service: This service enables expats to register their wills while ensuring their wishes regarding asset distribution are respected.
• Abu Dhabi’s Non-Muslim Personal Status Law: This law offers expats the flexibility to address wills and other personal matters, such as marriage and guardianship, under a more adaptable legal framework.
• Civil Transactions Law: This law applies to inheritance matters when no will is registered which may result in asset distribution that does not match personal preferences.

Types of Wills Expats Can Use in the UAE

The type of will you choose depends on your location as well as specific requirements. Here are the main options.

Local Court Wills

These wills are often more affordable and are available across various emirates. However, Sharia principles may apply unless explicitly stated otherwise.

DIFC Wills

Ideal for non-Muslim expats with assets in Dubai or Ras Al Khaimah, these wills are internationally recognised and allow you to bypass Sharia law.

ADJD Wills

Designed for non-Muslims in Abu Dhabi, this option ensures you have control over how your assets are distributed.

Do You Have to Register a Will in the UAE?

In the UAE, registration of will in Dubai is not mandatory. However, it is strongly advised for expatriates residing in the UAE or owning movable or immovable property there to register a will. This includes assets as well as bank accounts within the UAE. Doing so helps prevent legal complications for your heirs after your passing while ensuring a smoother process for asset distribution.

Without a properly drafted will, the UAE’s inheritance laws may apply, which could impact how your assets are distributed and even the guardianship of your minor children. It is important to note that those inheritance laws might not extend to your UAE-based assets even while you may already have a will covering assets in your home country. To safeguard your property and ensure your wishes are honored, having a registered will in the UAE is essential.