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Wills In Dubai

A valid Will is the most effective way of ensuring your wishes are carried out after your death. Wills in Dubai are made more complex by the array of options available to expats. Whilst there is no fixed format in which a Will must be written, there are legal processes that must be complied with in order for it to be valid.

 

Many people write their own Wills and where circumstances are simple this is often the most cost-effective method. However, life is becoming increasingly complex. For example, couples having different home countries, children by previous marriages, separation, divorce, and assets held in multiple jurisdictions. The UK Government funded website “Moneyhelper.org” recommends expatriates seek professional advice.

 

When approaching an unfamiliar task, such as writing a Will, it takes time to familiarise yourself with what needs to be done and to understand the legal jargon. Even if you wrote a Will several years ago, there will have been changes in legislation and taxation. These changes will need to be researched and considered when writing your Will.

 

The combination of unfamiliarity, jargon and fine detail adds to the risk of potentially getting something wrong and your Will being challenged in court. Consequently, whilst there is a cost in appointing a Will writer, this is a relatively small amount compared to the amount of your time and effort expended; the risk of missing important Estate Planning opportunities and a potential legal challenge to your wishes.

 

Local Considerations

 

From 1st February 2023 new laws have been passed in the UAE which determines how non-Muslim assets within the UAE are to be distributed on the owner’s death.

 

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WHAT HAPPENS IF I DO NOT HAVE A WILL?

In England & Wales, where no Will exists the deceased will be treated as having died ‘intestate’. For assets in the UK, married couples with children have a right to all of their deceased spouse’s personal effects as well as the statutory legacy sum (up to £322,000 from 26th July 2023). If the estate is worth more than the statutory legacy sum, 50% of the excess is passed to the surviving spouse and the remaining 50% is distributed equally between the deceased’s children. This can cause problems. For instance, where the main asset is the matrimonial home and one of the children wants their inheritance causing the property to be sold.

Where there are assets in UAE and there is no Will the situation is complex for expatriates, multiple factors such as family structure, type of asset, and the religion of the deceased are taken into consideration when the courts decide how to distribute the deceased’s assets. Recent changes in federal legislation have sought to improve clarity for non-Muslims and time will tell how each Emirate adopts the federal law.

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