What is the purpose of a Will, what does it involve, and why is it necessary to have one for UAE expatriates?

‘‘If you do not have a Will or plan for your estate, then the government has one for you.’’ - Shez Christopher

A will, also known as a last will and testament, is a legal document that sets forth a person's wishes regarding the distribution of their assets and the care of their minor children after their death. A will allows a person to designate who will receive their property and assets, appoint an executor to carry out their wishes, and nominate a guardian for any minor children. If a person dies without a will (intestate), the situation leaves your assets up to state laws. Without a will, your assets may not be distributed according to your wishes, which could potentially cause disputes among your loved ones.

The Rising Demand for Wills: A Global Perspective

Drafting wills has been a practice that dates back thousands of years. The concept of distributing one's property after death can be traced back to ancient civilizations such as the Babylonians, Egyptians, Greeks, and Romans.

In ancient Rome, the concept of a will was known as a testamentum, which allowed individuals to dictate how their property should be distributed upon their death. The Roman legal system included specific laws governing the creation and execution of wills.

In medieval Europe, the practice of drafting wills became more formalized and regulated. The Church played a significant role in overseeing the distribution of property through wills, as individuals were often encouraged to leave a portion of their estate to the Church.

With the growth of trade and commerce in the Renaissance era, the importance of wills as a means of passing down wealth and property to heirs became more pronounced. The rise of the middle class led to an increased need for individuals to create wills to ensure their assets were distributed according to their wishes.

In the modern era, the drafting of wills has become a standard practice for individuals seeking to manage their estate and provide for their loved ones after their passing. Today, wills are typically drafted with the assistance of legal professionals to ensure that they are legally sound and reflect the testator's intentions accurately.

Overall, the history of drafting wills reflects the evolution of societal norms and legal systems surrounding the inheritance of property. The practice of drafting wills has evolved over time to become a vital tool for individuals to protect and distribute their assets for future generations. In the UK for instance, the National Will Register has over 10 million Wills in the system which may be accessed.

Wills of UAE Expatriates: A Decision to Safeguard Family Beyond One's Lifetime

Drafting a will is important for anyone, regardless of their location or circumstances. However, as an expat living in the UAE, it becomes even more crucial to have a will in place to secure your assets for your family members according to your wishes. This is because the laws and regulations governing inheritance in the UAE may differ from those in their home country. In the UAE, property is divided among heirs based on Sharia law principles. These principles allocate specific shares to each heir, with male heirs typically receiving twice the percentage of female heirs. Spouses, children, and parents are primary beneficiaries, with exact allocations varying based on the deceased's family structure and relationships.

It is pertinent to mention here that in order to encourage more people to lay roots in the Emirates and to bolster foreign investment, the country introduced sweeping legal reforms (Article 17 of Federal Decree Law No. 30 of 2020) for expatriates to draw up wills based on laws in their home countries, and in the absence of a will, Shariah law will not ipso facto apply in non-Muslim inheritance cases.

Let's dive into a real-world scenario and unpack it together

If a UAE expat dies intestate (without a will) and is survived by a spouse and children, then, as per Shariah law, half of the estate will go to the surviving spouse, and the other half will be equally divided among the children, irrespective of the gender.

If there is no surviving child, half of the estate will go to the surviving spouse, and the other half will be divided equally between the parents of the deceased.

“The clearer a will is, the faster and less complicated its implementation will be.”

By having a will in place, either registered at DIFC Courts or Dubai Courts’ notary public, expats in the UAE can ensure that their assets are protected and passed on to their chosen beneficiaries. This can provide peace of mind for them and their loved ones and help avoid potential legal complications in the future.

Additionally, a will provides peace of mind for both you and your family by clearly outlining how your assets should be distributed, preventing potential disputes and ensuring your loved ones are financially taken care of.

Having a Will also helps avoid delays and complications in the probate process in the UAE, making it easier for your family to access their inheritance. It also allows you to designate a guardian for minor children, ensuring they are cared for by someone you trust.

For Muslims, it is important to consider Sharia law when drafting a will in the UAE to ensure assets are distributed in accordance with Islamic principles.

It is advisable for expats in the UAE to seek the guidance of legal professionals who specialize in wills and estate planning to help them create a comprehensive and legally binding will. This can help ensure that their assets are protected and distributed according to their wishes, giving them peace of mind and security for the future.

Overall, drafting a will as an expat in the UAE is essential to protect your assets and provide for your family members according to your wishes. By taking the time to create a will, you can ensure that your loved ones are taken care of and that your assets are distributed as you see fit.