FAQ

A Will, also known as a Last Will and Testament, is a legal document that outlines a person’s wishes and instructions regarding the distribution of their assets, properties, and possessions after their death. It serves several important purposes:

Asset Distribution
A Will specifies how the deceased person’s assets, including money, real estate, investments, personal possessions, and valuable items, should be distributed among beneficiaries or heirs.

Guardianship
If the deceased has minor children, a Will can designate a legal guardian to care for them in the event of the parents’ death. This ensures the well-being of the children and can prevent custody disputes.

Executor Appointment
A Will typically names an executor, also known as a personal representative, who is responsible for carrying out the deceased person’s wishes as outlined in the Will. This includes managing the estate, paying debts and taxes, and distributing assets to beneficiaries.

Funeral and Burial Instructions
Some Wills contain instructions regarding funeral arrangements, such as burial or cremation preferences, religious ceremonies, or memorial service details.

Debt Handling
A Will can address how the deceased person’s debts and liabilities should be settled from their estate’s assets.

Charitable Donations
Some individuals use their Wills to make charitable donations or bequests to specific charities, organisations, or causes.

Contingency Planning
A Will can include provisions for what should happen if beneficiaries or heirs predecease the testator (the person creating the Will). It can also address other contingencies, such as the sale of specific assets.

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It’s important to note that a Will only become legally effective after the person who created it passes away. Until that time, the individual retains full control over their assets and can modify or revoke the Will as they see fit, provided they are mentally competent.

Without a valid Will, a person’s estate is distributed according to the laws of intestacy or succession in their jurisdiction, which may not align with their wishes. Therefore, creating a Will is an essential step in estate planning to ensure that one’s assets are distributed as intended and to provide clear instructions for the management of one’s affairs after death.

Creating a Will is a crucial part of estate planning. While it’s possible to create a simple Will on your own, it’s often advisable to consult with a legal expert or use professional estate planner to ensure your Will complies with the laws in your jurisdiction and accurately reflects your wishes. Here’s a general overview of how to make a Will:

1. Determine Your Assets
List all your assets, including real estate, bank accounts, investments, personal possessions, and any other valuable items you want to include in your Will.

2. Select Beneficiaries
Decide who will inherit your assets. This may include family members, friends, charities, or organisations.

2. Appoint an Executor
Choose someone you trust to be the executor of your Will. This person will be responsible for carrying out your wishes, managing your estate, and distributing assets to beneficiaries.

4. Include Guardianship Provisions (if applicable)
If you have minor children, specify who you want to be their legal guardian in the event of your death.

5. Consult an Attorney (Recommended)
While it’s not mandatory to use an attorney, consulting with one can help ensure your Will is legally sound and complies with local laws. Attorneys can provide valuable advice, especially if your estate is complex or if you have concerns about potential challenges to your Will’s validity.

6. Draft Your Will
There are several options for drafting your Will:

• Using a Will Template: You can find Will templates online or in stationery stores. These can be a helpful starting point for creating your Will, but they should be customised to fit your specific needs.
• Hiring an Attorney: If you choose to work with an attorney, they will draft your Will for you, ensuring it meets all legal requirements.
• Using Estate Planning Software: Specialised software can guide you through the process of creating a Will, ensuring it is legally valid.

7. Be Clear and Specific
Your Will should clearly specify how you want your assets to be distributed, who your beneficiaries are, and any conditions or instructions for distribution. Ambiguity can lead to disputes.

8. Sign Your Will
Most jurisdictions require a Will to be signed in the presence of witnesses. The number of witnesses and specific requirements vary by location. Typically, witnesses must be unrelated to you and not beneficiaries in the Will.

9. Keep Your Will Safe
Store your Will in a safe and accessible place. Inform your executor and a trusted family member or friend of its location. Some people choose to keep their Will with their attorney or in a secure bank vault.

10. Periodically Review and Update
Life circumstances change, so it’s important to review and update your Will as necessary. This could include changes in your family situation, financial status, or asset ownership.

11. Consult Legal Professionals (Optional)
If you have a complex estate, own property in multiple jurisdictions, or have concerns about taxation, it’s wise to consult financial advisors and estate planning attorneys to ensure your Will aligns with your broader financial goals.

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Creating a Will is a responsible step in planning for your family’s financial future and ensuring your assets are distributed according to your wishes. It’s crucial to consult with legal professionals or use reliable estate planning resources to ensure your Will is legally valid and comprehensive.

While owning a house is a significant factor to consider when creating a Will, it’s not the sole reason to do so. Having a Will is essential for various other reasons, regardless of whether you own a house. Here are some key considerations:

Asset Distribution
Even if you don’t own real estate, you likely have other assets such as bank accounts, investments, personal possessions, vehicles, and valuable items. A Will allows you to specify how you want these assets to be distributed among your beneficiaries.

Personal Possessions
You may have sentimental or valuable personal possessions, such as jewellery, artwork, family heirlooms, or collectibles. A Will allows you to designate who should inherit these items.

Minor Children
If you have minor children, a Will is crucial for designating a legal guardian. This ensures that, in the event of your death, your children are cared for by someone you trust.

Executor Appointment
A Will allows you to name an executor who will handle the administrative tasks of settling your estate, including paying debts, filing taxes, and distributing assets. This can greatly simplify the process for your loved ones.

Avoiding Intestacy Laws
Without a Will, your estate will be subject to the laws of intestacy or succession in your jurisdiction. These laws determine how assets are distributed, and the results may not align with your wishes.

Minimising Family Conflicts
A clear and legally valid Will can help prevent disputes among family members or potential beneficiaries, ensuring a smoother transition of assets.

Charitable Bequests
If you have a favourite charity or because you’d like to support after your passing, a Will allows you to make charitable donations or bequests.

Pets
If you have pets, a Will can include provisions for their care and designate someone to be responsible for their well-being.

In summary
Owning a house is just one aspect of estate planning, and a Will addresses a wide range of considerations beyond real estate. Even if you don’t own a home, creating a Will is a responsible step in ensuring that your wishes are honoured, your assets are distributed as you intend, and your loved ones are provided for according to your preferences.

It’s advisable to consult with an attorney or use reliable estate planning resources to create a Will that meets your specific needs and complies with local laws.

Yes, you can include funeral wishes in your Will. In fact, many people choose to do so to ensure that their funeral arrangements are carried out according to their preferences. Including funeral instructions in your Will can help provide clarity to your loved ones during an emotionally challenging time and ensure that your wishes are respected.

Here are some common funeral-related instructions you can include in your Will:

Burial or Cremation
Specify whether you prefer to be buried or cremated.

Funeral Service Details
You can outline your preferences for the type of funeral service you want, including religious or non-religious ceremonies, specific readings, songs, or rituals you would like to be part of the service.

Location
Indicate where you would like your funeral service to take place, whether at a church, funeral home, or another location.

Burial Location
If you choose burial, specify the cemetery or burial plot where you would like to be interred.

Casket or Urn
If you have a preference for the type of casket or urn, you can include this in your instructions.

Memorial Contributions
If you would like donations to be made to a specific charity or organisation in your memory, you can mention this in your Will.

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It’s important to communicate your funeral wishes to your loved ones and the executor of your Will, as they may need to act quickly after your passing. While including funeral wishes in your Will is a valuable step, it’s also a good practice to have a separate conversation with family members or a trusted individual to ensure that your wishes are well-understood and can be carried out promptly.

Additionally, keep in mind that the legal validity of funeral instructions in a Will may vary by jurisdiction, so it’s advisable to consult with an attorney to ensure your wishes are legally enforceable and compliant with local laws.

The mental capacity to make a Will, often referred to as “testamentary capacity,” is a crucial aspect of creating a legally valid Will. It ensures that the person making the Will (the testator) has the mental and legal capacity to understand the implications of their decisions and that they are making the Will of their own free will. Here are some key points to consider regarding mental capacity when making a Will:

Sound Mind and Understanding
To make a valid Will, the testator must generally have a “sound mind” or “testamentary capacity.” This means they should have the mental ability to:

• Understand the nature and extent of their property and assets.
• Comprehend the beneficiaries who will inherit their assets.
• Understand the implications of including or excluding specific individuals or entities from the Will.
• Be free from any delusions or mental disorders that could affect their decisions.

Voluntary Decision-Making
The testator’s decision to create a Will must be voluntary and free from undue influence or coercion. They should make their decisions based on their own preferences and not be pressured or manipulated by others.

Witnesses
Most jurisdictions require that a Will be witnessed by individuals who can attest to the testator’s mental capacity and the fact that they signed the Will willingly. Witnesses are typically unrelated to the testator and should be of legal age.

Medical Assessment
In some cases, if there are concerns about the testator’s mental capacity or if there is a history of cognitive impairment, it may be advisable for the testator to undergo a medical assessment. This assessment can help establish their mental capacity at the time of making the Will.

Documentation
While not always mandatory, it can be beneficial to document the circumstances surrounding the Will’s creation, especially if there are concerns about mental capacity. This documentation can include written statements from witnesses and, if applicable, medical assessments.

Legal Advice
Seeking legal advice from an attorney experienced in estate planning and Will drafting is advisable. An attorney can help ensure that the Will is created in compliance with local laws and can provide professional guidance on matters of mental capacity.

Challenges to Capacity
If there are doubts about the testator’s mental capacity at the time of making the Will, it can lead to challenges or disputes after their passing. These challenges may result in the Will being contested in court.

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Ensuring that the testator has the mental capacity to make a Will is essential to prevent future legal complications and disputes among beneficiaries. If there are concerns about mental capacity, it is advisable to consult with an attorney who can provide guidance on the best course of action, which may include medical assessments or other measures to establish capacity.

For expatriates living in the United Arab Emirates (UAE), having a Will is of paramount importance due to several unique factors and legal considerations. Here’s why expats should prioritise creating a Will in the UAE:

Differing Legal Systems
The UAE has its legal and inheritance system, which is influenced by Islamic law (Sharia). These laws can differ significantly from the legal systems in expatriates’ home countries. Without a Will, expatriates may find that their assets are distributed according to UAE laws, which may not align with their wishes or the laws of their home country.

Choice of Heirs
Expatriates often come from diverse cultural backgrounds and may have different views on inheritance than the UAE’s default laws. A Will allows expatriates to choose their heirs and specify the distribution of their assets according to their cultural, religious, or personal preferences.

Protection of Minor Children
Many expatriates in the UAE have minor children. Creating a Will enables parents to appoint legal guardians for their children in case of their demise, ensuring their well-being and upbringing according to the parents’ wishes.

Control Over Assets
A Will grants expatriates control over their assets, allowing them to specify who should inherit their property, bank accounts, investments, and personal possessions. This control ensures that assets are distributed as intended, rather than being subject to the default laws of the UAE.

Avoiding Family Disputes
A well-drafted Will can help prevent conflicts and disputes among family members over the distribution of assets. It provides a clear and legally binding document that minimises the potential for disagreements.

Executor Appointment
Expatriates can appoint an executor in their Will, someone they trust to handle their estate’s administration, settle debts, and distribute assets. This simplifies the process for beneficiaries and ensures that affairs are handled correctly.

Tax Considerations
Expatriates may have complex financial situations, including assets in multiple countries. A Will can include strategies to minimise tax implications, potentially reducing the tax burden on beneficiaries and ensuring that assets are passed on as efficiently as possible.

Business Interests
For expatriates who own businesses or have business interests in the UAE, a Will can address the succession or continuation of their business after their passing, ensuring business continuity.

Peace of Mind
Creating a Will provides peace of mind, knowing that your affairs are in order and that your loved ones will be taken care of according to your wishes, even if you are far from your home country.

Legal Requirements
The UAE recognises foreign Wills, but it is advisable to have a Will that is legally compliant with UAE law to ensure a smooth and straightforward probate process.

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Given the diverse expatriate population in the UAE and the complexities of international estate planning, it is highly recommended that expatriates consult with an attorney who is knowledgeable about UAE laws and experienced in creating Wills for expats. This ensures that their Will is legally valid, compliant with local regulations, and effectively addresses their unique circumstances and preferences.

In the United Arab Emirates (UAE), there are different types of Wills that individuals can consider creating based on their specific circumstances and needs. Here are the primary types of Wills in the UAE:

Notarised Will (Registered Will)
This is the most common type of Will in the UAE. A notarised Will is created by an individual and then registered with the Dubai Courts or relevant authorities in other emirates. It is typically used for the distribution of assets located in the UAE. Notarised Wills are suitable for both Muslims and non-Muslims.

DIFC Wills
The Dubai International Financial Centre (DIFC) has its own legal framework for wills and probate matters. DIFC Wills allow non-Muslim expatriates to create Wills that govern the distribution of their assets located in Dubai and Ras Al Khaimah. These Wills are registered with the DIFC Wills and Probate Registry.

Sharia-Compliant Will
Sharia law governs inheritance matters for Muslims in the UAE. A Sharia-compliant Will allows Muslims to specify the distribution of one-third of their assets (known as the “wasiyya”) while the remaining two-thirds follow the rules of Islamic inheritance. This type of Will can be created through the UAE’s Personal Status Courts.

Joint Wills
Joint Wills are created by a married couple together. They specify how their assets should be distributed after the death of both spouses. This type of Will is less common but can be used if both spouses have identical wishes regarding asset distribution.

Holographic Will
A holographic Will is entirely handwritten by the testator (the person creating the Will) without the need for witnesses or notarisation. While recognised in some jurisdictions, the acceptability of holographic Wills in the UAE can be uncertain, and it is generally advisable to create a notarised or registered Will for greater legal certainty.

Mirror Wills
Mirror Wills are often used by couples who want to create nearly identical Wills, leaving their assets to the same beneficiaries. These Wills are usually separate documents but have parallel provisions.

Living Will (Advance Healthcare Directive)
Although not a traditional Will for asset distribution, a Living Will allows individuals to specify their medical treatment preferences and end-of-life decisions in case they become incapacitated and unable to make healthcare choices.

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It’s essential to consult with a legal expert or an attorney experienced in UAE’s laws and estate planning when creating a Will. This ensures that the Will aligns with your specific needs, complies with local regulations, and provides clear instructions for asset distribution or other wishes you may have. Additionally, keep in mind that the availability and acceptability of certain types of Wills may vary by emirate or jurisdiction within the UAE, so it’s important to seek local guidance.

A Single Will, often simply referred to as a “Will,” is a legal document that outlines an individual’s wishes regarding the distribution of their assets and the management of their affairs after their death. It is a fundamental component of estate planning and is designed to ensure that a person’s assets are distributed according to their preferences and that their instructions.

A Single Will is called so because it is created by an individual for their own estate planning needs. In contrast, a Joint Will is a less common type of Will created by a married couple together, often specifying that they leave their assets to the same beneficiaries.

A Mirror Will is a type of Will that is commonly used by couples, typically spouses or partners, who want to create nearly identical Wills, leaving their assets to the same beneficiaries or following a similar distribution plan. Mirror Wills are individual documents, one for each person, but they have parallel provisions that reflect the wishes of each party. In essence, one person’s Will “mirrors” the others.

Key features of Mirror Wills include:

Parallel Provisions
The content of the Mirror Wills is very similar or identical. This means that both Wills specify the same beneficiaries, assets, and distribution instructions.

Joint or Mutual Beneficiaries
Typically, Mirror Wills name the surviving spouse or partner as the primary beneficiary. In the event that both individuals pass away simultaneously or within a short period, secondary beneficiaries or contingencies are specified.

Executors
Each Mirror Will may name different individuals as executors, the persons responsible for administering the estate. However, they often appoint each other as executors in their respective Wills.

Guardianship of Children
If the couple has minor children, the Wills can also include provisions for the appointment of guardians in case both parents pass away.

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Mirror Wills are designed to provide a straightforward and harmonious approach to estate planning for couples who share similar wishes regarding the distribution of their assets. They are particularly common among married couples or long-term partners who have a mutual desire to ensure that their assets go to the same beneficiaries, often to their surviving spouse or children.

Probate is a legal process that occurs after an individual (the decedent) passes away. It involves the validation of the decedent’s Will (if they had one) and the distribution of their assets to heirs or beneficiaries as specified in the Will or, in the absence of a Will, according to the applicable laws of inheritance (intestacy laws).

If you have a Will that was created in your home country, and you are currently residing in the United Arab Emirates (UAE), there are several important considerations to keep in mind:

International Validity
Your Will from your home country may still be valid in the UAE, but its recognition and enforceability can depend on various factors, including the laws of your home country, the laws of the UAE, and the specific provisions of your Will.

Legal Review
It is advisable to have your foreign Will reviewed by a legal expert in the UAE who is knowledgeable about local laws and the legal requirements for recognising and enforcing foreign Wills. This review can help determine whether your Will is legally sufficient in the UAE or if any amendments or additions are needed.

Language and Translation
If your Will is in a language other than Arabic, it may need to be translated into Arabic to be accepted in the UAE. This translation should be done by a certified translator to ensure accuracy.

UAE-Specific Assets
If you have assets in the UAE, such as property or bank accounts, it is advisable to have a separate UAE Will or a specific provision in your existing Will that addresses the distribution of these UAE-based assets. UAE laws and procedures may apply to these assets, and local authorities may require a UAE-specific document.

Witnesses and Signatures
Ensure that your foreign Will complies with the witnessing and signature requirements of the UAE. Different jurisdictions have different rules regarding the number and qualifications of witnesses, and these requirements may need to be met for the Will to be recognised.

Executor
Consider whether the executor named in your foreign Will is able and willing to fulfil their duties in the UAE. If not, you may need to designate a local executor or representative.

Local Legal Advice
Consult with a local attorney or legal expert in the UAE who specialises in estate planning and probate matters. They can provide guidance on how to ensure that your foreign Will aligns with local laws and requirements.

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It’s important to note that the recognition and enforcement of foreign Wills can be a complex legal matter, and the specifics can vary depending on your nationality, the country where the Will was created, and the laws of the UAE. To ensure that your estate planning is in order and your wishes will be honoured in the UAE, it is highly advisable to seek professional legal assistance. An attorney experienced in international estate planning can help you navigate the legal complexities and make any necessary adjustments to your existing Will to ensure its validity and effectiveness in the UAE.

Assets that are typically passed in a Will can vary widely depending on an individual’s financial situation, family structure, and personal preferences. However, there are several common types of assets that are often included in a Will for distribution to beneficiaries or heirs. These assets may include:

Real Estate
This includes residential properties, vacation homes, rental properties, land, and commercial real estate.

Personal Property
Personal possessions such as jewelry, artwork, furniture, antiques, collectibles, vehicles, and other tangible items.

Bank Accounts
Savings accounts, checking accounts, certificates of deposit (CDs), and other financial accounts held in the decedent’s name.

Investments
Stocks, bonds, mutual funds, and investment accounts.

Retirement Accounts
Assets held in retirement accounts like 401(k)s, IRAs (Individual Retirement Accounts), and pension plans, which may have named beneficiaries.

Life Insurance
The death benefit from life insurance policies for which the decedent named beneficiaries.

Business Interests
If the decedent owned a business or had an ownership stake in a partnership or corporation, their share or interest in the business may be distributed.

Digital Assets
In the modern era, digital assets like websites, domain names, cryptocurrencies, and online accounts may be included.

Intellectual Property
Rights to patents, copyrights, trademarks, and royalties from creative works.

Debts Owed
Assets may include amounts owed to the decedent, such as outstanding loans, mortgages, or promissory notes.

Cash and Investments
Cash on hand, stocks, bonds, and other investment holdings.

Trust Interests
Interests in trusts, whether as a beneficiary or grantor, may be specified in the Will.

Household Effects
Everyday items such as household appliances, electronics, and furniture.

Safe Deposit Box Contents
Contents of a safe deposit box, if applicable.

Personal Loans
Any loans or debts that the decedent made to others may be included.

Animals and Pets
If the decedent had pets, they may make provisions for their care and welfare.

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It’s important to note that not all assets are typically passed through a Will. Some assets are structured to bypass the probate process and are distributed directly to named beneficiaries. These assets include life insurance policies with designated beneficiaries, retirement accounts with named beneficiaries, and assets held in living trusts. Therefore, it’s important to review all of your assets and ensure that they align with your estate planning goals, including those passed through your Will and those that pass through other means.

Additionally, consulting with an attorney or estate planning professional is advisable to ensure that your Will accurately reflects your wishes and is legally valid and enforceable.

Yes, it is possible to withdraw or revoke your Will in the United Arab Emirates (UAE) if you decide to make changes to your estate planning or no longer want the existing Will to be in effect. Revoking a Will is a legal process, and it’s important to follow the appropriate steps to ensure that your intentions are clear and legally recognised. Here’s how you can withdraw or revoke your Will in the UAE:

Create a New Will
If you want to revoke your existing Will and replace it with a new one, you can do so by creating a new Will that explicitly revokes all previous Wills. The new Will should contain a clause that clearly states the revocation of all previous Wills and their provisions.

Destroy the Existing Will
Physically destroying the existing Will is one way to revoke it. This can be done by tearing it up, shredding it, or otherwise making it unreadable. This should be done in the presence of witnesses to document the revocation. Keep in mind that destroying a Will does not revoke any copies made or stored elsewhere, so it’s important to update all copies and notify relevant parties.

Written Declaration
You can also revoke your Will through a written declaration or codicil (an amendment to your Will) that specifically states your intention to revoke the previous Will. This written declaration should be signed, dated, and witnessed according to legal requirements.

Oral Revocation
While it is generally advisable to revoke a Will in writing to avoid potential disputes, some jurisdictions may recognise oral revocation if certain conditions are met. However, this approach is riskier and less secure than a written revocation.

Consult with an Attorney
To ensure that your revocation is legally valid and follows UAE’s legal requirements, it is advisable to consult with an attorney or legal expert who specialises in estate planning and wills. They can guide you through the process and help you draft any necessary documents.

Notify Relevant Parties
If you had previously provided copies of your Will to your attorney, family members, or others, it is essential to notify them of the revocation to prevent any potential confusion or disputes.

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Remember that making changes to your Will, including revoking it, should be carefully considered and done with the guidance of legal professionals to ensure that your intentions are clear and legally binding. It’s also a good practice to periodically review and update your Will to reflect any changes in your circumstances, such as changes in family structure, assets, or preferences.

As of September 2021, the United Arab Emirates (UAE) does not impose a federal inheritance tax on the assets passed to beneficiaries upon an individual’s death. The UAE, along with several other Gulf Cooperation Council (GCC) countries, does not levy inheritance taxes or estate taxes.

However, it’s important to note that local rules and regulations may change, and tax laws can be subject to updates and revisions. Therefore, it’s advisable to consult with a legal or tax professional in the UAE or check with local authorities for the most up-to-date information regarding inheritance tax or estate tax laws, as well as any potential changes in the future.

While there is no inheritance tax in the UAE, it’s worth considering that other countries may have their own tax laws that could apply to assets located outside the UAE or to individuals who are not residents of the UAE but have assets in the country.

If you have assets in multiple jurisdictions or complex financial circumstances, it’s recommended to seek professional guidance to understand the potential tax implications and to engage in proper estate planning to manage your worldwide assets effectively.

Writing a will in UAE may affect the Distribution of real estate in the country.

Writing a Will in the United Arab Emirates (UAE) can significantly affect the distribution of real estate in the country. UAE inheritance laws are influenced by Islamic Sharia law, and they govern how real estate and other assets are distributed among heirs in the absence of a Will. However, creating a Will allows you to deviate from these default laws and specify your preferences for the distribution of your real estate and other assets. Here are some key points to consider regarding the impact of writing a Will on real estate distribution in the UAE:

Deviation from Sharia Law
UAE’s default inheritance laws, based on Sharia principles, stipulate specific rules for the distribution of assets, including real estate. If you want to distribute your real estate differently from what Sharia law dictates, you should create a Will that clearly outlines your wishes.

Choice of Heirs
Sharia law prescribes a fixed distribution of assets among heirs, with certain shares allocated to specific family members. Writing a Will allows you to choose your heirs or beneficiaries and specify how your real estate should be divided among them.

Equal Shares vs. Specific Bequests
While Sharia law typically prescribes equal shares for heirs, a Will enables you to make specific bequests. For example, you can leave a particular property to a specific beneficiary, even if it does not align with the equal distribution required by Sharia law.

Appointment of Legal Guardians
If you have minor children who will inherit real estate, you can use your Will to appoint legal guardians who will manage the property on their behalf until they reach the age of majority.

Foreign Ownership
If you are a non-UAE national and own real estate in the UAE, your Will can address the distribution of this property, ensuring that it passes to your chosen beneficiaries rather than being subject to local inheritance laws.

Avoiding Disputes
Creating a Will that clearly outlines your wishes for real estate distribution can help prevent disputes among heirs and provide clarity on how your property should be managed and distributed.

Multiple Properties
If you own multiple properties in the UAE, your Will can specify which beneficiaries should receive each property, taking into account your overall estate planning goals.

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It’s important to consult with a legal expert or an attorney in the UAE who specialises in estate planning and is knowledgeable about local laws. This will help ensure that your Will is legally valid, compliant with UAE regulations, and effectively addresses your preferences for the distribution of real estate and other assets. Regularly reviewing and updating your Will as your circumstances change is also important to ensure that it remains current and reflects your current intentions.

If your Will is registered with the Notary Public, the provisions of the UAE Civil Code (Code) will apply to your estate in the UAE. Article 17(5) of the Code states that the laws of the UAE shall apply to the Wills made by aliens disposing of their real property in the UAE. A conservative interpretation of this would mean that the deceased local law will only apply to the moveable assets in the UAE.

The distribution of real estate in the United Arab Emirates (UAE) is subject to specific laws and regulations, including those influenced by Islamic Sharia law. The distribution process can vary depending on whether the decedent (the person who passed away) had a valid Will or not.

Here are the key points to understand about the distribution of real estate in the UAE:

With a Valid Will (Testate Succession)
If the decedent had a legally valid Will in the UAE, the distribution of real estate will generally follow the instructions and provisions outlined in the Will. The Will may specify the beneficiaries and the manner in which real estate should be distributed. The appointed executor (personal representative) is responsible for overseeing the distribution according to the Will’s terms.

Without a Valid Will (Intestate Succession)
In the absence of a valid Will, UAE’s inheritance laws will come into play. These laws are influenced by Islamic Sharia principles and dictate how assets, including real estate, are distributed among heirs. Here are some key points regarding intestate succession:

Surviving Spouse and Children: In many cases, the surviving spouse is entitled to a share of the real estate, with the remaining portion being distributed among the children. The exact distribution may vary depending on factors such as the number of children and other circumstances.

Other Heirs: If there are no surviving children, the real estate may be distributed to other family members, such as parents or siblings, according to specific rules outlined in UAE law.

Equal Shares: Sharia law often prescribes equal shares for heirs, with some exceptions for spouses and other specific cases.

Non-Muslims: Non-Muslim expatriates may have the option to choose the inheritance laws of their home country rather than UAE’s Sharia-based laws. This choice typically needs to be specified in a valid Will.

Joint Ownership: If the real estate is jointly owned with another person (e.g., a spouse), the co-owner’s rights and the method of distribution can depend on the type of joint ownership. Common forms of joint ownership include joint tenancy and tenancy in common, each with its own rules for survivorship and distribution.

Legal Proceedings: The distribution of real estate, especially in the absence of a Will or in complex situations, may require legal proceedings in the UAE’s courts. Legal procedures may be necessary to determine the rightful heirs, resolve disputes, and ensure a proper distribution.

Foreign Ownership: Non-UAE nationals who own real estate in the UAE should consider the impact of local laws on the distribution of their property. Creating a valid Will that addresses the distribution of real estate in the UAE can provide more control over the process.

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It’s essential to consult with a legal expert or an attorney in the UAE who specialises in estate planning and inheritance matters to ensure that you understand how real estate distribution will be handled in your specific circumstances. They can help you create a Will or navigate the legal process, if necessary, to achieve your intended distribution of real estate in compliance with UAE laws.

Probate is the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased person’s property under a valid will. Probate assistance entails guiding individuals or families through this intricate process, providing support and expertise every step of the way.

Estate planning is a multifaceted endeavor that involves various legal considerations. Whether you’re creating a will, establishing trusts, or navigating complex probate procedures, seeking professional guidance is essential to ensure your wishes are accurately reflected and legally enforceable.

The provisions of your Will is immediately change after your marriage is dissolved. Any property you left in your Will to your ex-spouse (before divorce) will be considered as if they died when your Marriage officially dissolved. Consequently, anything (property) they were supposed to inherit would be passed on to the next eligible beneficiary, according to Will’s provisions.

If you have given your whole property in the name of your ex-spouse with no other beneficiaries specified in the Will, your property at the time of divorce would be treated as if you died without a valid Will (known as dying “intestate”).In such situation the law will decide who gets what, if you failed to make a new Will.

In the UAE, the laws regarding wills and their validity can vary depending on factors such as nationality, religion, and residency status. However, under the UAE Civil Code (Federal Law No. 5 of 1985), marriage can have implications for the validity of a will.

According to Article 172 of the UAE Civil Code, marriage can potentially revoke a will made prior to the marriage, unless the will explicitly contemplates the marriage and its consequences. This means that if you create a will before getting married and do not include provisions addressing the impact of your marriage on the will, the marriage may invalidate the will.