For expatriates living in the United Arab Emirates (UAE), drafting a will is not just a legal formality; it’s a crucial step in securing their legacy and ensuring that their assets are distributed according to their wishes. While every aspect of a will is important, one particular element stands out as the most critical when it comes to expat wills in the UAE.
The Most Important Part: Choice of Law
For expatriates in the UAE, the most crucial element of drafting a will is the choice of law that will govern the distribution of their assets. This choice determines whether their assets will be distributed according to the laws of their home country or those of the UAE.
Here’s why the choice of law is paramount:
Dual Legal Systems in the UAE: The UAE operates under a dual legal system. While Sharia law governs family and inheritance matters for Muslims, non-Muslim expatriates have the option to choose the laws of their home country for the distribution of their assets.
Preserving Cultural and Religious Values: The choice of law allows expats to align the distribution of their assets with their cultural or religious beliefs. This is especially important for non-Muslim expats who may wish to allocate their assets differently than what Islamic Sharia law prescribes.
Avoiding Complications and Delays: Opting for the laws of one’s home country can help streamline the asset distribution process and prevent potential disputes or delays that may arise when navigating multiple legal systems.
How to Choose the Applicable Law
Choosing the applicable law for your will in the UAE is a straightforward yet crucial process.
Consult with Legal Experts: Seek legal advice from professionals who specialize in wills and estate planning in the UAE. We can guide you on the best choice of law based on your circumstances and preferences.
Specify Your Choice in Your Will: Clearly state in your will which set of laws you want to govern the distribution of your assets. You can either choose the laws of your home country or the laws of the UAE.
Be Aware of Local Regulations: Keep in mind that the choice of law may have certain limitations and requirements based on local regulations. Your legal advisor will help you navigate these nuances.
Additional Considerations for Expats in the UAE
While the choice of law is the most critical aspect of drafting a will for expats in the UAE, several other factors should also be considered:
- Appointing an executor to carry out your wishes.
- Listing beneficiaries and specifying their inheritances.
- Including contingency plans in case beneficiaries predecease you.
- Regularly updating your will to reflect changes in your circumstances.
For expatriates in the UAE, the most important part of writing a will is the choice of law that will govern the distribution of their assets. By making an informed decision and seeking professional guidance, expats can ensure that their will aligns with their beliefs and provides peace of mind for themselves and their loved ones.
