Dubai is still very popular as a place to emigrate. But beware! You are entering a different legal system (Sharia). So it is very important to make a will in case a death should occur. Otherwise, you can have a lot of problems.
A will is really important. Suppose, and this is really true, that both parents perish in the UAE, and you don’t have a will. Then, the children are placed in an orphanage. It then becomes a hassle for the family to repatriate the children to their home country.
But many untruths are being told about making a will in Dubai. Therefore, here is everything in a row!
1. IS A WILL OF YOUR HOME COUNTRY STILL VALID IN THE UAE?
Answer: no.
We can only use a “foreign” will as “backup material” if there is no UAE Will. But the money the testator saved by not having a UAE will draw up has to be paid double and double by the next of kin after death to get probate, and it takes an incredibly long time for a probate to be issued (three to five years is no exception). With an expat Will, there is a direct link between the Will and the probate (the certificate of inheritance). Therefore, it saves a lot of money, uncertainty, and frustration.
2. If I HAVE AN EXPAT WILL AND I OWN A PROPERTY IN DUBAI AND I DIE, DOES MY SHARE IN THE PROPERTY AUTOMATICALLY GO TO MY HEIRS?
Answer: no.
Even if the courts issue a probate, it is not automatic, and various actions must be taken to obtain it.
3. WHAT TYPES OF WILLS EXIST IN THE UAE FOR EXPATS?
3.1. a DIFC Will (is Dubai)
3.2. an ADJD Will (Abu Dhabi)
3.3. a Dubai courts Will.
The DIFC and the ADJD Will are “worldwide” Wills but are only accepted in common law countries (in Europe, this is only the UK), and the Dubai courts Will is just a stamp on any Will, with no testing or registration. The ADJD Will is Bilingual, the Dubai courts Will is Arabic, and the DIFC Will is English.
4. DO I NEED TO AMEND MY WILL IF I APPLY FOR A NEW PASSPORT?
No, that’s not necessary.
5. WHAT IS AN EXECUTOR?
Answer: the executor executes the wishes of the deceased. Usually, you appoint your partner as an executor, but you don’t have to. If your partner is unsuitable, you can appoint someone else.
However, remember that an executor asks a lot, so it is not wise to appoint someone who is old or in poor health.
6. WHAT IS A TEMPORARY GUARDIAN?
Answer: if you have minor children, the temporary guardian is the initial caretaker until the permanent guardian arrives from your home country. So it may be useful to appoint a maid, or a neighbor, or the parents of your children’s friends as temporary guardians.
7. MUST THE TEMPORARY GUARDIAN LIVE IN THE UAE?
Answer: yes.
This is not a legal obligation, but if the temporary guardian lives outside the UAE, he cannot perform his task properly (providing initial care for the children after the death of a parent or both parents). So I recommend searching for temporary guardians who live as close to you as possible.
8. WHAT SHOULD I DO IF THE TEMPORARY GUARDIAN MOVES ABROAD?
Answer: nothing. Usually, you designate several spare temporary guardians. If the first one is unavailable or unreachable, the next person mentioned in the Will becomes the temporary guardian. Once all the temporary guardians no longer live in the UAE, so it is time to have your Will amended.
9. WHAT IS A PERMANENT GUARDIAN?
Answer: that is the “new parent” of your minor or disabled child after the death of one or both parents.
10. DOES MY EXECUTOR HAVE TO LIVE IN THE UAE?
Answer: no, but it is helpful if the Executor has some UAE experience; even though a big chunk of the process can be done online, being an Executor is a heavy burden, specifically if experience in the Emirates is lacking.
11. CAN I HAVE IT WRITTEN IN MY EXPAT WIIL THAT MY SON – IN – LAW OR DAUGHTER- IN – LAW WILL NOT INHERIT ANYHTHING FROM ME?
Answer: Yes. If we do not include someone in the Will, that person does not inherit anything from you, and we can add a provision about the spouses of your children.
12. CAN I HAVE IT INCLUDED IN MY EXPAT WILL THAT ANY NEW SPOUSE CANNOT CLAIM ASSETS AFTER MY DEATH?
Answer: Yes, that can be arranged.
13. IS MY UAE WIL ALSO VALID IN MY HOME COUNTRY?
Answer: An ADJD or DIFC Will is theoretically valid in a common law (UK, USA…, etc.) country, but I recommend having a separate Will draw up in your home country in some cases. So, a UAE will is invalid in a civil law country like France, Italy, etc.…
14. AS A MUSLIM CAN I ALSO HAVE AN EXPAT WILL DRAW – UP?
Answer: yes, only an ADJD will; no DIFC or Dubai courts Will.
15. WHAT IS THE ADVANTAGE OF AN ADJD WILL?
Answer: It is the most affordable expat Will in the UAE, and you can have one as a Muslim.
16. WHAT IS THE ADVANTAGE OF A DIFC WILL?
Answer: you only need one will if you have assets in different (common law) countries.
17. If I FIRST OPTED FOR AN ADJD WILL, CAN I LATER CHANGE IT TO A DIFC WILL?
Answer: you can, but there will be additional charges, as this is a new Will.
18. HOW DIFFICULT IS IT TO AMEND MY WILL?
Answer: The only way to change your Will at ADJD is to register a new Will, and then you will pay the registration fee again.
19. DO I NEED TO MAKE A NEW WILL WHEN I GET MARRIED?
Answer: yes.
20. DO I NEED TO MAKE A NEW WILL IF I DIVORCE?
Answer: yes.
21. DO I NEED A NEW WILL IF WE HAVE MADE AN ADDITIONAL BABY?
Answer: yes.
22. IS IT A PROBLEM THAT MY PARTNER AND I ARE OF THE SAME SEX?
Answer: no, that is no problem at all.
For further questions, contact us at info@dehoon-dhp.com
