Common Mistakes to Avoid When Making a Will in UAE

Making a will is one of the most important estate planning tasks for any individual, especially for expats residing in the United Arab Emirates (UAE). However, drafting a will here can be complex due to specific regulations around inheritance and succession under Sharia law. Without proper guidance, people risk making certain common errors that could nullify the will or lead to serious disputes later on. Although we recommend consulting with a will registration lawyer but this article will provide you an overview of key mistakes that should be avoided when creating a will in the UAE along with potential solutions.

Importance of Making a Will in UAE

UAEhas a large expatriate population from countries around the world. For foreign nationals with assets and property, having a valid will is crucial to ensure their final wishes are followed and their heirs receive legal rights. A will clearly delineates distribution of assets as per UAE inheritance framework for non-Muslims. It appoints guardians for minors, arranges care for dependents, and donates to charity if desired. Even with just bank balances and financial investments, nominating legal beneficiaries through a will can prevent lengthy court procedures later. Overall, crafting a customized will allows peace of mind that the estate will be handled as per directives after death.

1.  Lack of Understanding of UAE’s Legal System

A major issue that leads to problems with wills in UAE is failing to understand key aspects of the UAE’s civil law system derived from Islamic Sharia law. Unlike common law jurisdictions, UAE has specific regulations around inheritance, succession, and legal rights that must be considered.

For instance, under Sharia law, forced heirship rules dictate that only one-third of the estate can be freely allocated to beneficiaries through a will. The remaining two-thirds gets distributed as per Sharia guidelines among legal heirs like children, parents etc. Cross-border estates with assets in multiple countries also have to follow specific UAE protocols.

Moreover, UAE allows special provisions like establishing corporate wills, charitable trusts, conditional transfers that enable efficient estate planning. However, without knowing correct procedures, the desired goals may not materialize. For example, many expatriates incorrectly assume providers or partners can inherit assets if named in the will, which contradicts existing regulations.

Overall lack of knowledge around these unique considerations applicable to wills and testaments in UAE lead to substantial problems later – from ambiguous asset distribution, inheritance disputes to even complete revocation of the will. Hence, it is vital to study the UAE legal system or consult a lawyer before drafting one

2. Not Clearly Identifying Beneficiaries and Assets

Failing to clearly identify beneficiaries who will inherit assets and what those assets are is another huge downfall while creating a will in UAE.

2.1. Importance of Clearly Identifying Beneficiaries and Assets

Correctly designating legal heirs along with details of property, finances, and possessions that they will receive enables smooth execution of estate distribution after demise. Any ambiguities in terminology or asset listings make it possible for intended recipients to get deprived. It also opens doors for relatives to contest and dispute the will provisions later on, creating family feuds.

2.2. Common Issues with Vague Language

Language that is unclear, contradictory or confusing when mentioning beneficiaries and assets frequently renders will clauses ineffective. For instance, using descriptions like “my dear friend” or “partner” instead of their legal name and identification proof make assets non-transferrable under UAE inheritance law.

Similarly, listing assets generically as “bank balances” without provider details and account number makes accessing them complicated. Not specifying shares of other heirs alongside the primary person’s allocation also increasingly sparks quarrels and claims from family members later. Using conditional phrasing, unclear instructions for trustees, amended distribution after certain time period etc. also backfire due to linguistic discrepancies.

3. Ignoring Sharia Law Requirements

One of the key aspects that makes drafting wills unique in the UAE is the influence of Sharia regulations on all inheritance-related matters. As per principles of Islamic law, forced heirship and mandatory distribution supersede any will provisions or intentions. For instance, only one-third of the estate can be freely allocated through a will while the rest gets distributed as per Sharia guidelines among legal Muslim heirs.

3.1. Importance of Ensuring Compliance

Thus, overlooking mandatory Sharia regulations while writing wills or trying to override them leads to automatic annulment under UAE law. Aspects like witnesses, divisions among children, shares for parents/siblings if no kids exist, exclusion of non-Muslim/non-legally wedded partners from inheritance etc. must strictly adhere to Sharia compliance. Seeking legal counsel to ensure the will appropriately includes Islamic heirship principles and allotments as per UAE law is highly advisable for all. Non-compliance will likely lead to extensive legal disputes and rejection of the will post-death.

4. Failure to Notarize or Register the Will Properly

For a will to be considered legally valid in the UAE, it must be notarized and registered with the correct authorities. Notarization involves formal witnessing by a licensed notary public along with verifying identities and capacities of the testator and beneficiaries. Registration of the will includes submitting it to the Dubai Courts or Ministry of Justice for inclusion in their central registry.

4.1 Consequences of Non-Compliance

Without proper notarization, the will remains invalid under UAE inheritance law and cannot be executed. Even with witnesses present, lack of notary verification makes the will void legally after death. Similarly unregistered wills have no authority and cannot transfer listed assets to intended heirs. Banks, financial institutions etc. will not accept them for transactions or access. This situation often results in assets automatically getting frozen or being transferred to state ownership. Family disputes, property grabbing by extended members or other fraudulent claims also rise multi-fold due to absence of a verified legal will.

5 Not Seeking Professional Legal Advice

One of the biggest yet common pitfalls while planning wills in the UAE is failing to utilize services of professional legal practitioners well-versed with local laws and protocols. Creating a customized will that efficiently achieves financial and inheritance planning goals without conflicts requires in-depth expertise around complex regulations.

Experienced lawyers specializing in Dubai or UAE probate, wills and estate planning enable tailored drafting aligned to a person’s family structure. They incorporate essential clauses, avoidance of vague terminology, optimal asset distribution across heirs, executors/guardians for dependents etc. while also ensuring Sharia compliance. For example, having a background checks for criminal cases in Dubai or any other cases  may be prudent when appointing executors to ensure there are no past legal issues that could complicate matters later on. Using legally trained advisors well informed about recent changes in will regulations also provides necessary dynamism to respond to any evolving scenarios in the future.

Seeking reputed advisory right from conceptualization considerably lowers risks of procedural violations, unambiguous asset transfers to future generations along with reducing family disputes stemming from inheritance matters later on. Hence utilizing targeted legal know-how is an indispensable investment while planning wills under UAE law.