{"id":7029,"date":"2024-02-27T10:46:00","date_gmt":"2024-02-27T06:46:00","guid":{"rendered":"http:\/\/gccexchange.com\/blog\/?p=7029"},"modified":"2024-02-27T15:47:47","modified_gmt":"2024-02-27T11:47:47","slug":"common-mistakes-to-avoid-when-making-a-will-in-uae","status":"publish","type":"post","link":"https:\/\/gccexchange.com\/blog\/common-mistakes-to-avoid-when-making-a-will-in-uae\/","title":{"rendered":"Common Mistakes to Avoid When Making a Will in UAE"},"content":{"rendered":"\n

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<\/a> 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.<\/p>\n\n\n\n

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Image Source: Pixabay<\/a><\/figcaption><\/figure>\n\n\n\n

Importance of Making a Will in\nUAE<\/h2>\n\n\n\n

UAEhas a large expatriate\npopulation from countries around the world. For foreign nationals with assets\nand property, having a valid will is crucial to ensure their final wishes are\nfollowed and their heirs receive legal rights. A will clearly delineates\ndistribution of assets as per UAE inheritance framework for non-Muslims. It\nappoints guardians for minors, arranges care for dependents, and donates to\ncharity if desired. Even with just bank balances and financial investments,\nnominating legal beneficiaries through a will can prevent lengthy court\nprocedures later. Overall, crafting a customized will allows peace of mind that\nthe estate will be handled as per directives after death.<\/p>\n\n\n\n

1.  Lack of Understanding of UAE\u2019s Legal System<\/h2>\n\n\n\n

A major issue that leads to\nproblems with wills in UAE is failing to understand key aspects of the UAE’s\ncivil law system derived from Islamic Sharia law. Unlike common law\njurisdictions, UAE has specific regulations around inheritance, succession, and\nlegal rights that must be considered.<\/p>\n\n\n\n

For instance, under Sharia\nlaw, forced heirship rules dictate that only one-third of the estate can be\nfreely allocated to beneficiaries through a will. The remaining two-thirds gets\ndistributed as per Sharia guidelines among legal heirs like children, parents\netc. Cross-border estates with assets in multiple countries also have to follow\nspecific UAE protocols.<\/p>\n\n\n\n

Moreover, UAE allows special\nprovisions like establishing corporate wills, charitable trusts, conditional\ntransfers that enable efficient estate planning. However, without knowing\ncorrect procedures, the desired goals may not materialize. For example, many\nexpatriates incorrectly assume providers or partners can inherit assets if\nnamed in the will, which contradicts existing regulations.<\/p>\n\n\n\n

Overall lack of knowledge\naround these unique considerations applicable to wills and testaments in UAE\nlead to substantial problems later – from ambiguous asset distribution,\ninheritance disputes to even complete revocation of the will. Hence, it is vital\nto study the UAE legal system or consult a lawyer before drafting one<\/p>\n\n\n\n

2. Not Clearly Identifying\nBeneficiaries and Assets<\/h2>\n\n\n\n

Failing to clearly identify\nbeneficiaries who will inherit assets and what those assets are is another huge\ndownfall while creating a will in UAE.<\/p>\n\n\n\n

2.1. Importance of Clearly Identifying\nBeneficiaries and Assets<\/h3>\n\n\n\n

Correctly designating legal heirs along with details of\nproperty, finances, and possessions that they will receive enables smooth\nexecution of estate distribution after demise. Any ambiguities in terminology\nor asset listings make it possible for intended recipients to get deprived. It\nalso opens doors for relatives to contest and dispute the will provisions later\non, creating family feuds.<\/p>\n\n\n\n

2.2. Common Issues with Vague Language<\/h3>\n\n\n\n

Language that is unclear,\ncontradictory or confusing when mentioning beneficiaries and assets frequently\nrenders will clauses ineffective. For instance, using descriptions like \u201cmy\ndear friend\u201d or \u201cpartner\u201d instead of their legal name and identification proof\nmake assets non-transferrable under UAE inheritance law.<\/p>\n\n\n\n

Similarly, listing assets\ngenerically as \u201cbank balances\u201d without provider details and account number\nmakes accessing them complicated. Not specifying shares of other heirs\nalongside the primary person\u2019s allocation also increasingly sparks quarrels and\nclaims from family members later. Using conditional phrasing, unclear\ninstructions for trustees, amended distribution after certain time period etc.\nalso backfire due to linguistic discrepancies.<\/p>\n\n\n\n

3.\nIgnoring Sharia Law Requirements<\/h2>\n\n\n\n

One of the key aspects that makes drafting wills unique\nin the UAE is the influence of Sharia regulations on all inheritance-related\nmatters. As per principles of Islamic law, forced heirship and mandatory\ndistribution supersede any will provisions or intentions. For instance, only\none-third of the estate can be freely allocated through a will while the rest\ngets distributed as per Sharia guidelines among legal Muslim heirs.<\/p>\n\n\n\n

3.1. Importance of\nEnsuring Compliance<\/h3>\n\n\n\n

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

4.\nFailure to Notarize or Register the Will Properly<\/h2>\n\n\n\n

For a will to be considered legally valid in the UAE, it\nmust be notarized and registered with the correct authorities. Notarization\ninvolves formal witnessing by a licensed notary public along with verifying\nidentities and capacities of the testator and beneficiaries. Registration of\nthe will includes submitting it to the Dubai Courts or Ministry of Justice for\ninclusion in their central registry.<\/p>\n\n\n\n

4.1 Consequences of Non-Compliance<\/h3>\n\n\n\n

Without proper notarization, the will remains invalid\nunder UAE inheritance law and cannot be executed. Even with witnesses present,\nlack of notary verification makes the will void legally after death. Similarly\nunregistered wills have no authority and cannot transfer listed assets to\nintended heirs. Banks, financial institutions etc. will not accept them for\ntransactions or access. This situation often results in assets automatically\ngetting frozen or being transferred to state ownership. Family disputes, property\ngrabbing by extended members or other fraudulent claims also rise multi-fold\ndue to absence of a verified legal will.<\/p>\n\n\n\n

5 Not Seeking Professional Legal Advice<\/h2>\n\n\n\n

One of the biggest yet common\npitfalls while planning wills in the UAE is failing to utilize services of\nprofessional legal practitioners well-versed with local laws and protocols.\nCreating a customized will that efficiently achieves financial and inheritance\nplanning goals without conflicts requires in-depth expertise around complex\nregulations.<\/p>\n\n\n\n

Experienced lawyers specializing in Dubai or UAE probate, wills and estate planning enable tailored drafting aligned to a person\u2019s 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<\/a> 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.<\/p>\n\n\n\n

Seeking reputed advisory\nright from conceptualization considerably lowers risks of procedural\nviolations, unambiguous asset transfers to future generations along with\nreducing family disputes stemming from inheritance matters later on. Hence\nutilizing targeted legal know-how is an indispensable investment while planning\nwills under UAE law.<\/p>\n","protected":false},"excerpt":{"rendered":"

Making a will is one of the most important estate planning tasks for any individual, especially for expats residing in<\/p>\n","protected":false},"author":1,"featured_media":7030,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[2125],"tags":[3367,3368,3369,3366],"class_list":["post-7029","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law-lawyers","tag-lawyers","tag-sharia-law","tag-uaes-legal-system","tag-will-in-uae"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t