7 Things to Look Out for When Writing a UAE Will
Writing a UAE Will is, without a doubt, a necessary step in securing your assets and the future of your loved ones after you. However, understanding the legalities involved, without the right guidance can be a little challenging. Here are 7 things for you to keep in mind when preparing your Will in the UAE.
1. Making Assumptions About Your Family and Relationships
Assuming familial relationships and making provisions in the Will without consulting them can lead to oversight and unintended consequences. It is essential to provide your legal advisor with a comprehensive understanding of your family dynamics, including blended families, step-children, and relationships that may not legally avoid invalid provisions and potential disputes, ensuring your Will is in line with your wishes and accounts for all the beneficiaries with their consent.
2. Overpaying or Underpaying for Your Will
Choosing a legal service provider solely based on cost can be risky when drafting your UAE Will. While affordability is a factor, prioritizing expertise in UAE Wills and estates law is crucial. Look for a lawyer or firm with a proven track record and transparent pricing. Understanding what services are included upfront and asking about additional fees ensures your Will is meticulously drafted without overpaying or compromising its legality in the UAE.
3. Making Assumptions About the Law
Another common pitfall is assuming that general legal knowledge is applicable everywhere. The UAE has specific laws regarding Wills, inheritance, and guardianship that may differ significantly from other jurisdictions. For this reason, seeking the guidance of experts well versed with the UAE laws is important to ensure the compliance and validity of your Will.
4. Not Covering Guardianship of Your Children
If you have children, especially minors, specifying guardianship in your Will is without a doubt highly important to ensure their well-being even after your death as failing to do so can lead to uncertainties and disputes over custody in the event of your passing. Discuss with your legal advisor about the legal procedures and requirements for appointing guardians according to UAE law.
5. Forgetting Some of Your Important Assets
It’s easy to overlook assets that may not be immediately apparent. From digital assets and offshore investments to end-of-service benefits, you must ensure that all your assets are covered when drafting your Will. Always ensure that you are specific in listing your important assets like property, investments, estate, etc. and even personal belongings like luxury watches, brooches, or expensive accessories can be covered in the Will. Avoid vague mentions as much as possible. A legal consultant can in this case guide you through the drafting process, assisting you in identifying and documenting these assets.
6. Confusing Laws Across Different Countries
You need to ensure you’re taking into account the complexities of international laws so that there is no confusion regarding different laws across foreign countries. For instance, a DIFC Will is legally binding within the UAE as well as overseas. However, there are certain countries where it is not effective, and thus you would need a legal consultant to ensure your Will aligns with your intentions globally. This proactive step helps to safeguard your Will against complications and ensures it remains legally sound across borders.
7. Making Assumptions About the Law
Some people may assume things about Sharia law, which can lead to confusion. If you are looking to make a Will in Abu Dhabi and other emirates of the UAE, consult with legal specialists to ensure that your estate plan is legally solid and exactly reflects what you want. This clarity helps you avoid any potential issues that could arise from incorrect assumptions or incomplete knowledge, ensuring that your wishes are properly documented and legally enforceable in the UAE.
In conclusion, while writing a Will is a personal matter, ensuring that it is drafted correctly, as per the UAE law is important. By avoiding common misconceptions, and oversights and taking note of the above points you can secure your assets and provide clarity and security for your loved ones. Remember, the right legal service provider, like Legal Inz, can help not only in drafting your Will but also in providing ongoing support and better clarity on legal matters that can possibly arise. Choosing a knowledgeable and experienced team can make all the difference in ensuring your wishes are carried out while complying with the laws at the same time.