Drafting a will in the UAE is a vital step in ensuring that your assets are distributed according to your wishes after your passing. Given the unique legal and cultural land of the UAE, there are several key considerations to keep in mind when preparing your UAE will.
Understand local inheritance laws:
In the UAE, inheritance laws are primarily governed by Sharia law, which can significantly affect how your estate is distributed if you do not have a will. Sharia law dictates specific shares for heirs, which may not align with your preferences. To override these default provisions, it is essential to draft a will that adheres to local legal requirements and accurately reflects your wishes.
Specify asset distribution clearly:
Clearly outlining how you want your assets distributed is vital. This includes detailing the distribution of property, bank accounts, investments, and personal belongings. Ambiguities in your will can lead to disputes and complications among heirs. Be precise about who receives what and consider including alternative beneficiaries in case the primary ones are unavailable.
Appoint an executor:
An executor is responsible for managing your estate according to your will. Choosing a reliable and trustworthy executor is essential, as they will handle the distribution of your assets and ensure that your wishes are followed. Ensure that the appointed executor is aware of their responsibilities and is willing to take on the role.
Consider guardianship for minor children:
If you have minor children, it is vital to appoint a guardian in your will. This decision ensures that your children are cared for by someone you trust, should anything happen to you. Clearly state your choice of guardian and discuss this decision with the person you intend to appoint to ensure their willingness and capability.
Ensure compliance with legal formalities:
To ensure that your will is valid and enforceable, it must comply with local legal formalities. In the UAE, this typically includes having the will signed and witnessed according to the requirements of the chosen jurisdiction. For DIFC or ADGM wills, specific registration procedures must be followed.
Regularly review and update your will:
Life circumstances change and so might your preferences regarding asset distribution. Regularly review and update your will to reflect changes in your family situation, assets, or personal wishes. This ensures that your will remains relevant and accurately represents your intentions.
Drafting a will in the UAE requires careful consideration of local laws, jurisdictional requirements, asset distribution, and personal wishes. By addressing these key factors, you can ensure that your estate is managed and distributed according to your desires, providing peace of mind for you and your loved ones.