A will is a legal document that outlines how a person wants their affairs and possessions to be handled, dispersed, or disposed of after passing away. There is limited space for interpretation and potential disagreements in a will that has been well thought out and prepared.
It guarantees that all of your assets and possessions pass to the appropriate people after your death. Most people, according to experts, should have an estate plan, which begins with a will. However, many individuals put off writing a will, frequently out of fear of facing death.
Moreover, if you don’t have a will in the UAE, the UAE Law of Inheritance will be used. The assets in your name and the custody of your young children will both be impacted by your death. For expats living in the UAE, a few legal restrictions apply to their property and estates.
Therefore, this article will assist you in creating your checklist while making a will. We have gathered all the important aspects that you must include when creating a will in UAE.
What Needs To Be Included In A Will
You may rest easy knowing that you’ve given your family and loved ones the security they require when you have an effective Will in place.
Given below are the three most important factors that you must include in your will—
Beneficiary
Making sure that your selected beneficiary will be able to inherit your assets after your passing is one of the primary goals of creating a will in UAE.
In the UAE, the Sharia Law is used by the courts to distribute assets in the absence of a will. According to the fixed shares established by Sharia Law, this usually means that your wife is entitled to 1/8 of your assets and that your parents and children will inherit your property in accordance with those same fixed shares.
The following individuals are frequently named as sole or joint beneficiaries in the Wills of non-Muslims:
- As the primary beneficiary, the spouse.
- Grandchildren serve as the initial alternate beneficiaries for children.
- Relatives, as the second alternate beneficiary, include parents, siblings, and grandparents.
In the case of single people, the beneficiaries are determined by them based on their unique circumstances.
Executors
An executor is a person who will petition the court to have your will put into effect. An executor will distribute your assets once all debts and other obligations have been satisfied. You should name at least one principal executor and two backup executors in your will.
Given the nature of this position, your executor should ideally have some familiarity with administrative and financial issues. In the UAE, your executor’s typical responsibilities would be as follows:
- In order for your executor to distribute your estate in the manner you intended, he or she must apply for the grant of probate.
- Your assets will need to be gathered and inventoried by your executor.
- Your executor will assess your debts and cost and pay them.
- In accordance with your instructions in your UAE Will, the executor will settle your debts, expenditures, and other legacies before distributing the leftover assets to your heirs.
Guardians
If you’re married and have kids, you have to name your spouse as the guardian of your kids under the age of 21. Two substitute guardians will be named if both partners die at the same time, although they must be older than 21.
Close family members like siblings or parents should serve as these alternate guardians. In addition, you must appoint a temporary guardian in the UAE if the guardian is from outside the UAE in order to care for the young children until the permanent guardian can be found in the UAE.
Non-Muslims are permitted to make wills in line with the laws of the nation of their nationality under UAE inheritance laws.
These Wills can designate long-term guardians to look after the kids in the event that both parents pass away. Law in the UAE does not distinguish between Muslims and non-Muslims. Therefore, multiple guardians may be named in the declaration of guardianship.
Careful Crafting Of A Will
For non-Muslims, if you do not want Sharia Law to be applied to your inheritance and the guardianship of your young children, you should express this in writing.
Remember, the most serious error you should avoid while crafting a will is using confusing terminology. The court may reject your will or use its own interpretation if your will’s unclear language makes it impossible for anybody to understand it.
Therefore, it is important to put your desires in writing so that you won’t have to explain them to people while you’re still living.
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