Many UAE expats overlook the need to prepare wills, inheritance, and guardianship documents, assuming they can rely on their home country’s laws or handle it later. However, legal experts warn that failing to have a local will can lead to significant complications if the unexpected happens.
Why Having a Will in the UAE is Crucial
Samara Iqbal, solicitor and founder of Aramas International Lawyers, highlighted that the UAE encourages expats to draft local wills to ensure clarity on guardianship and asset distribution. Without a will, assets may be distributed according to UAE law, potentially conflicting with the individual's wishes.
Iqbal stressed that families with young children should particularly prioritize guardianship planning. She advised expats to notarize wills locally and prepare temporary guardianship documents, allowing a trusted friend or neighbor to care for children until a permanent guardian arrives.
Challenges of Relying on Foreign Wills
Many expats assume their home country wills will automatically be recognized in the UAE. However, enforcing foreign wills can be complex and risky, according to Iqbal. She recommended that expats invest in a UAE will, which typically costs between AED 3,000 and AED 5,000, providing both security and peace of mind.
Regular Updates Are Essential
Legal experts also advise updating wills and guardianship documents after major life events like marriage, divorce, or childbirth to ensure they remain valid and aligned with the individual’s wishes.
Understanding UAE’s Legal Framework
Byron James, partner at Expatriate Law, emphasized that the UAE’s civil law system differs from the common law framework in countries like the UK or the US. While Western courts generally respect testamentary freedom, UAE courts follow a different legal structure, making it even more critical for expats to have legally recognized local documentation.
With proper planning and documentation, expats can avoid legal hurdles, ensure their families are protected, and secure the proper distribution of their assets according to their wishes.
News Source: Khaleej Times
