If you’re an expat living in the UAE, you’ve likely experienced the country’s unique blend of cultures, its fast-paced lifestyle, and its progressive economic opportunities. However, one crucial aspect of life here that many expat families overlook is estate planning—specifically, the importance of having a legally valid will in place.
Unlike many other countries, the UAE applies Sharia law as its default legal framework for handling inheritance and guardianship matters. For non-Muslin expats, this can lead to outcomes that are vastly different from their expectations or intentions—impacting the distribution of assets and even the custody of children. Having an expat will ensures that your wishes are respected and provides peace of mind for you and your family.
Here’s what you need to know about the benefits of having an expat will in the UAE.
Protecting Your Assets
Without a will in place, the UAE courts will typically apply Sharia law to your estate. This can result in your assets being divided according to fixed shares among family members, which might not align with your personal wishes. Here’s how an expat will protects your assets:
1. Customised Asset Distribution
An expat will allows you to clearly state how your assets should be distributed. Whether it’s property, savings, investments, or other valuables, having a will ensures your possessions go exactly where you want them to—whether that’s to your spouse, children, other relatives, or even charitable organisations.
For example, if you intended for your spouse to inherit all your UAE assets, this would not happen automatically under Sharia law. A will can ensure your spouse receives their rightful share instead of following pre-determined allocations.
2. Faster Legal Processes
If you don’t have a will, your estate could become tied up in lengthy court proceedings while authorities work to determine ownership and distribution. Having a clearly defined will significantly speeds up the process, allowing your loved ones to access necessary funds or assets sooner.
3. Safeguarding International Investments
For expats with international assets, a UAE-based will ensures that your wishes are respected not just locally but also abroad. This helps avoid potential conflicts or inconsistencies across jurisdictions, especially if you own properties or bank accounts in multiple countries.
Protecting Custody and Welfare of Your Children
Perhaps the most emotionally significant benefit of an expat will is its role in ensuring the welfare of your children. The lack of a will leaves guardianship decisions in the hands of UAE courts, which may again follow Sharia principles. Here’s how a will is essential for safeguarding your children:
1. Legal Guardianship
Without a will, the default guardianship process may not align with your preferences. For example, if something were to happen to both parents, custody could be awarded to individuals whom the court deems eligible, rather than someone you would have chosen. An expat will lets you appoint a trusted guardian, ensuring your children are raised by someone who shares your values and can provide them with a secure and nurturing environment.
2. Avoiding Emotional Uncertainty
The loss of a parent is a traumatic event for any child. The absence of a clear guardianship arrangement can cause unnecessary emotional uncertainty. Stating your wishes in a will provides clarity and stability during an already difficult time.
3. Financial Custodianship for Minors
For minor children, financial custodianship is another critical concern. A will allows you to establish a framework for managing their inheritance until they are of age. This ensures that their financial future is protected and handled responsibly.
Peace of Mind for You and Your Loved Ones
Aside from the legal and financial advantages, having an expat will in the UAE provides invaluable peace of mind. Knowing that your family, assets, and wishes are fully protected allows you to focus on what matters most—enjoying your life abroad.
1. Avoid Potential Family Disputes
A clear, legally binding will minimises the risk of conflicts or misunderstandings among family members. It eliminates ambiguity and sets a clear course for managing your estate and guardianship wishes.
2. Simplifying Life for Your Family
Handling legal matters during a time of grief can be overwhelming for your loved ones. A will simplifies this process by giving them clear guidance, reducing stress, and ensuring they don’t face unnecessary legal complications.
3. Aligning With UAE Laws
The UAE has introduced specific systems, such as the DIFC Wills and Probate Registry and the ADGM Wills Registry for Non-Muslims, to cater to expats. These options make it easy for non-Muslims to draft a will that complies with local regulations while respecting their personal wishes. Taking advantage of these systems ensures your will is legally enforceable.
How to Get Started With Your Expat Will
Creating a will might feel like an intimidating task, but it doesn’t have to be. Here are the steps you can take:
Consult a Legal Expert: Work with a professional who specialises in wills and estate planning in the UAE. They can guide you through the process while ensuring compliance with all local regulations.
Inventory Your Assets: List all your assets, both within the UAE and internationally, to ensure nothing is overlooked.
Appoint Guardians and Beneficiaries: Clearly specify how you want your assets distributed and who you choose as guardians for your children.
Register Your Will: Once prepared, ensure your will is officially registered, either through the DIFC Wills and Probate Registry or the ADGM Wills Registry for Non-Muslims.
Final Thoughts
Living as an expat in the UAE comes with many rewards—but it also comes with a unique set of legal considerations. Having an expat will is not just a practical step; it’s an essential act of care and responsibility for your family.
By taking the time to draft a will, you ensure that your assets, your children, and your wishes are protected, no matter what happens.
Don’t leave these matters to chance—protect your family’s future by creating your expat will. With our new wills service launching 1 March 2025, register your interest today and we will get back to shortly.
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This material is provided for general information only. It should not be relied upon for the provision of or as a substitute for legal or other professional advice.
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