It is of utmost importance to register a Will in the UAE in order to protect your assets and your family. If the deceased doesn’t have a will drafted, the UAE Sharia Laws will be followed in such a case. In case you have a Will prepared, it will allow you to safeguard you and your family’s future. If you don’t have a Will registered in the UAE, you may face certain unwanted situations like

 

●     Frozen Bank Accounts (Single or Joint).

●     Cancelled Dependent Visas.

●     Frozen/ Delayed Investments.

●     Arguments in the family for assets distribution.

●     Guardianship issues for minors, if any.

 

In the event of the absence of a Will, the transfer of property and guardianship rights becomes complex and time-consuming. It is understandable that we don’t always like planning what happens after the demise of our loved ones. But if you are living in the UAE, planning and drafting a Will can go a long way if you want to protect your family and your assets. In such cases, you can opt to hire Dubai Law firms, who can help you to draw up a Will and safeguard your future.

 

Here are four reasons why you should make a Will in the UAE:

 

Asset Distribution

 

One of the most important reasons why you should register a Will in the UAE is to protect your assets. If you don’t have a Will, all your assets will be distributed according to the Sharia Law. The Sharia Law has its own system of asset distribution which is outlined in the Holy Quran. The Sharia Law states that the bulk of assets will be passed down to the closest male relative. The legal heirs can be your parents, siblings, spouse, children, and grandchildren. The UAE doesn’t practice the right to survivorship i.e. transferring property to surviving heirs. If there is no Will registered in case someone dies then all assets will be frozen. Not having a Will can cost you your time, money, and patience. Hence Family Lawyers in the UAE can be of great help in such cases since they can guide you through the correct procedure.

 

It is always wise to consult a lawyer to ensure that all the protocols are being followed in such cases so that you don’t face any problems in the future. The Government has authorized some professionals to conduct this activity. They are also provided with a certificate of recognition so before you draw up a contract with the concerned team make sure they have the Government-authorized certificate in place.

 

Guardianship

 

The guardianship of children below 21 years of age is determined according to the Sharia law if a Will is not registered in the name of the deceased. The Sharia Law states that guardianship rights will be given to the closest male relative of the father’s family. The mother of the children would retain custody unless she remarries. If the mother of the infant dies, the guardianship remains with the father. This ultimately means that the wife of the deceased may not have sole guardianship of their minor children. A registered Will can ensure that your wife remains the guardian of your minor children.

 

However, in the case of Non-Muslim residents, they can opt to use the laws of their own land in case of guardianship.

 

In the absence of a Will or if any specification instructions are not given in the minors care, the UAE Local Authorities shall intervene and take care of the child unless the court decides otherwise.

 

According to Article 156 of the Personal Status Law, a woman’s custody of children is terminated if the male child reaches the age of eleven and the female child reaches the age of thirteen unless the court intervenes and decides according to the best interest of the children.

 

Frozen bank accounts

 

If a Will is not registered under the name of the deceased, all his bank accounts will be frozen unless the court decides otherwise. The frozen bank accounts also include the joint accounts registered under the name of the deceased. So having a Will in place allows you to have absolute control of the bank accounts of the deceased and it will also ensure that the will of the deceased is honored.

 

Visa Cancellation

 

In the case of expatriates, the visa is canceled upon the death of the individual, and his family is required to leave the country within 30 days from the date of cancellation. This ultimately means that they must resolve any inheritance issues before leaving the UAE. A Will can come in handy in such cases and can help to have a smooth transfer of party and to make sure that the will of the deceased is being honored.

 

In conclusion, protecting your family and safeguarding your assets is the biggest advantage of drafting a Will in the UAE. It can cost you between Dh 3000 to Dh 5600 in case you are hiring a law firm. Online services usually start at Dh 1300. So you can go ahead and decide which service is in your best interest and take decisions accordingly.

 

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