4 Most Critical Issues Covered in UAE Wills

COVID-19 has triggered key questions from everyone on the issues covered in Wills in Dubai and other Emirates for non-Muslims.

We have analyzed data accumulated over a period of six (6) years to identify the four (4) most critical issues covered by individuals in their UAE Wills.

Related: How to write Wills in UAE

Our analysis has revealed that there is a consistent pattern adopted by the individuals in the UAE when it comes to dealing with the issues of choosing the types of wills, distribution of assets, appointment of guardians for minor children and appointment of executors in their Wills.

For the purposes of this article, we have categorized the individuals as follows:

1. Married couples
2. Single/not married
3. Divorced/widower

Our findings are as follows:

1. Types of Wills

By Married Couples

Mirror Wills: Married couples choose mirror wills in cases where both spouses either have joint assets or assets in each of their individual names. These assets include real estate property, bank accounts, vehicles, investments, company shares, end of service benefits and other forms of moveable assets. A joint ownership typically means that the spouses have joint bank accounts or joint property ownership.

Single Will: A husband chooses a single Will where the wife does not own any assets in the UAE either in her own name or jointly with the husband.

By Single/Divorced/Widowed Individuals

These individuals always choose single wills as the concept of mirror wills is only applicable to married couples.

Related: Types of UAE Wills

2. Distribution of assets

By Married Couples

Mirror Wills: Married couples typically choose each other as 100% beneficiaries of each other’s assets in the UAE. In the event of both spouses passing away together, they choose their children to be 100% beneficiaries of their respective assets, divided equally between the children where there are more than one children. Further layers of alternate beneficiaries are also identified to cover situations where none of the above family members survive.

Single Will: In a Single Will, husband chooses the wife to be the beneficiary of 100% of his assets. Children are chosen as the alternate beneficiaries in the event the wife does not survive the husband. Further layers of alternate beneficiaries are also identified in Single Wills. In some cases, we have also seen that Single Will is also written by a wife in favour of her husband.

By Single/Divorced/Widowed Individuals

These individuals choose their beneficiaries depending upon their personal circumstances. The selection of beneficiaries ranges from parents, siblings, and children to business partners.

Related: Choosing beneficiaries in UAE Wills

3. Guardians for Minor Children

By Married Couples

For married couples, they appoint each other as the legal guardians of their children below the age of 18 years. They appoint an average of (2) alternate permanent guardians to cover a situation where both parents pass away together. In the event where the alternate guardians are resident outside the UAE, parents appoint interim guardians for the minor children to cover a situation where the alternate permanent guardians may take time to travel to the UAE to take custody of the minor children.

By Divorced and Widowed Individuals

For divorced and widowed individuals, we did not find any specific pattern as they appoint guardians for minor children depending upon their individual circumstances.

Related: Appointing guardians in UAE Wills

4. Appointment of Executors

By Married Couples

Married couples appoint each other as the executors of their respective Wills in the UAE. They also appoint an average of two (2) alternate executors to cover a situation where both spouses pass away together. For the alternate executors, they prefer individuals who are present in the UAE and can carry out the role without having to travel from outside the UAE.

By Single/Divorced/Widowed Individuals

The beneficiary is typically appointed as the executor of the Will in these cases. In the event where the beneficiary is a minor, the permanent guardians are typically appointed as the alternate executors. In these cases, the sequence used for the appointment of the guardians is adopted in the appointment of executors as well.

Related: Appointing executors in UAE Wills

We have noted that the above pattern is followed in about 95% of all DIFC Wills and UAE Wills registered across the UAE. That said, the requirements and circumstances of each individual should be taken into account in detail before preparing the draft Wills.

We ensure that the Wills prepared by us are tailored to your specific requirements and reflect your true intentions.