Will Writing in the UAE: Myths and Facts

A Will is arguably one of the most important documents you will ever sign. Not only does it protect your assets, but it also enables you to appoint guardians to take care of your children after you. For these very reasons, having a Will is absolutely essential in any jurisdiction in the world, and the UAE is no exception. Although making a Will in the UAE is a simple and straightforward process, it is surrounded by a number of misconceptions. In this article, we will bust the common myths around Will preparation and registration in the UAE.
 

Myth – Making a UAE Will involves a lot of hassle.

Fact – Preparing a UAE Will is a hassle-free process if done with a recognized and licensed law firm.

With Legal Inz, you can avail the convenience of a simple 3-step process for making a Will in Dubai or anywhere across the UAE. The process starts with an initial consultation with a qualified lawyer. This is followed by the drafting and translation (if required) of the Will. Finally, the Will is to be registered with the relevant jurisdiction such as the DIFC WSC or the ADJD. The principal benefit of this process is that you can do it all remotely from the comfort of your own home. All stages involved in Will preparation including consultation, drafting, and registration, can be completed online.
 

Myth – A person can register multiple Wills in the UAE.

Fact – Only one Will shall be accepted as valid for an individual.

In the unusual event where an individual has registered multiple Wills, probably in different jurisdictions, only the latest registered Will shall be recognized while the one(s) registered earlier shall be deemed as invalid. It is crucial to note that a registered Will can always be amended/re-registered to cover any change(s) in your circumstances as well as any new assets that you acquired. This way, a UAE Will serves as the solitary legal document detailing your wishes regarding inheritance, guardianships, and so on.
 

Myth – A registered UAE Will incurs an annual fee.

Fact – You need to only pay a one-time fee for Will registration.

It is often incorrectly assumed that a registered Will requires a yearly fee to ensure its validity. You can rest assured that Will registration is a one-time expense in the UAE. As in the case of DIFC WSC, a Will is uploaded and stored on the systems once registered. The only scenario requiring a fee would be the amendment of a registered Will to include any changes such as marriage, divorce, childbirth, or simply the acquisition of additional assets.
 

Myth – Only a blood relative can be the beneficiary of your Will.

Fact – You can choose any individual as a beneficiary.

It is a prevalent belief that only a blood relative such as a spouse or child can inherit your assets through a Will. However, the fact remains that you are entitled to name any person as your beneficiary regardless of whether the individual shares a blood relation with you or not. A beneficiary could be anyone like your friend or a distant relative as well. Moreover, you can also designate an entity (such as a company or a charity foundation) as a beneficiary through your Will.
 

Myth – A Will is written only for inheritance purposes.

Fact – A Will can also spell out wishes regarding child guardianship.

A Will is commonly seen as a document that sets forth your wishes regarding property inheritance. Not many are aware that a Will can state instructions pertaining to child care as well. Through a Will, you can name the individuals to whom like to hand over the responsibility of guardianship. You can prepare a dedicated Will in the UAE for the sole purpose of guardianship. It is a widespread belief that the mother automatically becomes the guardian of the child after the father passes away. However, this is not the case and a Will must be written, clearly naming the spouse as the guardian. Under a UAE Will, you can also name alternate and temporary guardians as well.

As you can see, we have debunked some common misperceptions that cloud Will writing in the UAE. At Legal Inz, our expert team of lawyers is here to guide you through the UAE’s estate planning landscape. With our all-round assistance, you can seamlessly draft and register a Will in Dubai or any other Emirate in the UAE.