Many UAE expats postpone creating wills and guardianship documents, believing they can rely on provisions from their home countries or address these matters upon returning home. However, legal professionals caution that this approach can result in significant legal challenges if unexpected circumstances arise.
The Importance of Local Documentation
“Many people come to the UAE with the mindset that they will return home eventually. They don’t see the need to prepare a will or guardianship documents here,” explains Samara Iqbal, solicitor, director, and founder of Aramas International Lawyers.
Iqbal emphasises that the UAE government actively encourages expatriates to establish local wills. “We advise that wills be notarised here, including details about guardianship for children and the distribution of assets,” she states.
Child Guardianship: A Critical Consideration
For families with young children, having clear guardianship plans is particularly important. “If something happens to both parents, the last thing you want is uncertainty about who will care for your children,” Iqbal notes.
She also points out the benefits of temporary guardianship documents: “This document allows parents to designate someone trustworthy — like a friend or neighbour — to care for their children until a permanent guardian can arrive from abroad.”
Asset Distribution Concerns
Without proper documentation, expatriates risk having their assets distributed in ways contrary to their wishes. Iqbal warns that executors must be able to work within the local legal framework, which can be difficult without appropriate documentation.
Foreign vs. Local Wills
A common misconception among expatriates is that their foreign wills will automatically be recognised in the UAE. “Trying to enforce a home country will can be a little bit risky,” cautions Iqbal.
Creating a local will is relatively affordable, typically costing between Dh3,000 and Dh5,000. “It’s not expensive, especially when you consider the peace of mind it provides,” Iqbal adds.
Keep Documents Updated
Legal experts recommend regularly updating wills and guardianship documents, especially after significant life events such as marriage, divorce, or having children. “Life changes can significantly impact your wishes regarding guardianship and asset distribution, so it’s crucial to keep these documents current,” advises Iqbal.
Different Legal Systems
Byron James, partner at Expatriate Law and international family law expert, highlights the differences between legal systems. “In the UK or the US, there’s a common law framework that generally operates on testamentary freedom, with courts inclined to uphold a testator’s wishes unless there’s a very strong reason not to. The UAE, however, operates under a civil law system,” he explains.
This distinction means that without a properly registered will, local inheritance laws may supersede an expatriate’s intentions regarding both guardianship and asset distribution.
Common Misconceptions
James identifies several misconceptions among expatriates:
- Foreign Will Applicability: “One of the biggest misunderstandings is that a foreign will will automatically apply here. This is not the case; the process can be lengthy.”
- Property Ownership: “Another common belief is that ‘I don’t need a will because I don’t own property here.’ But it’s not just about real estate. Bank accounts, life insurance payouts, and even gratuity payments from an employer can be frozen upon death. Without a will, accessing those funds can become a long process for the family.”
- Guardianship Arrangements: “Parents often assume that their family members back home will automatically gain custody of their children if something happens to them. Without a local guardianship document, there could be state intervention, which no parent wants to risk.”
Key Takeaway
For UAE expatriates, creating locally recognised wills and guardianship documents is essential for protecting both assets and dependents. Despite common assumptions, foreign wills may not be automatically recognised, and the cost of creating local documentation is relatively small compared to the potential complications that could arise without proper planning.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for guidance specific to your situation
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