Will and Estate Planning in Dubai: A Comprehensive Guide for Expats

In the vibrant city of Dubai, where expatriates flock for its dynamic lifestyle and investment opportunities, understanding the legal landscape of will and estate planning is crucial. The intricacies of protecting your assets, ensuring the welfare of your loved ones, and navigating the legal system can be daunting for many. This guide, based on an episode from Louise’s property podcast in Dubai, aims to demystify the process, offering peace of mind to expats living in the UAE.

The Importance of Having a Will in Dubai

Despite recent legal reforms, the necessity for expatriates to have a will in the UAE cannot be overstated. A will serves as a clear expression of your intentions, covering various aspects from guardianship of children to the distribution of assets. Without a will, expats risk family disputes, legal battles, and the potential misallocation of their estate according to local laws, which might not align with their wishes. This is important if you are considering off plan property in Dubai for investment purposes, as it ensures a smooth inheritance process.

Guardianship and Asset Distribution

For parents, specifying guardianship in a will is paramount to ensure their children's future is secured as per their wishes. In terms of asset distribution, a will provides the flexibility to allocate assets, including property and personal possessions, to chosen beneficiaries or charities. This legal document becomes a cornerstone for expats to navigate the UAE's real estate laws, offering a clear directive to the courts and minimising the chances of disputes and delays.

Options Available for Will Registration

Dubai offers several options for will registration, tailored to non-Muslim expats:

DIFC Wills: Introduced in May 2015, DIFC Wills allow non-Muslims to distribute their assets freely, based on common law principles. These wills can be drafted in English and cater to all assets within the UAE, without the necessity of residency. The DIFC Wills Service Centre offers a streamlined process for drafting, registering, and executing wills, providing certainty and legal precedents for their enforcement.

Abu Dhabi Wills: An alternative introduced by the Abu Dhabi Judicial Department, offering a bilingual will registered at a lower cost compared to DIFC Wills. However, the DIFC Wills' proven efficacy and the included probate fees justify their higher registration cost, emphasising the value of peace of mind and legal assurance.

For Muslim expats, while DIFC and Abu Dhabi wills are not options, strategies such as gifting assets during their lifetime or structuring assets under a foundation like the DIFC Foundation are popular alternatives for legacy planning.

The Impact of COVID-19 on Will Registration

The pandemic underscored the fragility of life, prompting a surge in expats seeking to draft and register wills. The introduction of virtual registration processes by the DIFC has facilitated expats abroad in securing their estates without the need to travel, reflecting the adaptability of Dubai's legal framework to global challenges.

Guardianship: A Cornerstone for Parental Peace of Mind

For parents, specifying guardianship in their will is of paramount importance. It's advisable to appoint permanent and temporary guardians, with the latter ideally being residents in Dubai, to ensure the well-being of children in any unforeseeable event.

Mirror Wills and Estate Planning for Couples

Couples jointly buying property in Dubai are encouraged to draft mirror wills. This arrangement allows each partner to bequeath their share of the asset to the surviving spouse, circumventing the default distribution under UAE law. Other options include gifting property shares or structuring assets under entities like the DIFC Foundation, offering bespoke solutions tailored to individual needs.

Professional Guidance is Key

The complexity of will and estate planning underscores the importance of professional legal advice. Tailored, expert guidance ensures your will accurately reflect your intentions and comply with UAE law, safeguarding your assets and the future of your loved ones.

The Time to Plan is Now

If the unpredictability of life has taught us anything, it's the critical importance of preparation. For expatriates in Dubai, drafting a will is not merely a legal formality but a fundamental step in ensuring the protection and proper distribution of your estate. This will be greatly helpful if you are considering investing in luxury property in Dubai. Engaging with experienced legal professionals who understand the nuances of UAE law can provide invaluable peace of mind and security for you and your family.

Take the first step towards securing your legacy in Dubai. For professional advice and real estate services, reach out to Exclusive Links - a leading real estate agency in Dubai. Don't wait until it's too late; plan for your family's future today.