Guest articles

If your family is left behind grieving, stranded and strapped for cash, it will not be because you did something wrong. It will be because you did nothing.

As an expat living in the UAE it is more important to protect what you have – and your family – by deciding now what to do when faced with death and consider having a Will in place.

For expatriates living in the UAE, there is a very simple reason to make a Will. The Government of Dubai’s official website states that ‘the UAE Courts will adhere to Sharia law in any situation where there is no will in place’.

Nita Maru ( LLB Hons, England &Wales,TEP), UK qualified solicitor, Managing Partner of TWS Legal Consultants in Dubai, shares some frequently asked questions:

1. With the current pandemic can I have a DIFC will prepared and have it registered at the DIFC Wills Service Centre?
Yes, during this period we are operating business as usual - we have been conducting virtual video conferencing meetings with clients for wills and have successfully registered DIFC Wills virtually, via video conferencing using this efficient and very convenient process. Getting a will prepared now could not be any easier.

As of 22nd March 2020, DIFC Wills can be registered virtually, either by virtual registration or via video conferencing for full DIFC Wills in our office

In order to register a full DIFC will, the Testator together with two witnesses, will join a video conferencing call with a WSC Authorised Officer on a confirmed date and time.

Usual procedures will be followed during the video conferencing call of reviewing the Will with the Testator, and WSC Authorised Officer at which point the Testator and witnesses will then proceed with their signatures on the printed copy of the Will. The signed Will must then be scanned and emailed to the Service Centre for sealing. We are available to assist our clients with preparing and registering their wills virtually through these unprecedented times and are willing to help in whatever way we can.

2. How do I choose the right lawyer or firm to prepare my will? What should I look out for?
Many local companies are offering to draft and register DIFC Wills; therefore, it can be challenging to know how to choose someone with the experience and expertise to protect you and your family’s wealth and best interests. However, expatriates must exercise due diligence and ask the following questions when selecting a DIFC Wills lawyer:

a. Are the lawyers drafting your will regulated by the Dubai Legal Affairs Department?
The Dubai Legal Affairs Department is one of the government departments affiliated to His Highness The Ruler’s Court, providing various legal services to the government and government entities in Dubai. It also oversees the regulation of the advocacy and legal consultancy professions in the Emirate of Dubai.

All legal service providers/lawyers providing wills services must be registered with the Dubai Legal Affairs Department. However, unregistered providers still operate and instructing such a legal service provider can result in your Will being invalid and/or your wishes not being accurately ascertained or recorded.

If you have assets in the UAE and wish to create a DIFC Will, it is best practice to use the services of a lawyer who is registered with the Dubai Legal Affairs Department.

b. Is the lawyer you instruct a registered Wills draftsman with the DIFC Wills Service Centre?
Under the DIFC Wills and Probate Registry Practice Direction of 9 February 2016, lawyers registered as DIFC Wills draftsman should advise on and draft DIFC Wills. The Practice Direction sets out the requirements for registering as a Will draftsman in terms of professional standing, knowledge, and experience in private client work.

c. Are they a member of STEP or a similar professional body?
Membership of a professional body demonstrates a lawyer’s commitment to abiding by set standards or a code of conduct. The Society for Trust and Estate Practitioners (STEP) is a global organisation professional body, comprising of lawyers and other practitioners that help families plan for their futures.
STEP’s website states:

“All of our members are subject to an extensive Code of Professional Conduct, requiring them at all times to act with integrity and in a manner that inspires the confidence, respect and trust of their clients and of the wider community. Our members are also required to keep up to date with the latest legal, technical and regulatory developments. You can recognise a Full Member of STEP by the letters’ TEP’ (Trusts and Estates Practitioner) after their name.”

3. When do you think expats in the UAE should start thinking of having a will prepared? How important do you think it is for people not to procrastinate on this and why?
For expatriates in the UAE, there is a very simple reason to make a will. The Dubai Government official website states that ‘the UAE Courts will adhere to Shari’ah law in any situation where there is no will in place’. This means if you die without a will, the local courts will examine your estate and distribute it according to Sharia law.

The absence of a will also allows authorities to allocate the guardianship of any surviving children according to Sharia law, especially if both were to die simultaneously. Unless a will specifies who should raise your children, there is a possibility that their care will be entrusted to relatives other than the surviving spouse.

For many people, making a will is a task you intend to complete someday, but seldom give priority to. Thinking about your own death is not pleasant but postponing the preparation of a will results in one dying ‘intestate’, leaving you with a limited input in the future of your wealth, assets, business and even children. Bearing all this in mind, the answer is that the best time to make a will is ‘now’.

4. My husband and I jointly own a freehold apartment in Dubai. If one of us dies, will the other or our children automatically inherit it? (MJ, Australian, 31)
In the UAE, inheritance for Muslim nationals is guided by Sharia laws, while the law of the deceased’s home country could be applied for non-Muslim expatriates. However, there are many uncertainties regarding real estate inheritance issues, and expatriate property owners are recommended to make wills to overcome these. Unlike other jurisdictions, the UAE does not practice ‘right of survivorship’ (property passing on to surviving joint owner upon death of the other), and the local courts will make final decisions.

5. If I don’t have a will, is it correct to assume that my spouse will be the automatic guardian of my children? (SM, Africa, 35)
If you do not have a will, and you die before your child reaches the age of majority, the courts can intervene and appoint a guardian on your behalf. In these circumstances, it is very unlikely that their decision will reflect your wishes.

6. I have heard some horror stories of financial troubles after a sudden death. Is it true that if my husband dies, our joint bank account will get frozen, and what must we do to avoid this? (SS, British, 44)
In principle, the bank accounts of a deceased will be frozen until all liabilities such as car, property and personal loans, credit cards, and business debts are cleared. Sometimes, an account gets frozen within hours of a fatality but the procedures for reactivating it are lengthy and complex. These can be avoided or expedited by planning your estate.

7. I have heard about DIFC Wills. What does it offer and how does it benefit Non-Muslim expatriates?
The DIFC Wills Service Centre provides a mechanism for non-Muslims with assets in Dubai/UAE to pass on their assets according to their wishes and nominate guardians for their children of their choosing. The DIFC Wills Service rules provide non-Muslims with the option to choose the way in which their assets are distributed by providing testamentary freedom and a speedy administrative process of a deceased non-Muslim’s estate.

Final words
Professional Wills and estate lawyers understand that their work can have a significant impact on peoples lives. We all want to ensure the wealth we have accumulated over our lifetime benefits our loved ones and/or the causes we support. To ensure your wishes are carried out accurately, take the time to choose a DIFC Wills lawyer who demonstrates a commitment to their craft and their clients’ best interests. We would therefore always recommend consulting with a qualified and experienced lawyer licensed by the Dubai Legal Affairs Department.

Please contact one of our Wills and Estate Planning Lawyers at TWS for a complimentary virtual consultation, on how you can protect your family and assets in the UAE. Email us on info@twslegal.ae or call +971 4 448 4284.
Website: www.willsuae.com
Address: TWS Legal Consultants DMCC, Office Suite 3307 -3308, Oaks Liwa Heights Tower, Cluster W, Jumeirah Lakes Towers, Dubai UAE.

Why use TWS Legal Consultants:
– Leading and established law firm in Dubai for over a decade
– Fully licensed by the Government of Dubai Legal Affairs Department
– Fully licensed and approved by Dubai Ruler’s Court
– Our Legal Consultants are qualified professionals
- Members of Society of Trusts and Estate Practitioners (STEP), the worldwide professional association for practitioners dealing with family inheritance and succession planning
– Are registered at The Law Society of England and Wales/Solicitors Regulatory Authority, to practice as solicitors
– Registered with the Dubai International Financial Centre Courts’ Register of Legal Practitioners
– Leading role in the working panel of the DIFC Wills Service Centre
– Registered a high volume of DIFC Wills at the DIFC Wills Service Centre

About Nita Maru - LLB (Hons) England & Wales, TEP
Managing Partner and UK qualified solicitor, Nita Maru is registered with the UK Solicitors Regulation Authority and The Dubai Legal Affairs Department. She is also a full member of Society of Trusts and Estate Practitioners (STEP), the worldwide professional association for practitioners dealing with family inheritance and succession planning. She holds a full legal consultancy license from the Government of Dubai Legal Affairs Department and The Dubai Rulers’ Court. With over 20 years of experience in senior legal positions, Nita has authored numerous articles and essays on asset and wealth protection including recent articles on the new DIFC Wills and Probate Registry in ‘The National’ and ‘Gulf News’ newspapers. Her focus is on safeguarding families, children, and heirs under succession/inheritance laws in Sharia jurisdictions and helping with the administration of deceased’s’ estates. Having created a successful UAE and UK Wills & Inheritance, Family/Divorce law department, serving clients with a holistic approach to their circumstances, Nita also featured recently in the ‘Khaleej Times’ newspaper on Divorce in the UAE. Over the years Nita has a well-established working relationship with both the Dubai and DIFC Courts. Her services are regularly recommended by consulates and embassies in the UAE. TWS Legal Consultants is also on the British Embassy’s list of established law firms. She is well-known for her personal yet professional approach to resolving ‘real problems faced by real people’, and can be contacted at info@twslegal.ae or Tel: (+971) 4 4484284.