It’s a sobering subject, but have you thought about how your family would be affected should the worst happen to you while living in the UAE? Gemma White learns there are many reasons to get your estate in order early.
A conversation that starts along the lines of, ‘Can we talk about the fact that the universe is mysterious and could kill either of us off at anytime?’ isn’t everyday or natural. Yet unfortunately, death is a fact of life, and making sure you find the time to write a Will could save those you leave behind a great deal of logistical anguish.
‘A Will is a document you draft in your lifetime and is what you wish to leave to someone else when you die,’ says Mohammad Marria, a legal consultant at Dubai-based company Just Wills. ‘You can choose how
your estate is to be distributed; who takes care of the kids, and your funeral arrangements.’
Here’s a sobering fact about being an expat in the UAE without a Will: in the event of a man’s death, the mother of his children may not get custody.
‘If your husband dies in the UAE, [under Sharia law] preference will be given to the closest male relative on the husband’s side of the family,’ explains Marria.
‘Culturally guardianship is given to the father’s side; or the mother may get custody providing she doesn’t remarry.’ Additionally, naming interim guardians of your children will see them avoid being placed in state care until permanent guardians arrive from your home country.
‘Guardians travelling to the UAE to take custody of children may have to apply for a visa, which may take time,’ says Marria. ‘In your Will you can nominate someone to look after them for you.’
‘For those who have appointed interim guardians for their children, we suggest you give one set of notarised Wills to your sponsor company’s HR department,’ adds Yvonne Tsui, principal director at Expat Wills. ‘This ensures your wishes are known by your sponsor and the UAE Government.’ Getting your will authenticated is something else you might want to consider and an attested will cannot be changed, so make sure all the information you want is correct.
‘In the UAE you receive gratuity and maybe company life insurance posthumously, but people tend not to look at their full net worth when drafting their Will,’ says Marria.
‘I had a case with a Will-less gentleman: when he died, his employer paid out Dhs1 million in life insurance and it ended up in the courts for two years. In the end the brother of the deceased got the lion’s share [rather than the wife].’
‘With Sharia law, money and assets go to the family rather than just one person,’ explains Marria.
‘Take a family with young children; if the husband dies and his wife gets all the money and then remarries, her new husband could take that money. But if the wealth is distributed to everyone, no one is left out.’
So, what are the most important things to take into consideration when drafting your Will as an expat living in the UAE?
‘Non-Muslims should include the line, “I am not a Muslim, I am a [insert religion here]”, along with, “I do not want UAE law to be applied, but rather the laws of my home country”,’ says Marria, as Sharia law is applied to anyone who dies without a Will in the UAE, regardless of their religion.
Also, when shopping for someone to help put your Will together, look for a company that is regulated by the Legal Affairs Department.
Marria points out that there is one thing you can’t cover: ‘Bank accounts will still be blocked irrespective of the Will.’ But in the face of all other realities, should the worst happen, this is no argument for not getting this important personal admin done.
Contact Mohammad Marria at Just Wills at mohammad@just-wills.net, (04 311 6592); Yvonne Tsui at Expat Wills Yvonne.tsui@expatwills.net, (04 509 6807).
Legal advice and help with Wills in Abu Dhabi
Expat Wills
A Will company based in Dubai providing English language Wills to non-Muslim expats living all over the UAE. They write wills in accordance wth the law of your home country. It’s important to note they are not a law firm.
www.expatriatewills.com
Al Rowaad Advocates & Legal Consultancy
The Al Reem Island-based consultancy offers a free initial 15-minute telephone consultation for new clients.
www.awf.ae (02 650 1211).
Mio Law Firm
This Abu Dhabi law firm, which has been practicing in the emirate since 1985, has free consultancy – on a variety of services – available. They can help with everything from insurance, real estate, rental disputes and more.
www.miolawfirm.com (02 677 5700).
