Making a Will is highly encouraged by international law firms in Dubai. Under the Law of Inheritance, if a deceased expat does not have a Will, the UAE courts will decide the distribution of your assets. A Will is a legal document that secures and distributes your assets according to your wishes. It makes the process of arranging everything on a person’s death more convenient for the surviving loved ones. However, specific provisions don’t belong in your Will, as they cannot be enforced under the law.
1. Properties in joint tenancy or a living trust
Some
types of properties should not be included in a Will because they carry
independent rules that govern what happens after death. For example, with a
joint tenancy property, the law automatically grants the right of survivorship
to the joint tenant. It means when you die, your share of the property will be
passed on to the surviving joint tenant, regardless of what’s stated in the
Will. It would also be inconsistent to include an already delegated property to
someone by a living trust. Such property automatically goes to the
beneficiaries and will be managed by the trustee.
2. Proceeds that have a beneficiary
Legal consultants in Dubai would discourage including
life insurance and retirement plan proceeds in your Will. In life insurance
plans, proceeds automatically go to the beneficiary, often the spouse or minor
children. The same procedure applies to retirement plan proceeds or money from
pension, stocks, and bonds held in beneficiary and payable-on-death bank
accounts. These plans already contain a section for you to list your
beneficiary.
3. Burial or funeral plans and instructions
Your
Will isn’t the best place for you to list your funeral or burial preferences.
These arrangements are among the first matters of business after someone dies.
In most cases, settling the estate doesn’t happen until after the funeral.
Thus, family members may not even notice your funeral wishes and may not be
carried out. A good alternative is to talk with your loved ones ahead of time
regarding these matters. So, when the time comes, they can arrange for services
according to your plan.
4. Care for a special needs’ person or pets
While
it is possible to arrange care instructions for a person with special needs, a
Will may not be the best place to do it. Lawyers
in Dubai would suggest setting up certain types
of trusts (i. e. special needs trust) to address the management of a loved
one’s special needs. This also applies to pets, as they don’t have the legal
capacity to own a property. You can either set up a pet trust fund or give your
pet to someone you trust. You can also leave that person money or property for
care expenses.
Understanding the correct information to put into a Will can be confusing. Motei & Associates can make the experience of setting up your will hassle-free. They can help you register a Will that anticipates different circumstances, no matter which nationality and religion you belong to. When it comes to expat Wills Dubai is the right place to be! Call +971 4 435 5959 to book an appointment with Motei & Associates today.
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