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Wills for expats without UK connections?

I am sorry but I don’t write wills for expats without UK connections

I get quite a few enquiries from people interested in making a will whilst an expat in Dubai. Unfortunately, as is often the case, if there is no nexus with the UK. Typically this could be you are an Indian or US national with no property in the UK and no domicile linkage either.

The answer for these people is normally to have a will written for the country you are a citizen of or possibly where you are normally domiciled other than Dubai.

UAE and Dubai law is clear enough in that a will valid in your own country will be valid after all the procedures are followed. However there is always the caveat that if you are a Muslim any will you write may not be followed except where it fits with sharia distribution.

If you are from England or wales, live in England or Wales or have property there I could be the person to help you out. I may be able to help if you are from Scotland but it depends on all the circumstances.

More help to make your expat Will

Following feedback from clients I have provided a PowerPoint presentation on video to help anyone giving instructions for their expat Will. Here is the link:  Expat Will Instructions – guidan

It is just under 7 minutes long and contains helpful information and tips about each section of the Wills Instruction form and the thinking behind it.

It is hoped that this will answer many of the questions and deal with some of the inevitable uncertainties for clients going through the process.

However it is still the case that if anyone needs any help they need to ask. There is always likely to be something that is unclear unless experienced in making Wills.

As one of the enduring questions seems to be is this will going to be Sharia compliant I have put in a mention about this and provided a reference to my article on this website about Sharia and Sharia compliant Wills.

Summer time is time for reflection?

It is proably ‘old-hat’ that most expats like to leave Dubai in the summer because of the heat. However, I have noticed that there are still a lot of people searching the web for information about ‘dubai wills’ and ‘expat wills’ because this is something worth keeping an eye on from the business perspective. The figures are lower but not that much lower than normal.

So is it that those who are still in the UAE are using the time wisely to get their affairs in order and finally sort out this important piece of ‘family business’?

It is difficult to be sure but it certainly would be a good time to write your expat Will. Well in fact if you don’t have a Will anytime is a good time and sooner rather than later.

If you want to do your Dubai Will in a cost effective way written by an English barrister contact Bill Ryan now.

Heir Hunters on the BBC and finding your will?

I watched the Heir Hunters on the BBC again for the first time in ages. Actually it should be compulsory viewing for people who haven’t made a Will and perhaps those who have and don’t keep it in a suitable safe place. This mad eme think about expats in Dubai who have made a Will. Where do they keeep it?

The programme is about firms of investigators who trace relatives of people who die intestate. They quote figures of over two-thirds of adults dying without a valid Will in place. it becomes clear that some people are surprised that their relative hadn’t made a Will – possible thinking it was lost or that they left things to late before circumstances over took them e’g’ loss of mental capacity.

One of the messages I would put forward based on this programme is “DON’T LEAVE IT TOO LATE” and “KEEP YOUR WILL IN A SAFE PLACE” where it can easily be found. That means fire and water proof and in a place known by the executors.

Where to keep your Wills can be a greater challenge if you are living in Dubai or elsewhere in the UAE. The question is how do your executors get hold of the Will? One answer is to use safe storage facilities such as the one I can offer offer using the excellent facility provided by King’s Court Trust in Bath. A real advantage for Dubai expats ids the will would be sent to the executor after producing ID and the death certifiacte. Think of where your executors are in the world and what mught happen in your cirumstances. How does your executor get hold of the Will?

If you want to know more about safe and secure will storage please contact Bill Ryan to find out more.

Joint Tenancy UK Law

Joint Tenancy is important to understand

Property of any type (be it personal property or land) held jointly with one or more persons does not form part of an estate if it is held as joint tenants. This law applies to UK expats assuming they have a UK Will. it may well aply in othe rcommon law jurisdictions as well.

If a Will includes a gift of any property held as a joint tenant the gift fails. This is a common mistake made in Do It Yourself Wills. The law is very clear that the remaining joint tenants will continue to own the property under the Doctrine of Survivorship.

The true position is that on the death of a joint tenant that interest in the property dies with them. There is nothing to pass to another in their estate.
The other way of owning property jointly is as tenants in common. This type of joint ownership gives each owner a share in the property which can be passed to another e.g. by gift in a Will.
Ownership as a joint tenant can be converted to a tenancy in common by means of severance which is a procedure where one joint tenant gives notice in writing to the other joint tenant(s) that the joint tenancy ownership is now severed.

As an expat with an British Will in Dubai or elsewhere in the UAE this might be of real importance to you.

The form of property ownership can be critically important when there are children from a first marriage who are due to be beneficiaries. If the new marital home is owned under joint tenancy there will be no inheritance of a share in the property despite the wishes made clear in a Will

“Can’t Take it with you” BBC programme

A BBC programme about inheritance applies to UAE expats

This programme focussed on the the issue of giving unequal shares to your children in your Will.

One family, the Fentons, found it was a real benefit to have a open and frank discussion where the views of all concerned were aired.

The moral of this story is that making a Will is a very good idea. When it was all sorted out and agreed it was clear that Brenda Fenton was immenslly releived.

The second point is that if you are contemplating leaving your estate to your children in anything other than equal shares this should be talked about. Just leaving the surprise for your children could bring about real hurt and possible disputes. It didn’t happen for the other family in this programme but it could have done if the half-sister who had inherited less hadn’t been so accepting of the result.

Make a Will and if there is anything out of the ordinary do talk to your family about it – you don’t want to leave a legacy of bitterness and disputes for your children, do you?

And finally it does highlight that you do need to do a Will now – never too soon but can be too late.

Do bear in mind thses are considerations for anyone making a UK Will as well as many other expats whether or not you live in the UAE.

I was shocked and saddened to see that Brenda Fenton had died after this programme was made. A lovely family and a credit to her and her husband.

Peace of mind from your Dubai Will?

For the majority of people who have not made a Will there should be a little something nagging away saying “do it now”. If you are an expat in Dubai the law in Dubai etc is a bit different. You probably know that already but have you really got to grips with what really counts for you.

Looking at inheritance matters do you really understand what will happen if you die intestate?

Do you understand the Dubai law relating to recognition of foreign Wills? If you rely on your friends for answers you may get it wrong!

Do you think you might need a Sharia compliant Will? Well I can answer that one straight away – NO unless you are a Muslim.

If you want straight answers to your questions or you want to make your Will now come to Dubai Expatriate Wills. You will get honest answers with no flannel not designed to frighten you into something – just giving answers.

And unlike some providers there is no charge to have a consultation or have questions answered.

New pages for Sharjah and Ras al Khaimah

In line with developing pages to cover inheritance matters in each of the seven emirates in the UAE there are now pages for Ras al Khaimah expat Wills and Sharjah expat Wills.

These pages will be further developed as will the existing pages Ajman expat Wills and Abu Dhabi expat Wills.