Is it time to make my ‘UAE Will’?

UAE Wills and expats

As an expat in the UAE you may be thinking should I make my Will or do I need a Will at all. The simple answer is yes and that is a stronger yes than it would be if you were still back in the UK.

UAE law has inheritance rules for ‘real property’ (i.e. houses, apartments and land) that are different to the rules for movable assets (e.g. cash, shares and cars).

The Burj al Arab Dubai UAE is recognisable throughout the world is the inspiration for the Dubai Expatriate Wills logo

Routinely, movable assets within the UAE will be frozen until any debts have been repaid and probate is granted. These assets are then free to be distributed in line with the wishes in an expatriates Will that is valid in his or her home country.

However, real property (sometimes called immovable assets) currently stands to be distributed as per UAE law which of course involves Shariah law. This type of distribution favours male beneficiaries and typically a son is likely to receive a greater share of his parent’s estate than a daughter would. The decision on distribution made by the local court in the UAE, e.g in Dubai, will be based on the opinion of a Shariah scholar appointed to determine the the rightful beneficiaries and their respective shares.

There is uncertainty in this area of law.

There are suggestions from some quarters that the wishes of an expat expressed in a valid foreign Will should apply even for real property owned in the UAE and thus allow the property to distributed as per the deceased’s Will rather than under the guise of Shariah law.

Right now, the UAE Courts decide on the applicable law for each case as it comes before them. The chances of real property being distributed in accordance with a valid foreign Will increase if there are no disputes over the inheritance and there are no Muslims or UAE nationals ‘in the picture’ as potential beneficiaries.

There is no guarantee that any particular Court in the UAE will apply foreign law over Shariah law but it remains a possibility. There are suggestions that the law will be clarified in the not too distant future. In the meantime any ex-pats making Wills in the UAE will have to decide whether to have Wills for all their worldwide assets or do a separate UAE Wills. Some lawyers say that having a UAE Will is an invitation to the local Court to apply the local law including the Sharia law distribution.

UAE Wills for UAE assets or just one to cover everything? It’s your choice.

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Remember Dubai Expatriate Wills is not just Wills for Dubai expats!