Wills for Dubai expats

How do you work out what is the best option regarding Wills for Dubai expats? Certainly as an expat in Dubai you do need to be aware of the local law concerning Wills and inheritance as it can work in a very different way to UK inheritance rules.

Dubai clock tower – expat landmark

In fact Dubai law is under the umbrella of UAE law and when it comes to inheritance matters relating to foreigners, e.g. British expats, it is split into two categories.

Property

Property (or immovable property), like houses, apartments and land, is distributed under Dubai law which incorporates a regime of forced heirship distribution in line with Shariah law. Shariah distribution tends to pass more to male than female beneficiaries and typically a brother of the deceased may receive a greater share of his bereaved wife. The local court in Dubai Will rely on the opinion of a Shariah scholar appointed to determine who should inherit and how much.

Movable Assets

This category includes money, stocks and vehicles held in Dubai or the UAE. They will be frozen until all debts are paid and probate is obtained. After which distribution can take place in line with the expatriates foreign Will.

Uncertainty

There are suggestions coming from some quarters that an expat’s Will, that is valid in his own country, should be followed by the Dubai Courts for real property owned in the UAE which would to allow property to distributed as per the deceased’s Will rather than under the forced heirship rules within Shariah law.

The Dubai Courts will decide each case as it comes to them. There is no guarantee that in any particular case the court will apply foreign law over Shariah law but it is possible. The chances of a foreign Will being followed when the distribution of real property is in issue will improve if there are no no Muslims or UAE nationals ‘lining up to be potential beneficiaries.

Despite suggestions that the law will be clarified soon we must treat the issue of wills in Dubai with caution. Ex-pats making Wills in Dubai will still have to decide chose whether to have one Will for all their assets home and abroad or do a separate Dubai Will. Please be aware that having separate Wills for Dubai might be interpreted as is an invitation to the local Court to apply the Dubai/UAE law including the Shariah law forced heirship distribution.

So the question remains, separate Wills for Dubai or one for world wide application? if you would like to talk this over contact Bill Ryan here on Dubai Wills.