Shariah Compliant Wills for Expats Living in UAE

Expats are flocking to the UAE in their droves as the idea of a better financial and weather climate becomes increasingly appealing.

But an aspect of living in a foreign country that can often be overlooked is the necessity to create a will. This is of particular importance to those residing in Abu Dhabi, Dubai or any of the other emirates. If an expat were to die in the UAE and had no will in place, Sharia law will be enforced.

Sharia Law

Sharia law dictates that the son or sons will get a large majority of any inheritance, if there are no sons of the deceased, the inheritance will be split among brothers, sisters and parents. Only 20% of residents in the UAE have a Will in place according to statistics released by the Ministry of Interior in Dubai, and with stories emerging of assets being frozen for years due to the absence of a will, and a protracted legal process, it would appear that the 80% who have not yet considered arranging their affairs would be wise to do so as soon as possible.

It wasn’t until 2005 that a law was passed which allowed non-Muslim expats to have the law of their home country put into force upon death. But this is only on the proviso that a legally binding will is put in place.

Having a will is important for a variety of reasons, not just for deciding who gets the contents of the attic. A will should also contain instructions for the care of any young children, repatriation and burial arrangements, and can also be written specifically to disinherit those who would otherwise stand to gain from your death.

First and foremost though, the importance of creating a will is related to financial issues. Once written, your will ensures that the division of your intellectual property and assets goes to those you specify.

You can set up trusts via your will to ensure that lengthy probate is not incurred by loved ones, and you can ensure that your affairs are in order relating to any outstanding debts.

Priorities

With so many aspects of expat life to think about, one’s personal affairs can often be pushed lower down the list of priorities, but once it is done the peace of mind in knowing that you have safeguarded your family’s future and your finances cannot be underestimated.

There is a common misconception that once a will is written it is final, this is not the case. Many things will change over the course of a lifetime but having a will safely styored with your advisor means that you can update and amend it as any changes occur.

Putting in place a will is not reserved for those in the later stages of their life. As a responsible parent or spouse, a will is an integral part of the process regardless of age.