100 Wills, 100 Stories: Protecting Legacies in the UAE

As a legal professional with over a decade of experience in succession planning, I've had the privilege of drafting more than 100 wills for clients across the United Arab Emirates (UAE). 

This journey has not just been about legal documentation, but about protecting families, securing legacies, and providing peace of mind during life's most uncertain moments.

The UAE presents a unique landscape for estate planning. Unlike many jurisdictions, the UAE offers multiple pathways for will registration, with three primary authorities: the Dubai International Financial Centre (DIFC), Dubai Courts, and Abu Dhabi Judicial Department (ADJD).

Through my extensive experience, I've observed that most clients gravitate towards DIFC and ADJD registrations, each offering distinct advantages for foreign residents.

Succession planning in the UAE is more than a legal formality - it's a critical step in protecting your family's future. Without a properly drafted will, your assets could be distributed according to local Sharia principles, potentially contradicting your personal wishes. 

This is why I always emphasize the importance of a meticulously crafted will that reflects your exact intentions.

One of the most crucial aspects of will drafting is comprehensive asset documentation. Clients must create a detailed inventory of their UAE-based assets, ensuring nothing is overlooked.

An often-overlooked consideration is the interaction between international wills. If you have an existing will in your home country, creating a UAE-specific will invalidate previous provisions regarding local assets. This complexity emphasizes the need for expert legal guidance.

The selection of executors, guardians, and beneficiaries requires profound thought and strategic planning. I always recommend clients consider multiple scenarios - what happens if the primary executor/ beneficiary/ guardian becomes incapacitated or passes away? By appointing alternate executors’/beneficiaries’/ guardians, you create a safety net for your loved ones.

For parents with minor children, guardianship provisions are particularly nuanced. The UAE has specific cultural and legal considerations regarding guardianship. For instance, guardians for female children must be female or married males. Moreover, I advise clients to consider interim guardianship arrangements, ensuring smooth transitions if permanent guardians are located outside the UAE.

Managing inheritance for minor beneficiaries demands as well careful strategy. When drafting a will in the UAE, it's crucial to consider all possible scenarios regarding beneficiaries, especially when minor children are involved. This prevision ensures that your assets are protected and distributed according to your wishes, even in complex situations. For beneficiaries who are minors, appointing a trustee is essential. This trustee will manage the inherited assets until the minor beneficiaries reach the age of majority in the UAE, which is 21 years old. However, as a testator, you have the flexibility to specify a different age (higher than 21 years) at which the beneficiaries can take control of their inheritance. This provision allows you to ensure that your children are mature enough to handle significant financial responsibilities. The role of trustee doesn't necessarily have to be filled by the same person appointed as the guardian. In my experience, I've encountered numerous cases where clients made strategic decisions in this regard, appointing different people as guardians and trustees. Moreover, in some circumstances, clients express concerns about their children inheriting substantial assets at the age of majority. They worry that at 21, their children might not yet possess the maturity to manage significant wealth responsibly. To address this, testators can stipulate in their will that the beneficiaries only gain full control of their inheritance at a later age - this age must be explicitly stated within the will's terms. This approach allows for a more structured financial support system, ensuring that the inheritance is used wisely and not dissipated through immature financial choices.

The most delicate conversations often revolve around body disposition wishes. Some UAE authorities have strict regulations about cremation and other post-mortem arrangements. I've learned to approach these discussions with sensitivity, typically addressing them towards the end of our consultations to ensure clients remain focused on the broader estate planning objectives.

Witness selection for the will registration is another critical element often misunderstood.  It's important to note that this requirement is specific to DIFC wills and is not applicable to all will registration processes in the UAE. DIFC has specific requirements, typically prohibiting beneficiaries from serving as witnesses. These seemingly minor details can significantly impact will validity.

My years of experience have taught me that Will drafting is an art form - balancing legal precision with personal understanding. Each Will tells a unique story of a family's hopes, concerns, and love. 

For those navigating the complex world of UAE succession planning, professional guidance is not just recommended - it's essential. Your legacy deserves nothing less than comprehensive, thoughtful protection. 

If you're seeking to secure your family's future and protect your UAE assets, I invite you to begin this important journey together. Your peace of mind is my ultimate goal.

To discuss your specific needs and explore comprehensive estate planning solutions, please contact me at rg@elnaggarlegal.com.