UAE: Made a will yet? Why failing to do so could cause ‘complications’

Many UAE expats often overlook the need to prepare wills, inheritance, and guardianship documents, assuming they can rely on their home country’s provisions or they can do so when they return home.

But legal experts say this can lead to significant complications if something unexpected occurs, highlighting the need for reconsideration.
“Many people come to the UAE with the mindset that they will return home eventually. They don’t see the need to prepare a will or guardianship documents here,” said Samara Iqbal, solicitor, director, and founder of Aramas International Lawyers.

Iqbal pointed out that the UAE encourages expats to create local wills, stating, “We advise that wills be notarised here, including details about guardianship for children and the distribution of assets.”

She emphasised the importance of having a clear plan for guardianship, especially for families with young children. “If something happens to both parents, the last thing you want is uncertainty about who will care for your children,” Iqbal explained.

She noted that a temporary guardianship document can also be beneficial. “This document allows parents to designate someone trustworthy — like a friend or neighbour — to care for their children until a permanent guardian can arrive from abroad,” she added.

Iqbal highlighted that an executor, the person entrusted to manage the will, must be able to navigate the local legal system, which can be challenging without proper documentation. “If you don’t have a will, it could lead to the distribution of your assets in a way you may not want,” she cautioned.

Many expats mistakenly believe that their foreign wills will automatically be recognised in the UAE. “Trying to enforce a home country will can be a little bit risky,” Iqbal urged. She suggested that creating a local will is both affordable and effective, typically costing between Dh3,000 and Dh5,000. “It’s not expensive, especially when you consider the peace of mind it provides,” she added.

Moreover, Iqbal stressed the importance of regularly updating wills and guardianship documents, especially after major life events like marriage, divorce, or the birth of a child. “Life changes can significantly impact your wishes regarding guardianship and asset distribution, so it’s crucial to keep these documents current,” she concluded.

Byron James, a partner at Expatriate Law and an international family law expert, echoed the need for local documentation. He noted that the UAE’s legal framework is different from that of Western countries. “In the UK or the US, there’s a common law framework that generally operates on testamentary freedom, with courts inclined to uphold a testator’s wishes unless there’s a very strong reason not to. The UAE, however, operates under a civil law system,” he explained.