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Drafting a will is a crucial step to ensure your assets and wishes are respected after your passing. However, the process can be complicated, especially in a unique legal environment like the UAE. By understanding the common mistakes to avoid when drafting a will in Dubai, you can prevent disputes and ensure your intentions are honored. This guide focuses on the top mistakes to avoid when writing a will in Dubai, common errors in Dubai will preparation, and how to avoid mistakes in drafting a will in Dubai, with particular relevance to residents in Dubai, Abu Dhabi, and the broader UAE.
What Are The Common mistakes to avoid when drafting a will in Dubai ?
Not Writing a Will at All Failing to write a will is the most significant mistake people make. In the UAE, if you don’t have a will, local inheritance laws apply by default, which often follow Sharia principles. This can lead to asset distribution that might not align with your wishes, especially for expats.
Ignoring Local Inheritance Laws Expats in the UAE frequently overlook the importance of specifying whether their will should follow the laws of their home country or UAE inheritance laws. Without this clarification, Sharia law might apply, potentially leading to unintended consequences.
Using Ambiguous or Vague Language Terms like “divide fairly” or unclear instructions can lead to disputes among beneficiaries. Misinterpretations may delay the execution of your will or lead to legal challenges.
Failing to Appoint Guardians for Minor Children If you have children under 18, neglecting to name a guardian in your will leaves their future uncertain. Courts will decide on guardianship, which might not align with your preferences.
Leaving Out Assets or Beneficiaries Forgetting to include overseas properties, bank accounts, investments, or specific beneficiaries is a common error. This omission can create conflicts and delays in asset distribution.
What is the biggest mistake in a will?
The biggest mistake in a will is failing to write one at all. Without a will, local inheritance laws dictate asset distribution, often leading to outcomes that may not align with your wishes. For expats in the UAE, this could mean the application of Sharia law by default.
What causes a will to fail?
Using an Invalid Template or DIY Will Generic templates may not address the complexities of your estate or comply with UAE laws, resulting in an invalid will.
Failing to Update the Will Life changes like marriage, divorce, or acquiring new assets require updates to your will. An outdated will may not reflect your current wishes.
Contradictory Provisions Leaving the same asset to multiple beneficiaries without clarity can cause disputes and delays.
What should not be written in the will?
- Funeral Instructions Including funeral preferences in a will is impractical, as the will might not be read in time.
- Unenforceable Conditions Conditions that are illegal or impossible to fulfill can render parts of your will invalid.
- Digital Asset Credentials Listing passwords and sensitive information directly in the will is a security risk.
How to avoid mistakes in drafting a will in Dubai and How POAPRO Can Help ?
At POAPRO, we specialize in providing tailored, professional services to help you draft a legally compliant will in Dubai, Abu Dhabi and the UAE. Our experts ensure that your will reflects your unique circumstances and preferences while adhering to local inheritance laws. Here’s how we can assist:
- Personalized Guidance: We provide expert advice to address your specific needs, including asset distribution, guardianship, and jurisdiction preferences.
- Legal Compliance: Our team ensures your will meets all UAE legal requirements, avoiding potential disputes or invalidation.
- Regular Updates: We help you review and update your will as your life circumstances change, ensuring it remains current and effective.
- Comprehensive Solutions: From drafting to registration, we handle every step of the process, giving you peace of mind.
By choosing POAPRO, you gain a trusted partner committed to protecting your legacy and securing your family’s future.
How long does it take to register a will in the UAE?
Registering a will in the UAE typically takes 1 to 3 weeks, depending on the authority (DIFC, Notary Public, or Dubai Courts) and complexity. Drafting and document verification can take a few days, with DIFC often completing registration in a day after an appointment.
What is a mirror will?
A mirror will is a pair of wills made by two people, usually spouses, that reflect each other’s wishes. Typically, each person leaves their assets to the other and, in the event of both passing, to the same beneficiaries.
Mirror wills are similar but not identical, allowing each individual to have separate wills that align with mutual intentions.
