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Your ‘Dubai Will’ Instructions Step by step help with making your Expat Will

Making your ‘Dubai Will’

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Guidance to assist clients write their instructions for their Dubai Expat Will from Bill Ryan of Corsham Barristers Chambers

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  • 1. Your Dubai Will Instructions
    Step by step help with making your Expat Will

2. Preliminaries
Before you begin providing your instructions you need to confirm
You are 18+
You are UK national or domicile
If you are Muslim N.B. Sharia law may be applied to your UAE estate
You understand making a Will is important
That you need to provide ID
That Bill Ryan needs to see how you signed (attested) your Will
3. Your DetailsParagraphs 1-6
This is the part where you enter personal details of you and (if applicable) your partner
All your names please
If you have more than one nationality please put all down
It is important to know if you are Muslim
Details of other names used
Marriage can invalidate your Will so I need to know if this is planned and to whom.
4. Your childrenParagraph 7
You childrens details must be put here
Indicate who are the parents in each case (e.g. child of A only)
Include step-children
Include children even if NOT to be mentioned in the Will. THIS IS IMPORTANT
If you have more than seven children continue in paragraph 17 or on a separate sheet
5. Assets & LiabilitiesParagraph 8
Please give an indication of your assets & liabilities on this checklist
In particular detailing jointly owned property can be important information
It helps me assess your position and may influence the advice I give you
If you do not wish to that is your prerogative just check the box in the top right hand corner
6. Assets Abroad & Business InterestsParagraphs 9 & 10
Details of property & assets held in other countries are important
Whether you have a Will for that country
If you have a business there may be special considerations
It must a business that could continue without you after your death
7. ExecutorsParagraph 11
Choose up to four executors per person
Partners/spouses do not need to have all the same executors
It is sensible to chose your spouse/partner if suitable
Major beneficiaries are good choices in may situations
Consider a professional if you need help due to complexity of lack of suitable executors
8. GuardiansParagraph 12
Name one or two guardians for children under 18 years old
The second one is best appointed as a reserve
Choose someone you trust to look after your children as their own
Can be a member of the family or a friend it is your choice
Do ask them first it is an honour and a responsibility
A guardian can be an executor and a trustee of your childs estate until old enough to inherit directly
9. Distribution of your estateParagraph 13
You can specify particular gifts of money, articles, shares etc. in these this paragraph
Decide whether gifts should be free of inheritance tax if applicable
Decide if to be given away in the will of the first to die or after your surviving spouse/partner dies (2nd death)
For articles give a good description to avoid confusion
If you have a large number of items you might want to give authority to someone to distribute them
10. The ResidueParagraph 14
Your residue is everything you own not given away earlier in the Will and not owned as joint tenants
You can leave the residue to:
Your spouse/partner first and then to your children
Straight to your children
Your spouse/partner and then to persons other than your children
Other people who you specify
11. Reserve BeneficiariesParagraph 15
Consider appointing reserve beneficiaries
Sometimes called a disaster clause
Deals with who benefits if all your intended beneficiaries are killed
This is much more relevant when you have young children and you travel together as a family and that is the complete list of beneficiaries
If you do appoint reserves be realistic and dont try and cover every angle
It is not compulsory so if you dont really care about this part ignore it
12. Have you excluded anybody?Paragraph 16
If you have deliberately left a child or dependent out of your will say so here
Give a short explanation of why
This could include anyone that you looked after financially in the last two years
If there is anyone in this category an Exclusion Statement may be advisable
13. Identification Requirements
Sorry! Money laundering Regulations apply
Please provide copies of identification documents for each person
Normally two are needed
Something that identifies the person
Something that identifies the address
Scans, photocopies or camera photos are OK
Typical documents that are acceptable
Passport
Birth certificate
Driving licence
Utility bill
Liquor licence
Bank statement
Credit card statement
Emirates ID card
14. Storing Your Will
Once your Will has been attested (signed & witnessed) it needs to be put in a safe and secure place where it can be located by Executors
Fire & water proof safes are good options
Bank security boxes create access problems for executors
The Secure Wills Storage and Update option gives the following benefits
Minor changes to your will at no charge
Secure insured Will storage in the UK
Access to executors who have card with access code
Postal service
Executors know exactly where the Will is located
15. Sharia Law and your expat will
A valid UK will is valid in the UAE after all the necessary processes have been gone through (i.e. translation, notarisation etc.)
UK Wills have no requirement to have regard to Sharia law
The idea of Sharia compliant Wills is something of a myth for a non-Muslim expat in the UAE
If you want to ask any questions do get in touch with Bill Ryan
There is some more
discussion of Sharia and
how it relates to UK Wills on
the Dubai Wills website
UK Wills & Sharia Law