The Estate Planning Experts

* Open For Business in Dubai SOON *

Due to the late handover of our new office in Dubai, we anticipate the revised start date for business will be in November 2008.

"I am a British Expat so why should I make a Will in Dubai?"

You should consider making a Will in Dubai or update your existing Will if you want your assets to be distributed as your wishes using the Law of your home country, instead of Muslim Sharia Law.

A Dubai Federal Law was passed at the end of 2005, the Personal Affairs Law (No. 28 of 2005). It appears that, as a result of this new Personal Affairs Law, a foreigner can opt for the laws of his own country to apply on the question of inheritance. Although it is not entirely clear if this applies to immovable assets (real estate property).

The United Arab Emirates is essentially a civil law jurisdiction heavily influenced by French, Roman, Egyptian and Islamic (Sharia) law. Common law principles, such as adopting previous court judgments as legal precedents, are generally not recognized (although judgments delivered by higher courts are usually applied by lower courts). Unfortunately the sharia courts in the UAE often on occasion decide to apply sharia law to the disbursement of an Expat's assets despite them having the correct legal documentation (attested grant of probate etc) and in these cases it may be necessary to appeal to a higher court.

If you have any money in a bank in Dubai, savings or you own property in Dubai, making a will that is professionally written and executed should help protect your assets and your family.

As a British Expat living in Dubai, making a will with Expat Wills can also help protect your existing assets in the UK such as property and savings, in addition to assets in Dubai. Expat Wills is a professional legal will writing and Estate Planning company and we have helped many British Expats located in Dubai by writing professional Wills that best suite their particular personal and family circumstances.

We do not write just wills in Dubai but we also advise clients on their entire estate planning needs which includes trusts, lasting power of attorney, severance of joint tenancy related to property ownership and will storage

WHAT WILL HAPPEN IF I AM A BRISTISH EXPAT AND I DON'T HAVE WILL IN DUBAI

If you have assets in the UK and you do not leave a valid will, there are statutory rules under the law of England and Wales (called the "intestacy rules") that determine who gets what. However just dying without a Will in Dubai is a problem as your assets may be distributed in accordance with Islamic Sharia Law. This law is very different from the British legal system and has a particular procedure based on a fixed share allocation system for the disbursement of a deceased assets to family members.
Unless you have no concern about the distribution of your estate both in the UK and in Dubai after death, you should make a Will and take professional advice on Estate Planning matters. If you do not, you will die intestate (with a Will) and your assets may be disposed of in a way that does not coincide with your wishes. Your family's problems will be even more complex if you own assets in more than one country, such as British Expats owning property in both the UK and Dubai. Dying intestate can also cause prolonged legal battles.
In addition your family will be faced with the problem that your Dubai based assets may be frozen due to Dubai Muslim law and your bills, debts and mortgage will not die with you, this could leave a great deal of debt unpaid until your estate is finally dealt with by the Dubai Courts based on Sharia Law. Therefore we believe engaging the professional Will writing services of Expat Wills is a very important part of your life planning and will give you and your family peace of mind that your financial affairs are in order.
If you die intestate (without a legal last Will and testament) in the UK your estate will probably remain tangled up in probate for up to 2 years. However if you are a British expat resident of Dubai, dying without a legal Will and Last Testament is a far more serious matter. Your assets will most likely be distributed in accordance with Muslim law (Sharia Law) which is very different to the Common Law of the UK.
As a British expat resident in Dubai it is very important that you make a properly valid and witnessed Will and Last Testament, which can protect your assets both in the UK and in Dubai. A well thought out Will and Last Testament prepared by Expat Wills is simply good financial planning.
Most people including British Expats living in Dubai prefer not to think about making a legal Will and Last Testament. Yet have you ever considered the complications that might arise if the unthinkable happened whilst you were here in Dubai and you did not have a Will in place to protect your loved ones?
Assets such as money in the bank and property may not automatically go to your dependants if you die whilst residing in Dubai. Your immediate family may have to wait a very long time to benefit from your UK and Dubai based assets at a time when they desperately need money to live in Dubai, for funeral expenses or just to return to the UK.
There are often disputes within the nicest of families over property and other assets however making a Will clearly indicating your wishes to your beneficiaries will go a long way to resolving future arguments and disputes.

Most British Expats in Dubai that already have a legal Will, might not be aware that your existing UK Will may not be valid simply due to a change in your personal circumstances. Your existing Will may need updating if :-

You are a British Expat and just having money, assets and property in Dubai.
Should you marry or divorce either in Dubai or the UK
The birth or adoption of children in Dubai or the UK.
You wish to add or change guardians for children.
You have recently experience a significant change in financial status either to your assets in Dubai or the UK.
There has been a significant change in tax laws in the UK or Dubai.
You have a requirement to change beneficiaries.
The death or incapacity of a named executor or trustee.
You need to change personal details such as your residential address now that you are an expat residing in Dubai or you need to alter some personal details of someone mentioned in your Will.

"Certainty? In this world nothing is certain but death and taxes." Quote by: Benjamin Franklin

If you are a British citizen domiciled (where his or her permanent home is situated and not your current residency) in the UK, which is the case for the majority of British Expats living in Dubai, the UK Inland Revenue will take into account your WORLDWIDE assets when calculating your Inheritance Tax (IHT) liability on death.

Therefore British Expats living in Dubai must be aware that an individual who is domiciled in the UK is liable to IHT on chargeable property on a worldwide basis and as such must have a Will that is tax efficient and in compliance with the latest inheritance laws of the UK.

A non-UK domiciled individual is also liable to IHT, but only on chargeable property in the UK. There is a separate rule regarding domicile, which applies for IHT purposes only. An individual can be deemed domiciled in the UK for IHT purposes if he or she was just UK domiciled at any time in the 3 years immediately preceding the time at which the question of domicile is to be decided, or alternatively UK resident for at least 17 out of the last 20 years ending with the tax year in which a chargeable event takes place.

As estate planning expert we do not do just wills and therefore Expat Wills understand that Expatriates don't like thinking about morbid issues like dying and just what will happen to their children and loved ones they leave behind if they don't make a will. Aside from the trauma to your family etc, they will then have to contend with various issues regarding your financial situation both in Dubai and back home in the UK.

How making a will with Expat Wills can help you

Making a will and obtaining professional Estate Planning advice in Dubai could not be easier, as qualified legal will writers we understand that British Expatriates working in Dubai are very busy and therefore we can meet you at our office, your home or any other place of your choosing to discuss how a Will can help distribute your estate in accordance with your wishes.