Many expatriates in the UAE often overlook the importance of preparing wills, inheritance, and guardianship documents, assuming they can rely on their home country’s provisions or handle these matters when they return home. However, legal experts caution that this oversight can lead to significant complications if something unexpected occurs. Samara Iqbal, a solicitor and founder of Aramas International Lawyers, notes that many expats come to the UAE with the mindset that they will eventually return home, thus seeing no immediate need for local documentation.
Iqbal emphasizes the importance of creating local wills, which should be notarized and include details about guardianship for children and asset distribution. She highlights the need for a clear plan for guardianship, especially for families with young children, to avoid uncertainty about who will care for them if both parents are unable to do so. A temporary guardianship document can also be beneficial, allowing parents to designate a trustworthy person to care for their children until a permanent guardian arrives from abroad.
Moreover, Iqbal stresses that an executor must be able to navigate the local legal system, which can be challenging without proper documentation. Many expats mistakenly believe that their foreign wills will automatically be recognized in the UAE, but this can be risky. Creating a local will is both affordable and effective, typically costing between Dh 3,000 and Dh 5,000. Iqbal also emphasizes the importance of regularly updating wills and guardianship documents after major life events like marriage, divorce, or the birth of a child.
Byron James, an international family law expert, echoes the need for local documentation. He notes that the UAE operates under a civil law system, which is different from the common law frameworks in countries like the UK or the US. Without a properly registered will, local inheritance laws may overrule an expat’s intentions regarding guardianship and asset distribution. James identifies several misconceptions among expats, including the belief that foreign wills automatically apply in the UAE and that wills are only necessary for property owners. He warns that without local guardianship arrangements, there could be state intervention, which no parent wants to risk.
In summary, expats in the UAE should prioritize creating local wills and guardianship documents to ensure their wishes are respected and to avoid legal complications. Regular updates to these documents are crucial to reflect changes in personal circumstances.
