Making A Will

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Old Feb 14th 2012, 6:17 pm
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Default Making A Will

Tried using the search facilty but gave up after 20 minutes. Having been quoted Dhs3,000 by Global Eye for making a "simple" UAE will, does anybody have any other suggestions for doing the deed without going through a solicitor? All the on-line companies I have found only seem to cater for wills valid in England and Wales, not much use for me as almost all of my assets are off-shore. Many thanks, guys and Meow.
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Old Feb 14th 2012, 6:27 pm
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Default Re: Making A Will

I had made a will recently in Q8 - I was told that sharia law is applied to the assets all expats that are held in the Q8 (probably most countries in ME), no matter their religion. 99.9% of my assets are spread over different countries and jurisdications - I was told that you can make matters a little more in your favour by having a will translated into Arabic and attested by the courts.
If you have joint accounts then these may/will be frozen during the period - so perhaps its wise to have an emergency account in the wifes name as well.
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Old Feb 14th 2012, 6:35 pm
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Default Re: Making A Will

Originally Posted by mentalist
Tried using the search facilty but gave up after 20 minutes. Having been quoted Dhs3,000 by Global Eye for making a "simple" UAE will, does anybody have any other suggestions for doing the deed without going through a solicitor? All the on-line companies I have found only seem to cater for wills valid in England and Wales, not much use for me as almost all of my assets are off-shore. Many thanks, guys and Meow.
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Old Feb 14th 2012, 6:54 pm
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Default Re: Making A Will

Originally Posted by mentalist
Tried using the search facilty but gave up after 20 minutes. Having been quoted Dhs3,000 by Global Eye for making a "simple" UAE will, does anybody have any other suggestions for doing the deed without going through a solicitor? All the on-line companies I have found only seem to cater for wills valid in England and Wales, not much use for me as almost all of my assets are off-shore. Many thanks, guys and Meow.
Hello

Just send me a PM and I'lll give you the info you want. You should use a solicitor (not someone who has been on a will writring course) as it is very important to get this right. Lawyers probably make as much money sorting out faulty wills as they do writing them!

You do not require a 'UAE will'. If you are a British national then you require a will written in accordance with British law. Clearly the person who spoke to you hasn't a clue. You need one will only and that can take into account assets worldwide.

There is far too much incorrect nonsense spouted about wills for expats. It's simple really - they should be written in accordance with home country rules, there is no such thing as a 'Sharia compliant' will and the last will you make is the only valid one.

There is a piece about wills on my blog.

EDIT> Here's the link. http://financialuae.me/2011/05/11/where-theres-a-will/ It's an article I wrote with a local magazine last year but is still valid

Last edited by Meow; Feb 14th 2012 at 7:00 pm.
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Old Feb 14th 2012, 7:03 pm
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Default Re: Making A Will

Originally Posted by UKCityGent
I had made a will recently in Q8 - I was told that sharia law is applied to the assets all expats that are held in the Q8 (probably most countries in ME), no matter their religion. 99.9% of my assets are spread over different countries and jurisdications - I was told that you can make matters a little more in your favour by having a will translated into Arabic and attested by the courts.
If you have joint accounts then these may/will be frozen during the period - so perhaps its wise to have an emergency account in the wifes name as well.
It is law in the UAE that a man's assets, even those held in joint names, are frozen on death. That includes bank accounts and cars.

A properly written will (translation & attestation can be done post-mortem) should be honoured by the UAE courts and to date, none haven't been for non-muslim expats. You just have to prepare properly.
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Old Feb 14th 2012, 9:07 pm
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Default Re: Making A Will

Something often overlooked when considering a will is that expats will have to face things like local accounts being frozen and charges related to releasing bodies and sending them home.

All things no one needs to be worrying about at a very difficult time. It is equally as important to ensure you have some measure of decent life insurance in place that is properly underwritten by a good company (ie; not a cheap local one but an international one with a sterling track record). The last thing anyone needs is a widow or widower, perhaps with children unable to face daily expenses or take care of an estate due to lack of money.

Don't rely on company life cover - they often use the cheapest companies without proper underwriting and name themselves as beneficiaries first (in case you own them anything...or they think you owe them something).

I won't start on inheritance tax if you are a UK national, it's too early in the day

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Old Feb 15th 2012, 1:01 am
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Default Re: Making A Will

Originally Posted by Meow
There is far too much incorrect nonsense spouted about wills for expats. It's simple really - they should be written in accordance with home country rules, there is no such thing as a 'Sharia compliant' will and the last will you make is the only valid one.
Depends on the country you live in. It's not a one answer fits all.

For some, it might be sensible to have a will in each country covering assets in that country.

For some, it might be better to have a will in the country they are residing in.
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Old Feb 15th 2012, 4:42 pm
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Default Re: Making A Will

Originally Posted by Bob
Depends on the country you live in. It's not a one answer fits all.

For some, it might be sensible to have a will in each country covering assets in that country.

For some, it might be better to have a will in the country they are residing in.
In the vast majority of cases the last will you make is valid - hence the term 'last will and testament'. The making of another will invalidates any previous ones written and that is certainly the case for British nationals. You should therefore have just the one will that takes into account assets in different countries.

Sorry Bob, suggesting otherwise could put people in a very difficult and unwanted legal position.

Bear in mind also that British nationals, no matter where they are living and no matter where they hold assets, are subject to UK Inheritance laws.
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Old Feb 16th 2012, 8:22 am
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Default Re: Making A Will

Originally Posted by Meow
In the vast majority of cases the last will you make is valid - hence the term 'last will and testament'. The making of another will invalidates any previous ones written and that is certainly the case for British nationals. You should therefore have just the one will that takes into account assets in different countries.

Sorry Bob, suggesting otherwise could put people in a very difficult and unwanted legal position.

Bear in mind also that British nationals, no matter where they are living and no matter where they hold assets, are subject to UK Inheritance laws.
They are also subject to the laws of the country they are resident in.

Sometimes it just is easier having a will per country, dealing with assets, especially property based in the country they are held.

I'm not saying it is the case for every one, certainly in the UAE, but I wouldn't also say in a blanket statement that one will, in the UK alone for everyone is a good idea either.
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Old Feb 16th 2012, 10:23 pm
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Default Re: Making A Will

Probably a good idea to have the minimum amount of assets held in ME.
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Old Feb 17th 2012, 2:35 am
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Default Re: Making A Will

Originally Posted by Bob
They are also subject to the laws of the country they are resident in.

Sometimes it just is easier having a will per country, dealing with assets, especially property based in the country they are held.

I'm not saying it is the case for every one, certainly in the UAE, but I wouldn't also say in a blanket statement that one will, in the UK alone for everyone is a good idea either.
My solicitor back in the UK says that, wherever you travel to work, emigrate, settle, whatever - only ever have ONE WILL.
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Old Feb 17th 2012, 2:49 am
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Default Re: Making A Will

Originally Posted by The Dean
My solicitor back in the UK says that, wherever you travel to work, emigrate, settle, whatever - only ever have ONE WILL.
I would think that you could have as many wills as you like, but the only valid one will be the last one.

I'm not a solicitor by the way, I just believe that's the way it is.
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Old Feb 17th 2012, 4:10 am
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Default Re: Making A Will

Originally Posted by Bob
They are also subject to the laws of the country they are resident in.

Sometimes it just is easier having a will per country, dealing with assets, especially property based in the country they are held.

I'm not saying it is the case for every one, certainly in the UAE, but I wouldn't also say in a blanket statement that one will, in the UK alone for everyone is a good idea either.
That would be right for my case and perhaps for other Brits with dual nationality.
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Old Feb 17th 2012, 9:26 am
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Default Re: Making A Will

Originally Posted by The Dean
My solicitor back in the UK says that, wherever you travel to work, emigrate, settle, whatever - only ever have ONE WILL.
Like I said, that probably is the case for many, most here in the ME section, but it isn't for everyone, which is why I mention it shouldn't be just a blanket statement for everyone.
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Old Feb 17th 2012, 4:39 pm
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Default Re: Making A Will

Originally Posted by Bob
Like I said, that probably is the case for many, most here in the ME section, but it isn't for everyone, which is why I mention it shouldn't be just a blanket statement for everyone.
Come on then: under what circumstances would you need/want more than one? I'm no lawyer but I can see the arguments (or worse) developing already....

"I'm in Will 1, but not in Will 2?? I'm going to sue!"
"Will 2 is dated later than Will 1, so Will 1 must be invalid!"
"It says here that this will replaces all previous wills - that must include the one written in another country!"
"Dad owned property in the UAE?? I never knew that - he never told me! Can I challenge his UAE will?"
"Sharia Law?? What the ****'s that?? I'm going to ask my solicitor in Bognor Regis for his views!"

Good grief...............
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