Wills in UAE

Old Oct 31st 2008, 6:14 am
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Default Wills in UAE

Not sure if this is any help for anyone still ...

If your husband who sponsors your visa dies in an accident all your accounts (single and joint) in UAE will be frozen.

Your visa will be cancelled within 30 days and you will have to leave the country and come back as a tourist.

In principle the government will freeze those assets until all liabilities of your husband are cleared: loans, credit cards, business debts etc. (in UAE of course). Single accounts of your husband in home country may be frozen too untill all cleared. From an accident to the Government action it may take less than 60 min before the accounts are frozen.

Sharia Law - all your assets are 50/50 between you and your husband. If he dies you get your 50% and 1/8 of his 50%. The 7/8 of his 50% are split between children, his parents etc.

If you die, he gets his 50% and 25% of your 50%. The rest gets split between your children, your parents etc.

Therefore,

1. Have a Will which is acceptable by UAE Courts so your Will decides where what goes and not Sharia unless you're happy with it.;
2. Have all / any of your properties covered with Life Insurance if you have a loan so the bank gets paid in case of your death.
3. Open an offshore account where the Insurance Company or whoever will pay the money in case of your hsband death.
4. Get a visa from RAK or some other free zone if you cannot be sponsored by your husband's company as an employee. In this case you remain in the country even if your husband dies so you can take care of all affairs.

Remember even if you have rented properties here and get a cheque for them unless you have your own account here in UAE you may not be able to cash it in ... the accounts both your husband's and joint are frozen.

Hope it helps.
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Old Oct 31st 2008, 6:31 am
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Default Re: Wills in UAE

good post and my top tip is ensure that your wife has enough cash in the form of national bonds that she can actually cash immediately in the event of anything tragic occuring. Having gone through this twice with friends just this year I cannot stress enough how important it is to have everything in place. Meow holds seminars on this very subject. Well worth the women of this board attending if you ask me.
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Old Oct 31st 2008, 6:44 am
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Default Re: Wills in UAE

Originally Posted by Blue Cat View Post
Well worth the women of this board attending if you ask me.
Diablo: Excellent post.

BC: You sexist! What about the men attending?
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Old Oct 31st 2008, 7:50 am
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Default Re: Wills in UAE

How can single accounts in one's home country be frozen? As my hubby has an on-line Jersey account, I am relying on being able to transfer funds from there in the event of his sudden demise, at least until the estate is resolved. Am I mistaken?
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Old Oct 31st 2008, 8:34 am
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Default Re: Wills in UAE

Originally Posted by Shadya View Post
How can single accounts in one's home country be frozen? As my hubby has an on-line Jersey account, I am relying on being able to transfer funds from there in the event of his sudden demise, at least until the estate is resolved. Am I mistaken?
First a qualification - I am not a lawyer; I had a man yesterday coming to my place to organise this for me so I thought I'll share my understanding and those who know better will come in and provide better details.

As for your question I think that even in Australia or any other country your personal account gets frozen and nobody until the will is open have no right to touch it!? As for joint accounts in Australia I understand that remains 'joint' so your spouse can continue to manage those.

As for an account here in UAE where would you transfer the money from Jersey account to? To which account in UAE? Unless you have your own account i.e., only on your name I am not sure how you would do that. Also if sponsored by your husband you may not be able to open an account here on your own name - but this is something to check.

Some banks here HSBC / Standard Charterred etc. have both offshore and onshore account so you can basicaly have an offshore account here and get your money from there and nobody can do a thing about it. At the same time your local joint account in the same bank will be frozen. Strange!?

One more thing: One should get a Power of Attorney so you have the power to manage your husbands assets, accounts etc.
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Old Oct 31st 2008, 10:05 am
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Default Re: Wills in UAE

Originally Posted by Alen1 View Post
Diablo: Excellent post.

BC: You sexist! What about the men attending?
the men are all too busy working I am sure men are more than welcome, I am sure she will post details of the next one.
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Old Oct 31st 2008, 5:29 pm
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Default Re: Wills in UAE

Just added that to the wiki as it's pretty handy info, ta.
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Old Nov 1st 2008, 7:47 pm
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Default Re: Wills in UAE

Originally Posted by diablo View Post
First a qualification - I am not a lawyer; I had a man yesterday coming to my place to organise this for me so I thought I'll share my understanding and those who know better will come in and provide better details.

As for your question I think that even in Australia or any other country your personal account gets frozen and nobody until the will is open have no right to touch it!? As for joint accounts in Australia I understand that remains 'joint' so your spouse can continue to manage those.

As for an account here in UAE where would you transfer the money from Jersey account to? To which account in UAE? Unless you have your own account i.e., only on your name I am not sure how you would do that. Also if sponsored by your husband you may not be able to open an account here on your own name - but this is something to check.

Some banks here HSBC / Standard Charterred etc. have both offshore and onshore account so you can basicaly have an offshore account here and get your money from there and nobody can do a thing about it. At the same time your local joint account in the same bank will be frozen. Strange!?

One more thing: One should get a Power of Attorney so you have the power to manage your husbands assets, accounts etc.
your last part is incorrect... although everything you say is right in relation to your assets in the UAE they (the powers here) dont have any jurisdiction to do anything with your assets outside the country... if your lawyer told you that then it is incorrect im afraid..

totally agree you should get a will - but it only needs to cover your assets here... if you have property and money say in england and an english will then your english will controls the assets etc in the UK.
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Old Nov 2nd 2008, 4:14 am
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Default Re: Wills in UAE

Originally Posted by dramaqueen View Post
your last part is incorrect... although everything you say is right in relation to your assets in the UAE they (the powers here) dont have any jurisdiction to do anything with your assets outside the country... if your lawyer told you that then it is incorrect im afraid..

totally agree you should get a will - but it only needs to cover your assets here... if you have property and money say in england and an english will then your english will controls the assets etc in the UK.
you can't have two wills
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Old Nov 2nd 2008, 5:46 am
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Default Re: Wills in UAE

Originally Posted by Blue Cat View Post
you can't have two wills
Absolutely correct.

Wills should be drawn up in accordance with the rules of your 'home' country. If you want a will to be valid here, you must have it formally translated into Arabic and then verified by the courts in the UAE.

Note, however, that Sharia Law still has a bearing on any assets that are held in the UAE. Assets are NOT automatically split 50/50. Even a will does not get around Sharia Law, as under Sharia an individual is deemed to have free will over one third of his assets only.

In addition, all life policies should be written offshore, and not with local companies, to ensure that the death benefit is paid outside the UAE.

By law accounts should be frozen on death, but only those in the UAE. UAE laws do not effect any funds held offshore or in your home country. (Bob - the wiki should be corrected regarding this point.) All married women must ensure that they have access to funds in the event of their husband's death. Note also that other assets in his name, such as cars, can also be taken from you until such time as the courts rule on the distribution of assets.


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Old Nov 2nd 2008, 1:01 pm
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Default Re: Wills in UAE

Originally Posted by Blue Cat View Post
you can't have two wills
my lawyer has just drawn me up this exactly (a uae one and amended and updated my english one)

like all things i guess you get the advice your given by the professionals and hope its right
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Old Nov 2nd 2008, 2:12 pm
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Default Re: Wills in UAE

Originally Posted by dramaqueen View Post
my lawyer has just drawn me up this exactly (a uae one and amended and updated my english one)

like all things i guess you get the advice your given by the professionals and hope its right
how can you have two when a will says - this is the last will and testament?
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Old Nov 2nd 2008, 2:31 pm
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Default Re: Wills in UAE

Originally Posted by Blue Cat View Post
how can you have two when a will says - this is the last will and testament?
...I thought you can have as many wills as you want...the "last will" is exactly that...the last will. Say ten wills were in existence, it will be the one with the most recent recent date that will be enacted if others later than that date cannot be located ?
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Old Nov 2nd 2008, 8:42 pm
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Default Re: Wills in UAE

Originally Posted by Blue Cat View Post
how can you have two when a will says - this is the last will and testament?
will only covers the jurisdiction of the country it is written in, so you can have other wills in other countries to cover those assets.
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Old Nov 2nd 2008, 8:45 pm
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Default Re: Wills in UAE

Originally Posted by Meow View Post
Absolutely correct.

Wills should be drawn up in accordance with the rules of your 'home' country. If you want a will to be valid here, you must have it formally translated into Arabic and then verified by the courts in the UAE.

Note, however, that Sharia Law still has a bearing on any assets that are held in the UAE. Assets are NOT automatically split 50/50. Even a will does not get around Sharia Law, as under Sharia an individual is deemed to have free will over one third of his assets only.

In addition, all life policies should be written offshore, and not with local companies, to ensure that the death benefit is paid outside the UAE.

By law accounts should be frozen on death, but only those in the UAE. UAE laws do not effect any funds held offshore or in your home country. (Bob - the wiki should be corrected regarding this point.) All married women must ensure that they have access to funds in the event of their husband's death. Note also that other assets in his name, such as cars, can also be taken from you until such time as the courts rule on the distribution of assets.


-
http://britishexpats.com/wiki/UAE_Wills

Not sure exactly what you want amended, but you can make the edit to the page yourself
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