Top Mistakes To Avoid When Drafting A Will In Dubai

Top Mistakes To Avoid When Drafting A Will In Dubai

Drafting a will is an essential step in securing your estate and ensuring that your assets are distributed according to your wishes after your passing. However, many individuals make mistakes during this process that can complicate or invalidate the will. In Dubai, where both local and international legal frameworks can apply, it is key to understand the common pitfalls. The cost of making will in Dubai can vary, but overlooking key details may lead to unnecessary expenses and legal issues down the road.

Failing to choose the right executor:

One of the biggest mistakes when drafting a will in Dubai is failing to appoint the right executor. The executor is responsible for ensuring that the terms of your will are carried out, so choosing someone who is trustworthy, organised, and knowledgeable about the process is important. Often, individuals make the mistake of appointing a family member or friend out of convenience, without considering whether they are capable of managing the responsibilities involved. An inexperienced or unwilling executor can cause delays and complications in settling the estate.

Not understanding local laws:

Dubai’s inheritance laws differ significantly from those in many other countries, particularly for expatriates. Non-Muslims in Dubai can register a will with the DIFC Wills and Probate Registry to ensure that their estate is managed according to their wishes, avoiding Sharia law. However, many expatriates neglect to register their will in the appropriate legal framework, assuming their home country’s laws will apply. Failing to understand and comply with local laws can lead to complications and legal battles.

Lack of clear instructions for asset distribution:

A will that lacks clarity is a common problem. Vague or unclear instructions regarding the distribution of assets can lead to confusion and disputes among beneficiaries. It’s essential to be as specific as possible, detailing which assets go to whom, including property, bank accounts, personal items, and business interests. This clarity helps prevent misunderstandings and ensures that your wishes are followed.

Forgetting to update the will regularly:

Life circumstances change, and so should your will. Failing to update your will after significant events, such as the birth of children, the purchase of property, or changes in your financial situation, can result in your will no longer reflecting your true wishes. It’s important to review and, if necessary, amend your will periodically to ensure that it remains relevant and accurate.