Expatriates advised to learn laws on wills | ExpatWoman.com
 

Expatriates advised to learn laws on wills

39
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EW NEWBIE
Latest post on 05 February 2011 - 21:50
557
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EW GURU
Latest post on 24 May 2011 - 17:26
We have made our wills but it states me as 'executor and trustee" in case of property and assets, but only states guardianship in case I am deceased as well (the guardian would be one of our family members back home). Should we change this????? I am not very familiar with the legal lingo. <em>edited by MomOfTwins on 24/05/2011</em>
482
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EW EXPLORER
Latest post on 13 April 2011 - 08:45
[b'>Succession planning and safeguarding your assets [/b'>[u'>[/u'> The UAE law of inheritance is based on the principles of Sharia Law. which differs greatly to the laws that many of us expatriates are used to and to the way in which our total assets are normally distributed upon death away from the UAE. In a Muslim country like the UAE, all courts adhere to Sharia - the primary source of Islamic law. Legal systems in the Gulf are usually quite complicated and those unfamiliar with their workings can find this difficult to understand & accept. So what happens when a non-Muslim expatriate dies out here in the UAE? According to the UAE Civil Code, Federal Law No.2 of 1987 (Article 17/1) stipulates that inheritance shall be subject to the law of the deceased at the time of death. This law was promulgated to stem confusion surrounding inheritance issues for expatriates. Therefore the law of the domicile country of the deceased would apply. Your “Last Will & Testament” is a document that details exactly what you would like to happen to your estate in the event of your death. The professionally drafted document can cover all aspects of your life, from physical assets such as property, investments or cash, to who you would like to look after your children until they are of an age that they can look after themselves. It is worth noting that if you marry, you will have to start again, as marriage automatically revokes a will; however, possibly just as important, a divorce does not. Your Dubai freehold property is still governed by the inheritance laws of sharia and would not be distributed as per your wishes or your Will. The UAE treats movable assets (such as cash, investments, cars, etc) differently to immovable assets (property) for inheritance purposes. Only moveable assets as safeguarded when making a Will. The laws relating to foreign owners of property in the UAE and inheritance still need to be examined closely and the process is ongoing. But as the situation stands, UAE law (sharia) shall apply to immoveable property (real estate) in the UAE held by foreigners. When purchasing real estate in the UAE, it is always advisable to try to do so through a foreign company that may be jointly owned by you, your spouse and/or your children. When an expatriate dies in the UAE, their visas are cancelled and banks are instructed by the courts to freeze all transactions on the accounts of the deceased, including joint accounts. The bank is obliged to freeze the account from such notification until the successors of the deceased are nominated as per Article 379 (4) of the Commercial Transactions Law, UAE Federal Law No. 18 of 1993. Unfreezing of the account can only be carried out by order of the Sharia Courts. This process aims to safeguard any payments that need to be made after an expatriate has died, such as outstanding loans and any debt payments and can take as much as 6-9 months to clear up. With Visas cancelled (and 30 days grace to make visa re-arrangements), and bank accounts frozen, does one even have time to grieve over the loss of their loved one? Many of us do not understand the possible implications of death in the UAE and the financial implications that entail. Simple financial planning can help overcome such obstacles and help create a safety net. It’s not just about safeguarding your assets by making a Will but also the welfare of your family & young children who are dependent on you even when you are not around. It is essentially important therefore to keep separate bank accounts in addition to any joint accounts you may have if you are married, as well as a primary offshore bank accounts as Bank accounts that are maintained outside the UAE are not be governed by the UAE's legal jurisdictions and laws. International Life Insurance is one of the most important steps to succession planning. Beneficiary payouts are paid out of trust held offshore & paid directly to the beneficiary thereby not falling as part of your estate for the purposes of distribution under sharia. Although preparing a will is not something many people relish it is essential in the UAE and in the long term. Succession planning is something that we all should be prepared with. Parents of minors should consider the possibility for temporary and permanent guardianship of their children resident in the UAE. Instructions in relation to this should be made before, and lodged at the embassy of which the parents are nationals. The procedure upon death of an expatriate who has made a Will is to obtain an application for a grant of representation in the deceased’s country of domicile. Once probate is obtained, it must be notarised, and attested at the notary public or the ministry of foreign affairs here before it may be recognised by the UAE courts as authentic and valid. Upon recognition by the government authorities of the deceased’s representatives the trustees or executors would have full power to administer the deceased’s estate in accordance with his wishes. In the case of intestacy, a letter of administration would also have to be obtained from the country of domicile and duly notorised & attested. People are often misinformed that when they die their estate will be passed to their next of kin even without a will. This is certainly not the case as the laws relating to inheritance of an estate are often complicated when there is no will in place. Without a Last Will and Testament (“Will”), these very important decisions will be made by the government. The opinions expressed by the author are his own http://www.arabianbusiness.com/succession-planning-safeguarding-your-assets-392987.html?page=0 [b'>Btw, I am not working for the author of this article. Maybe something that the newbies need to be aware of.[/b'>[i'>[/i'>
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EW OLDHAND
Latest post on 27 March 2011 - 13:57
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? Hi Shelly, Wher do you get the will translated into arabic? Thanks Sorry, only read this now. We haven't had it translated yet as they have only just been delivered to our postal address in Oz. So once we have them here then we'll get them translated. Not sure where as that is DH's little task to look after:D but I will post back when we sort it out. Thanks Shellly.
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EW OLDHAND
Latest post on 21 March 2011 - 19:28
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? Hi Shelly, Wher do you get the will translated into arabic? Thanks Sorry, only read this now. We haven't had it translated yet as they have only just been delivered to our postal address in Oz. So once we have them here then we'll get them translated. Not sure where as that is DH's little task to look after:D but I will post back when we sort it out.
96
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EW NEWBIE
Latest post on 21 March 2011 - 15:30
Talk to your consulate about these issues. See if they recommend someone to do your will so it is sharia-compliant AND acceptable to your home country. Find out what, if any, role the consulate can take in the temporary guardianship of your kids. Find out if and how much they can assist the person who will come to settle your affairs. Consider keeping only a minimal amount of money in this country as you can reasonably expect it to be unavailable to your estate or your heirs for many many months, if ever. Eliminate as much debt (including mortgage debt) as possible. Including refinancing debt to your home country or off-shore. Purchase insurance from a licensed agent in your home country. Have as few financial entanglements here as you possibly can.
211
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EW NEWBIE
Latest post on 21 March 2011 - 14:59
Does anyone know what Sharia actually says regarding distribution of assets? We have property but we also have sons aged 18+, so if anything happens to DH (forget me I don't count here anyway) does Sharia say everything goes to our sons? If so - do we actually need wills here as well as the ones we have in our home country? <em>edited by Teabag on 21/03/2011</em>
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EW GURU
Latest post on 21 March 2011 - 14:28
You will find most will writing services in the UAE will be run by people who have no legal background. I have met Patricia at Holbourn Assets, she is a real lawyer who specializes in will writing and inheritance laws in the UAE. However, like everything here you will only know when it happens to you and as they seem to make the rules up as they go along I don't think one case will ever be the same as the next! Good luck! You are sooo right! This was my DH concern. You hear so many stories. That's why we have been putting it off for so long. If my husband is happy with her then she must be good. He's such a.....don't know the word to use but he will not spend anything until he was done his research.
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EW NEWBIE
Latest post on 21 March 2011 - 14:09
Like most industries here in Dubai, nothing is regulated so anyone can write a will for you and charge the earth. You will also find most lawyers out here haven't got a clue about will writing except if the specialize it that particular area. I come from a financially regulated background and gasp most of the time at what people can do out here without any real form of training. Even down to beauty salons, in the UK all beauticians undergo training and certification just to be let loose on your toe nails. Whilst between jobs a few years ago I did a course on will writing in the UAE and a simple test at the end allowed me to take instructions for wills. I haven't used it as I got another job really quickly. You will find most will writing services in the UAE will be run by people who have no legal background. I have met Patricia at Holbourn Assets, she is a real lawyer who specializes in will writing and inheritance laws in the UAE. However, like everything here you will only know when it happens to you and as they seem to make the rules up as they go along I don't think one case will ever be the same as the next! Good luck!
793
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EW GURU
Latest post on 21 March 2011 - 13:29
OK, he was very brief as he is at work. He was recommended by a friend, went to the website & filled in a form. They called him back, asked a few questions & arranged to see DH. A chap came round to see us (i was busy with a screaming daughter) DH asked all the relevant/worrying questions to put his mind at rest & they answered in simple terms (which my husband liked btw) Once it was clear we 100% needed a will & what type he went to their office to meet Patricia (UK Lawyer) who went through process.
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EW OLDHAND
Latest post on 21 March 2011 - 12:29
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? Hi Shelly, Wher do you get the will translated into arabic? Thanks
551
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EW GURU
Latest post on 21 March 2011 - 11:04
Can anyone tell me IN DETAIL how they "did" their wil in the UK? Online? In Person? Someone went there on your behalf? Just would really appreciate some detailed experiences...
Anonymous (not verified)
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EW NEWBIE
Latest post on 21 March 2011 - 11:00
Ladies please please be aware that you should check that the firm/ lawyer is fully qualified and regulated by the rulers court,I have come across,in my job,many that are shockingly not. For wills I would say speak to The Wills Specialists,british company and completely above board. Biased info maybe ?
551
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EW GURU
Latest post on 21 March 2011 - 10:53
We did not use a will company just a lawyer firm to do a straight forward UK will that has been translated and attested into Arabic, cost was far less compared to the will companies and we were advised that this was the best thing to do with such ambiguity here surrounding wills. It was explained to us that the most important thing is just to have a will of some form, the rest becomes a minefield. If you have property it was advised you set something up slightly differently. We used this company from a recommendation and they have been excellent and very honest about the whole will debate in the UAE. http://www.davidson-legal.com/services.asp we heard the same and as we do not own porperty we want to make a mirror wil in the uk - we have set up temporary guardianship separately here but now need to get guardianship on paper. Did I understand correclty that you used a firm that has nothing to do with davidson for your UK will? Did u do this online or how excatly did you go about it? Where did u have it attested? thanks!
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EW NEWBIE
Latest post on 15 February 2011 - 17:49
Ladies please please be aware that you should check that the firm/ lawyer is fully qualified and regulated by the rulers court,I have come across,in my job,many that are shockingly not. For wills I would say speak to The Wills Specialists,british company and completely above board.
482
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EW EXPLORER
Latest post on 13 February 2011 - 11:58
I am new to dubai and had no wills and a young family and I heard from other mums at school. I just found them helpful and honest as we only wanted one Will for all. Their paperwork says they are registered with DED, they told us they use lawyers in UK for us. Why are people here always so cynical ? Yeah...tell me about that. I put a link to an article that I thought would be useful for other expats but somebody thought I was the employee of the firm being mentioned in the article. Btw...not their client either. Anyway, I am glad that I did it. At least now other expats have several numbers that they could contact and make their own decision as to who they should go with for their Will writing. As wary as I am about the consistency of UAE Laws, I think it would be worst if you don't do anything about it.
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EW NEWBIE
Latest post on 13 February 2011 - 11:51
I am new to dubai and had no wills and a young family and I heard from other mums at school. I just found them helpful and honest as we only wanted one Will for all. Their paperwork says they are registered with DED, they told us they use lawyers in UK for us. Why are people here always so cynical ?
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EW GURU
Latest post on 12 February 2011 - 22:20
Question? why is it the only people recomending Expat Wills are new posters??? Hmmm lets ahve a think about that then, nothing like a bit of free advertising. We posters on here are not stupid Rpringle and cyprus7.
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EW NEWBIE
Latest post on 12 February 2011 - 20:30
I have recently looked into this and have spoken to Karen @ ExPat Wills who was really good and explained the whole deal really well, and put my mind at ease. Please consider contacting her - let me know if you would like details. Is she a lawyer and registered etc ???
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EW EXPERT
Latest post on 12 February 2011 - 20:13
Anyone thinking of getting their will done here should make sure the person writing the will is really a lawyer! Several individuals and companies which have offered and continue to offer this service are not actually lawyers which is quite shocking. Also companies offering this service need to be licensed by Dubai Legal Affairs Department and The Rulers Court. Do your due diligence ladies and check with the government departments before paying out for a will.
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EW NEWBIE
Latest post on 10 February 2011 - 15:38
I would be wary of anyone who can explain the whole thing in great confidence, the laws are still evolving and as clear as mud as regards expatriates and wills presently. Most good lawyers will just suggest something to protect you as the laws stand presently and explain the risks and ambiguity surrounding this issue.
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EW OLDHAND
Latest post on 10 February 2011 - 13:26
Great! Thanks so much emlsnre, will get onto that.
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EW EXPERT
Latest post on 10 February 2011 - 13:18
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? The temporary Guardianship is so that you can decide in the event of the unthinkable who will care for your children until legal guardians from your home country can travel here to care for them. If there is nobody then they are taken into care and can take months to sort out guardianship from home country. We have used Tasleem from JB and very happy. We have guardianship covered in the UK under our Wills, but we were advised to have a Temporary Guardianship document drawn up here to specifically cover here, it details passport numbers and the nitty gritty.... so it is a seperate document to our Will. Thanks! We know about the temp guardianship and we have added our temp guardians here in Dubai in our Will should the unthinkable happen. I just want to know if thats enough, to have it stated in our Will as other have mentioned a specific letter? Do we need to have a specific temp guardian letter drawn up? edited by shellly on 10/02/2011
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EW NEWBIE
Latest post on 10 February 2011 - 13:16
Can you share how much it cost to get a will with the other companies here? We've been quoted AED 3k by Global Eye for a will for DH and I. This only covers assets in UAE, and they said we need to have separate wills for our home countries...
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EW OLDHAND
Latest post on 10 February 2011 - 13:10
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? The temporary Guardianship is so that you can decide in the event of the unthinkable who will care for your children until legal guardians from your home country can travel here to care for them. If there is nobody then they are taken into care and can take months to sort out guardianship from home country. We have used Tasleem from JB and very happy. Thanks! We know about the temp guardianship and we have added our temp guardians here in Dubai in our Will should the unthinkable happen. I just want to know if thats enough, to have it stated in our Will as other have mentioned a specific letter? Do we need to have a specific temp guardian letter drawn up? <em>edited by shellly on 10/02/2011</em>
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EW EXPERT
Latest post on 10 February 2011 - 13:08
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up? The temporary Guardianship is so that you can decide in the event of the unthinkable who will care for your children until legal guardians from your home country can travel here to care for them. If there is nobody then they are taken into care and can take months to sort out guardianship from home country. We have used Tasleem from JB and very happy.
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EW GURU
Latest post on 10 February 2011 - 09:49
we talked to someone here that said to get the will down in our own country then get it attested here. Would that be sufficient then? My brother lives here and he's temporary guardian of our children.
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EW NEWBIE
Latest post on 10 February 2011 - 09:32
I was told by the lady from expatwills that they deal with many nationalities because they use lawyers from peoples own countries to do the Wills
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EW NEWBIE
Latest post on 09 February 2011 - 22:12
Has anyone done an online will? We don't have any property here and barely any cash so I can't see the point in getting a will done here- except for the temporary guardianship part...will check out James Berry lawyers- are there any that specialize in working with Americans?
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EW GURU
Latest post on 09 February 2011 - 22:05
After attending the latest EW Wills, tax and Finance evening a few weeks ago, we have just had our wills done back home in the UK (for a fraction of the cost of doing it here). The lady who did the talk at the EW event explained that it was only necessary to get wills translated into Arabic in the event of the will holders' death here in the UAE. Of course, you are at the mercy of the courts here and Sharia Law, so who knows what could happen...but better to have any will in place than nothing at all (whether it be done in your home country or here). Don't have kids, so can't comment on the guardianship issues. The lady who did the talk for EW was Tasleem from James Berry and Associates....
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EW OLDHAND
Latest post on 09 February 2011 - 20:37
We have opted for our Will done in our home country but it covers our assets here, we will have it translated into Arabic and attested and in that Will we have stated our temporary guardians here in Dubai should the unthinkable happen. What is this talk of a Temporary Guardianship letter? Ours are stated in our Will. Should we also have a letter drawn up?
 
 

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