Alderson & Associates shine light on legal matters like wills and divorce proceedings in Dubai.
8 March 2018| Last updated on 16 April 2018
Alderson & Associates is a legal consultancy headed by Carol Susan Alderson with over 20 years of legal consultancy experience in the UAE. Her female team of UK lawyers provide the best possible legal advice on a diverse range of legal matters.
Wills and Divorce are two subject matters that can cause a client plenty of confusion and money in legal proceedings, if not handled properly. Here’s an excerpt by Carol on wills in Dubai and divorce proceedings.
The most recent updates from DIFC on non-Muslim wills since to imply that everybody must consider having separate wills for property related matters, family related matters and individual matters as well as company matters.
This does not reflect at all on the way in which most countries laws dictate how wills should be prepared and I know of no other country that requires individuals to have separate Wills for such matters.
I have not dealt with any foreign national who is required by the laws of their country to deal with their inheritance matters in such a way as ordinarily one Will would deal with all such matters.
The fees for preparing and registering these wills in DIFC are extraordinarily high in comparison to for example the UK. Alderson and Associates prepare wills for individuals at a total cost of AED 3500, which fee has not changed in the past 5 years.
DIFC are not able to guarantee that they can provide a succession certificate which is a document issued by the courts within the UAE for the purposes of the transfer of property, cars, the releasing of monies from bank accounts etc.
Are you considering the issue of divorce proceedings? Are the majority of matrimonial assets in your name? The recent case within the UK Courts system, a final order was in December 2016 between a husband and wife.
Two days later, the wife, via her solicitors, wrote to the husband’s lawyers to explain that she had become aware of his inheritance and was going to apply to the court to overturn the order previously made as a result of same.
The husband, in fact, was unaware of his inheritance and so it became a huge shock to him to receive such a communication.
For the past year, this matter has been reopened and redetermined through the same court and the husband has suffered heavy financial penalties as a result of same, regardless of the fact that he was not aware of this inheritance.
The moral of this story is that the UK courts take seriously, any nondisclosure by Parties in relation to assets held by the Parties whether in reality or to be received some time in the future, such as an inheritance awaiting probate and not only impose additional lump sums to be made by way of a penalty, but can order costs in extremis in favor of the wronged party.
Documents do not lie and full and frank disclosure is always a vital element to any financial proceedings in divorce.