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What You Shouldn't Include in Your Will

5/4/2021

Making a Will is highly encouraged by international law firms in Dubai. Under the Law of Inheritance, if a deceased expat does not have a Will, the UAE courts will decide the distribution of your assets.

What Not to Put in Your Will?

Making a Will is highly encouraged by international law firms in Dubai. Under the Law of Inheritance, if a deceased expat does not have a Will, the UAE courts will decide the distribution of your assets. A Will is a legal document that secures and distributes your assets according to your wishes. It makes the process of arranging everything on a person’s death more convenient for the surviving loved ones. However, specific provisions don’t belong in your Will, as they cannot be enforced under the law.

1. Properties in joint tenancy or a living trust

Some types of properties should not be included in a Will because they carry independent rules that govern what happens after death. For example, with a joint tenancy property, the law automatically grants the right of survivorship to the joint tenant. It means when you die, your share of the property will be passed on to the surviving joint tenant, regardless of what’s stated in the Will. It would also be inconsistent to include an already delegated property to someone by a living trust. Such property automatically goes to the beneficiaries and will be managed by the trustee.

2. Proceeds that have a beneficiary

Legal consultants in Dubai would discourage including life insurance and retirement plan proceeds in your Will. In life insurance plans, proceeds automatically go to the beneficiary, often the spouse or minor children. The same procedure applies to retirement plan proceeds or money from pension, stocks, and bonds held in beneficiary and payable-on-death bank accounts. These plans already contain a section for you to list your beneficiary.

3. Burial or funeral plans and instructions

Your Will isn’t the best place for you to list your funeral or burial preferences. These arrangements are among the first matters of business after someone dies. In most cases, settling the estate doesn’t happen until after the funeral. Thus, family members may not even notice your funeral wishes and may not be carried out. A good alternative is to talk with your loved ones ahead of time regarding these matters. So, when the time comes, they can arrange for services according to your plan.

4. Care for a special needs’ person or pets

While it is possible to arrange care instructions for a person with special needs, a Will may not be the best place to do it. Lawyers in Dubai would suggest setting up certain types of trusts (i. e. special needs trust) to address the management of a loved one’s special needs. This also applies to pets, as they don’t have the legal capacity to own a property. You can either set up a pet trust fund or give your pet to someone you trust. You can also leave that person money or property for care expenses.

Understanding the correct information to put into a Will can be confusing. Motei & Associates can make the experience of setting up your will hassle-free. They can help you register a Will that anticipates different circumstances, no matter which nationality and religion you belong to. When it comes to expat Wills Dubai is the right place to be! Call +971 4 435 5959 to book an appointment with Motei & Associates today.

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