Foreigners Living in the UAE Encouraged to Develop Domestic Wills and Guardianship Papers to Prevent Legal Challenges

Expats in the UAE Should Prioritize Guardianship Planning and Local Wills, Experts Advise

Living in a foreign country, expats in the UAE should be mindful of their legal obligations, particularly when it comes to guardianship planning and estate management. According to Samara Iqbal, a solicitor and founder of Aramas International Lawyers, it's essential for expats to take proactive steps to ensure their wishes are carried out and their families are protected.

Iqbal highlights the UAE's civil law system, which differs from the common law framework in countries like the UK or the US. This difference can make enforcing foreign wills in the UAE complex and risky, even with proper planning and documentation.

Expats should prioritize drafting local wills to clarify guardianship and asset distribution, Iqbal advises. A UAE will typically costs between AED 3,000 and AED 5,000 and provides both security and peace of mind.

Byron James, partner at Expatriate Law, agrees. He emphasizes the importance of understanding the UAE's legal framework to navigate the local legal system effectively. Proper documentation can help ensure families are protected and assets are distributed according to the individual's wishes.

Expats should ensure their documents are up-to-date to reflect any changes in their personal or family circumstances. Updating wills and guardianship documents after major life events like marriage, divorce, or childbirth is essential to ensure they remain valid and aligned with the individual's wishes.

Iqbal advises expats to notarize their wills locally and prepare temporary guardianship documents for a trusted friend or neighbour to care for children until a permanent guardian arrives. This step can help avoid potential legal hurdles and ensure a smoother estate administration process.

Creating a local copy of a will in the UAE as a foreigner helps ensure legal clarity regarding ownership and guardianship, facilitating smoother estate administration and reducing potential disputes under UAE law.

Western courts generally respect testamentary freedom, whereas UAE courts follow a different legal structure. Without a will, assets in the UAE may be distributed according to UAE law, potentially conflicting with the individual's wishes.

Proper planning and documentation can help expats navigate the UAE's unique legal framework and ensure their families are protected and their wishes are respected. Iqbal encourages all expats with young children to prioritize guardianship planning to provide a secure future for their loved ones.

Foreigners Living in the UAE Encouraged to Develop Domestic Wills and Guardianship Papers to Prevent Legal Challenges