Becoming a parent is one of the most transformative experiences in life. With the joy of welcoming a new family member comes the responsibility of protecting their future, both emotionally and financially. For expatriates living in the UAE, one critical but often overlooked step in this journey is creating a will.

Without a valid will, the UAE courts will apply Sharia law to your estate and the guardianship of your children, which may not align with your wishes as a foreigner. As a new parent, ensuring the protection of your assets and designating guardians for your minor children through a legally recognized will is not just essential; it is a necessity.

In this blog, we will explore why writing a will as a new parent is crucial in the UAE, especially for expatriates, and why involving a lawyer in drafting your will is the best way to protect your children’s future.

Why Writing a Will is Essential for Foreign Parents in the UAE

In the absence of a legally binding will, expatriates residing in the UAE face a challenging legal environment. Sharia law dictates inheritance and guardianship matters by default, regardless of your personal or cultural preferences. For many foreign parents, this legal framework can result in unintended consequences. The guardianship of your minor children and the distribution of your assets may be decided by the courts, rather than following your personal wishes.

Key Reasons Why a Will is Essential for Foreign Parents:

• Guardianship of Your Children: As a new parent, one of your greatest concerns is ensuring that your children are raised by people you trust if the unthinkable happens. Without a will, the decision of who will raise your children could be left to the UAE courts. A will allows you to designate legal guardians for your children, ensuring that they are cared for by family members or trusted friends who align with your values and wishes.

• Asset Protection for Your Children: A well-drafted will ensures that your assets are passed on to your spouse or children or designated heirs in a manner that reflects your personal intentions. Whether you want to set up a foundation, leave specific assets to your children, or appoint a guardian to manage their finances, a will allows you to plan for your children’s financial future and avoid default Sharia law distributions that may not reflect your preferences.

• Clarity and Peace of Mind: A will provide clear instructions on how your estate should be managed and how your children should be cared for, preventing potential legal disputes among surviving family members. This clarity is invaluable for expatriates in the UAE, where laws and cultural expectations may differ from those in their home countries.

• Emergency Preparedness: Life is unpredictable, and as a parent, being prepared for any eventuality is critical. Having a legally binding will in place ensures that, in the event of an emergency, your children’s future is secured according to your wishes, without legal delays or uncertainties.

   

Why Parents with Minor Children in the UAE Need a Will

While everyone benefits from having a will, it is particularly crucial for parents with minor children in the UAE. Here’s why:

• Appointment of Legal Guardians: In the event of your untimely passing, your will ensures that your children are cared for by a guardian of your choosing. This is particularly important for expatriate families, where extended family may reside outside of the UAE. A will allows you to appoint guardians who can legally take responsibility for your children, avoiding court-appointed guardians who may not align with your cultural or family values.

• Financial Management for Your Children’s Future: If your children are minors, they won’t be able to directly inherit your assets until they reach adulthood. With a will, you can appoint a guardian to manage the assets on their behalf, ensuring that your children are financially secure. Whether it’s funding their education, medical care, or day-to-day living expenses, a guardian ensures that your children’s financial future is managed responsibly.

• Protection from Unintended Legal Outcomes: If you pass away without a will, your estate may be subject to the default application of Sharia law. This could result in unintended consequences for both the guardianship and financial management of your children’s inheritance. By creating a will, you take control of these critical decisions and protect your children from potentially complex and prolonged legal proceedings.

Why You Need a Lawyer to Draft Your Will

Writing a will is one of the most important legal documents you will ever create, and getting it right is essential. While some may be tempted to draft a will on their own or use online templates, involving a qualified lawyer in the process ensures that your will is valid, complete, and legally enforceable in the UAE.

Here’s why hiring a lawyer to draft your will is so important:

• Compliance with UAE Laws: UAE inheritance laws can be complex, particularly for expatriates. A lawyer familiar with both UAE estate laws can ensure that your will complies with all legal requirements, making it valid and enforceable.

• Tailored to Your Needs: Every family is unique, and a one-size-fits-all will simply won’t cover the specific needs of your situation. A lawyer will take the time to understand your family dynamics, financial situation, and personal wishes, crafting a will that reflects your unique circumstances. Whether you have complex financial assets, international investments, or specific wishes regarding guardianship, a lawyer can provide a possible solution.

• Avoiding Legal Pitfalls: Mistakes in a will can lead to disputes, delays, or even invalidation by the courts. A lawyer ensures that your will is free from vagueness, errors, or omissions that could cause problems during probate. This peace of mind is especially important for expatriates who may be unfamiliar with UAE legal processes.

• Ensuring Proper Execution: A will must meet specific legal formalities to be valid, including proper witnessing and execution. A lawyer will ensure that these formalities are respected, reducing the risk of your will being contested or deemed invalid by the courts.

At Firm Advice, we understand the unique challenges that expatriates face when planning for the future in the UAE. Our team of legal experts specializes in estate planning and will drafting for foreign residents. 

Whether you’re a new parent looking to safeguard your children’s future or an established family planning for long-term security, we can help you create a will that reflects your wishes and protects your loved ones. Contact us to take the first step in securing your family’s future with a professionally drafted will.