Discussing your will with your family is not an easy conversation to have. For many, it can feel uncomfortable, but it is one of the most important discussions you can initiate. Planning your estate ensures that your wishes are honoured, and it minimizes potential conflicts after your passing. In the UAE, especially for expatriates, this conversation holds even greater significance due to the country’s legal framework.

If you’ve already taken the responsible step of creating a will, the next crucial task is to communicate your intentions with your loved ones. By doing so, you can clarify your decisions, answer any questions, and ease the burden on those who will be responsible for executing your wishes.

Why Discussing Your Will with Family is Essential

1. Clarity and Transparency: By discussing your will with your family, you can clearly communicate your wishes regarding asset distribution, guardianship for your children, and other important matters. This can prevent misunderstandings and reduce the likelihood of family disputes. Being transparent ensures that your family members know your reasons for specific decisions, minimizing any feelings of resentment or confusion.

2. Reducing Conflict: Without a clear understanding of your wishes, family members might question the fairness of your decisions, leading to disputes and potentially costly legal battles. A conversation about your will can provide context, reassure your loved ones, and demonstrate that your decisions were made thoughtfully and with care.

3. Addressing Concerns: Your family might have concerns or questions about your decisions, especially if they are unfamiliar with the will-writing process. By having an open conversation, you give them the opportunity to voice their concerns, and you can explain your rationale. This is particularly important if you have made any unconventional decisions or appointed a specific individual as the executor.

4. Planning for Guardianship: For parents, especially those with minor children, discussing the guardianship plan is vital. If something unexpected happens, it’s essential that your children are cared for by the people you trust most. In the UAE, foreign nationals should especially consider this, as Sharia law will apply in the absence of a legally registered will. Letting your family know who will assume guardianship provides peace of mind and ensures they are prepared to step in if needed.

Timing the Conversation

It’s important to find the right time to bring up this sensitive topic. It may feel awkward or inappropriate during festive occasions or family gatherings, so it’s often better to arrange a dedicated time for this conversation.

Approach it gently by expressing that you’ve recently been thinking about future planning, and you’d like to ensure that everything is clear to prevent any confusion later on. Emphasize that this conversation is about making sure your wishes are known and carried out smoothly, rather than dwelling on morbid topics.

How to Navigate Difficult Questions

During the discussion, your family members may have difficult questions or opinions. Here’s how to address common concerns:

• “Why did you choose that executor or guardian?”

  Explain the reasoning behind your choice, focusing on their ability to handle responsibilities effectively and their alignment with your values and wishes.

• “Why is this person receiving a larger portion of your estate?”

  Be honest about your reasoning. It could be due to the individual’s needs, your relationship, or previous promises. Offer reassurance that every decision was made with care.

• “What will happen if laws change?”

  Explain that you’ve worked with legal professionals to ensure your will complies with current UAE laws, and if there are significant changes, you will update your will accordingly.

   

Why You Need a Lawyer to Draft Your Will

Having a conversation about your will is crucial but ensuring that your will is properly drafted and legally binding is equally important. 

Here’s why having a lawyer draft your will is essential:

1. UAE-Specific Expertise: The UAE has a unique legal system, with Sharia law applying by default if a foreigner does not have a registered will. A professional lawyer with knowledge of UAE laws ensures that your will is fully compliant and protects your assets, especially as a foreigner.

2. Accuracy and Legality: Legal language can be complex, and any mistakes in the wording of a will can render it invalid or create loopholes that lead to disputes. A lawyer ensures that your will is clearly written, accurate, and legally binding.

3. Comprehensive Advice: A lawyer will offer personalized advice based on your unique circumstances, helping you make informed decisions about the distribution of your assets, guardianship, and other critical elements. They also ensure that nothing is overlooked, such as digital assets or end-of-service benefits.

4. Avoiding Common Pitfalls: With homemade wills or templates found online, there is a higher risk of making mistakes; whether it’s failing to appoint the right executor, not clearly specifying beneficiaries, or neglecting to name a guardian for minor children. An experienced law firm like Firm Advice will help you avoid these common pitfalls and ensure your will is airtight.

5. Peace of Mind: Most importantly, having a professional lawyer draft your will gives you and your family peace of mind. You can rest assured that your will is valid, up-to-date, and will hold up in court when the time comes.

To conclude, talking to your family about your will is a responsible and caring act. It helps prevent future confusion and gives everyone peace of mind knowing that your wishes will be honoured.

At Firm Advice, we specialize in will drafting for expatriates and offer expert legal advice to ensure that your will is tailored to your needs and fully compliant with UAE law. Contact us to learn more about registering a Will in the UAE and take the next step in protecting your family’s future.