Losing a loved one is an emotional and overwhelming experience. In the UAE, the legal complexities that follow such a loss can add significant stress, especially for expat families unfamiliar with local laws. Matters like inheritance, custody of children, property transfer, and access to bank accounts require immediate legal attention. In this blog, we will outline the key legal issues that arise after the death of a loved one in the UAE and explain how having a will can simplify these matters.

Key Legal Issues After a Loved One’s Death in the UAE

1. Accessing Bank Accounts: Upon a person’s death, their bank accounts, including joint accounts, are frozen. The account will remain inaccessible until the legal heirs are identified through the court process. This can cause significant financial difficulties for families who rely on those funds for daily living expenses.

2. Transfer of Real Estate: Properties owned by the deceased are considered part of their estate. Without a registered will, property distribution is governed by Sharia law, which may not align with the family’s expectations or cultural practices.

3. Inheritance of Movable Assets: Cars, jewellery, and other personal belongings are also subject to Sharia law if there is no will. Legal heirs must provide documentation and court approvals to transfer ownership.

4. Custody of Minor Children: For expat families, custody of minor children is a pressing concern. If no legal guardian is designated in a registered will, guardianship may default to the next male relative, potentially disrupting the children’s lives.

5. Investments and Business Shares: For those with investments, stocks, or business ownership, the lack of a will can lead to disputes or delays in transferring shares or continuing business operations.

6. Outstanding Debts and Liabilities: The deceased's liabilities, such as loans or credit card debts, must be settled before distributing assets. This often requires legal verification of the estate’s total value.

How a Registered Will Simplifies Legal Challenges

A will is a legally binding document that provides clear instructions on how to handle the deceased’s estate. In the UAE, registering a will ensures that:

• Assets are distributed according to the individual’s wishes rather than default Sharia laws.

• Custody of minor children is assigned to the designated guardian, offering stability during a challenging time.

• Family members avoid lengthy and costly legal disputes.

Benefits of Registering a Will in the UAE

• Clarity and Control: You decide how your assets are distributed and who takes care of your dependents.

• Speedier Legal Processes: A registered will streamlines probate procedures, minimizing delays in asset distribution.

• Reduced Stress for Loved Ones: A will removes uncertainties, allowing your family to focus on grieving and healing.

How Firm Advice Can Help

At Firm Advice, we understand the challenges families face during such times and are committed to providing the legal guidance you need.

Our Services Include:

• Comprehensive Will Drafting: We create wills tailored to your personal, family, and financial circumstances.

• Legal Registration Assistance: Our experts ensure that your will is properly registered with Dubai Courts, ADJD, or DIFC, depending on your preferences.

• Support with Probate Processes: If no will exists, we help families navigate the complex probate system to resolve inheritance matters efficiently.

• Virtual Consultations: Our online consultations make it easy for you to begin the will-writing process from the comfort of your home.

Handling legal matters after a loved one’s death is never easy, but being prepared can make all the difference. Registering a will is one of the most important steps you can take to protect your family and ensure your wishes are honored.

Contact Firm Advice today to learn how we can help you register a Will in the UAE.