The pandemic changed the way we live, work, and even manage our legal affairs. One significant shift has been the rise of remote services, including will writing. As the UAE continues to embrace digital transformation, the option to draft wills remotely has become increasingly popular, especially for expatriates. However, while remote will writing offers convenience, it also comes with certain limitations that should be carefully considered.

In this blog, we will explore the pros and cons of remote will writing in the UAE. We will also discuss the critical role of legal professionals in drafting a valid and comprehensive will.

The Need for a Will in the UAE

Before we dive into the pros and cons of remote will writing, it's important to understand why having a will is crucial for expatriates and residents in the UAE.

1. Inheritance Distribution as per Sharia Law

In the absence of a valid will, the UAE courts will apply Sharia law to the distribution of your assets. Under Sharia law, inheritance is divided based on fixed shares:

• Spouse: Receives one-eighth or one-quarter of the estate, depending on whether there are children.

• Children: Sons receive double the share of daughters.

• Parents and Siblings: May also receive portions of the estate depending on the family structure.

For many expatriates, this distribution may not align with their personal wishes. Sharia law does not account for non-Muslim inheritance preferences, such as leaving assets to friends, charities, or distributing assets equally between male and female heirs. Therefore, if you're a foreigner residing in the UAE, having a legally recognized will is essential to ensure your assets are distributed according to your wishes and not automatically subject to Sharia rules.

2. Guardianship for Minor Children

In the event of your passing, a will can designate guardians for your minor children. Without a will, the guardianship decision could be left to the courts, which may not align with your preferences or cultural considerations.

The Pros and Cons of Remote Will Writing in the UAE

With the rise of digital services, many people are now opting to draft their wills remotely. Let's look at the benefits and potential pitfalls of remote will writing.

Pros of Remote Will Writing

• Convenience and Flexibility: The most significant advantage of remote will writing is convenience. You can create a will from the comfort of your home without needing to visit a lawyer’s office. This flexibility is especially beneficial for busy professionals, business owners, or anyone with limited time.

• Timesaving: By using remote platforms, you can often complete the process more quickly than through traditional methods. Some services allow for quick consultations, online document uploads, and even electronic signing.

• Cost-Effective:  Remote will writing services tend to be more affordable than in-person consultations. This lower cost is particularly appealing for individuals with simpler estates or those looking for a budget-friendly option.

• Safe and Accessible in a Post-Pandemic World: For those who prefer to avoid face-to-face meetings due to health concerns, remote services offer a safer alternative. It also provides greater accessibility for expatriates living in remote areas of the UAE or those frequently traveling.

Cons of Remote Will Writing

• Risk of Incomplete or Invalid Wills: One of the biggest drawbacks of remote will writing like using online templates or writing the Will by self is the potential for errors. Estate planning laws in the UAE can be complex, especially for expatriates. Without the expertise of a legal professional or a law firm, your will may miss critical components or be deemed invalid by the courts, leading to disputes or unintended distribution of your assets.

• Limited Personalization: Many online platforms offer generic templates that may not account for the nuances of your specific situation. Whether you have a complex estate with multiple properties or unique family dynamics, a one-size-fits-all approach may not provide the protection and clarity you need.

• Legal Challenges in the UAE: Wills drafted abroad or through non-specialist platforms may not comply with UAE laws. This could lead to complications during probate and risk the invalidation of your will, meaning your estate may still be subject to Sharia law distribution.

Why It's Essential to Have a Lawyer in the UAE Draft Your Will

Given the complexities of inheritance laws in the UAE, it's important to have a legal professional or law firm draft your will. Here’s why:

• Expert Knowledge of UAE Laws: The legal framework in the UAE can be complicated, particularly for expatriates with assets in multiple countries. A qualified lawyer will ensure your will is compliant with both UAE law and, if applicable, the laws of your home country. They will also consider Sharia law’s potential impact on your estate, even if you're not a Muslim, and draft your will to avoid any legal consequences.

• Tailored Solutions: A professional will ensure that your will is customized to your unique situation. Whether you have complex business interests, properties in different countries, or specific wishes for your children’s guardianship, a legal expert can draft a complete document that covers all these aspects.

• Legal Validity and Peace of Mind: A lawyer will make sure your will is properly witnessed, signed, and registered with the relevant authority such as Abu Dhabi Judicial Department (ADJD) or Dubai International Financial Center (DIFC) in accordance with UAE legal requirements. This ensures its validity, offering you peace of mind that your estate will be managed exactly as you wish when the time comes.

• Avoiding Future Disputes: A professionally drafted will reduces the risk of disputes among your heirs. It clearly outlines your wishes, making it less likely that the will’s legality will be challenged in court.

The Role of Technology in Estate Planning

In the post-pandemic era, remote consultations, secure document-sharing platforms, and electronic signatures have made it easier for individuals to create a will while still involving legal professionals. At Firm Advice, we offer the best of both worlds: the convenience of remote consultations coupled with the expertise of our legal team to ensure your will is valid, comprehensive, and tailored to your specific needs.

A professionally drafted will ensures that your estate is managed according to your wishes, protects your family from unnecessary legal complications, and provides peace of mind for your future. Contact us to schedule a consultation and register your Will.