Writing a will is one of the most important steps you can take to protect your assets and loved ones, especially for foreigners residing in the UAE. Unfortunately, many people make common mistakes when drafting their wills, leading to complications, delays, or even disputes after their passing. In this blog, we will highlight the top mistakes to avoid when writing a will in the UAE.

Why Foreigners in the UAE Need a Will

As a foreigner in the UAE, you need to understand that without a properly drafted will, your assets will be distributed according to Sharia law. This legal framework may not reflect your personal or cultural preferences regarding inheritance, which is why it’s critical to have a will in place. By preparing a legally sound will, you ensure that your assets; whether personal belongings, real estate, business, bank accounts, or digital investments are distributed according to your wishes.

Let’s dive into some of the most common mistakes people make when writing a will in the UAE and how to avoid them.

1. Using Online Templates or DIY Wills

One of the biggest mistakes individuals make is using DIY will templates found online or drafting a homemade will without professional guidance. While it may seem like a quick and cost-effective solution, using generic templates can lead to a host of issues:

• Legal invalidity: Online templates may not meet the specific legal requirements of the UAE, making your will invalid or subject to legal disputes.

• Missing key clauses: A DIY will often fail to include important clauses that are necessary to cover your unique assets or personal circumstances.

• Overlooking UAE-specific laws: Estate planning laws vary between countries, and online templates may not account for UAE-specific requirements, leading to unintended consequences for expatriates.

Why You Should Use a Lawyer:

Working with a qualified lawyer or law firm ensures that your will is customized to your unique situation and complies with UAE law. A lawyer can identify any legal complexities that a template may overlook, ensuring that your will is valid and legally enforceable.

2. Failing to Appoint the Right Executor

The executor is the person you appoint to manage your estate after you pass away. Choosing the right executor is crucial to ensure that your estate is administered efficiently and according to your wishes. Many people make the mistake of selecting an executor without considering their suitability for the role.

Some common pitfalls include:

• Choosing someone who is too emotional or overwhelmed by the responsibilities.

• Appointing someone aged under 21 years of age; the legal age in the UAE is 21 years of age and the court will not approve an executor who is below the legal age. 

• Selecting an executor who lives far away, making it difficult for them to handle matters locally in the UAE.

• Appointing someone who is not financially or legally knowledgeable.

How to Avoid This Mistake:

When choosing an executor, select someone who is trustworthy, responsible, and capable of handling financial and legal matters. 

3. Not Clearly Outlining Beneficiaries

A major mistake people make when writing their will is failing to clearly define their beneficiaries. Incomplete or ambiguous language can lead to disputes among heirs and even cause the will to be contested in court.

For example:

• Not specifying the details of a beneficiary or their relationship to you.

• Failing to account for what happens if a beneficiary predeceases you.

• Not specifying alternate beneficiaries or including conditions for distribution.

How to Avoid This Mistake:

Clearly name each beneficiary and provide detailed instructions for how assets should be distributed. This includes listing alternate beneficiaries in case the primary ones are unable to inherit. A lawyer can help ensure that your language is clear, legally sound, and unlikely to be contested.

4. Overlooking Guardianship for Minor Children

For parents, one of the most critical aspects of writing a will is appointing a guardian for their minor children. In the UAE, it is particularly important to understand the local laws regarding guardianship:

• Male minors: You can name any person aged above 21 years of age as the guardian, but it’s crucial to choose someone responsible and legally capable.

• Female minors: The UAE does not allow single male individuals to act as guardians for female minors. The guardian must either be a married couple or a single female and be aged above 21 years of age.

Failing to appoint a guardian or naming an ineligible guardian under UAE law can lead to court intervention, where a judge will make the decision, which may not align with your wishes.

How to Avoid This Mistake:

Ensure you appoint a legally eligible guardian, and carefully consider their ability to care for your children in your absence. You can also appoint alternate guardians in case the primary choice is unable to fulfill the role. Working with a lawyer can help ensure you comply with UAE laws regarding guardianship.

5. Not Updating Your Will Regularly

A common mistake is assuming that once you’ve written a will, you’re done. However, life changes, and so should your will. If you experience significant changes such as marriage, divorce, having children, acquiring new assets, or moving countries, it’s essential to update your will accordingly.

How to Avoid This Mistake:

Regularly review and update your will, especially after major life events. A lawyer can guide you on when and how to make amendments, ensuring that your will remains up-to-date and reflects your current wishes.

Why It’s Important to Work with a Lawyer

A will is a legal document with long-term consequences for your estate and loved ones. While DIY solutions or online templates may seem appealing, they carry the risk of mistakes, ambiguities, or even invalidation under UAE law. Working with a lawyer ensures that your will is:

• Legally compliant: A lawyer will ensure your will meets all UAE legal requirements and protects your assets from being distributed in a way that conflicts with your wishes.

• Customized: Every person’s estate is unique, and a lawyer will take into account your specific assets, family structure, and personal preferences to create a tailored estate plan.

• Free of errors: Ambiguous language or incorrect clauses can lead to disputes or delays in executing your will. A lawyer ensures your will is clear, accurate, and legally enforceable.

At Firm Advice, we specialize in helping expatriates in the UAE draft legally sound wills that protect their assets and loved ones. Our experienced legal team can guide you through the complexities of estate planning and ensure your will is customized to your needs.

Contact us to know more about creating a Will in the UAE.