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A will is a legal document that outlines an individual's wishes regarding the distribution of their assets and the care of their dependents after their death. It is a crucial component of estate planning and serves several important purposes. Here's a breakdown of what a will is, what it covers, what it does not cover and why you might need one:
Definition of a Will:
A will is a legal document that outlines your wishes for how your property and assets should be distributed after your death, and who should take care of your minor or dependent children if any. You need a will to ensure that your estate is handled according to your preferences, and to avoid potential conflicts or complications among your heirs. A will can also help you save money on taxes and give gifts or donations to charities of your choice. It can also address other matters, such as the designation of an executor to manage the distribution of your estate.
What Does a Will Cover:
A will typically covers the following instructions:
Executor Appointment: You can name one or more executor/s in your will, meaning the person who will carry out your directions, handle your affairs, managing your estate, and ensuring that your wishes are fulfilled. Executor will also be responsible for filing the Will at the Court and informing of your death to the relevant authorities/entities.
Asset Distribution: Naming be the beneficiaries of your will, meaning the people or organizations who will inherit your assets. A will specifies how your assets, including real estate, bank accounts, investments, and personal belongings, should be distributed among your beneficiaries. It will also specify how your assets will be divided among your beneficiaries, and you may also specify items or properties you want to give to whom.
Appointment of Guardians: If you have minor children, a will allows you to designate a guardian or guardians who will be responsible for their care in the event of your death.
Specific Bequests: You can make specific bequests, such as leaving particular items or sums of money to specific individuals or charitable organizations.
Other wishes: Your will can express your preferences or any other special requests or instructions you have, such as funeral arrangements.
A will does not cover the following items:
Assets that have a designated beneficiary, such as life insurance policies, retirement accounts, or payable-on-death accounts
Assets that are held in a living trust or foundation, which is a separate legal entity that bypasses probate
Debts that you owe, which will be paid from your estate before any distribution to your beneficiaries.
Why Do You Need a Will:
Control over Distribution: A will allows you to have control over how your assets are distributed. Without a will, your estate may be distributed according to the intestacy laws of your jurisdiction (Sharia Law in UAE), which may not align with your preferences.
Guardianship for Minor Children: If you have minor children, a will is crucial for designating a guardian to take care of them if both parents are deceased.
Executor Appointment: By appointing an executor in your will, you ensure that someone you trust is responsible for handling your affairs.
Avoiding Family Disputes: A clear and legally valid will can help minimize the potential for family disputes over the distribution of assets.
Expressing Your Wishes: A will allows you to express your specific wishes regarding your estate, reducing ambiguity and potential conflicts among family members.
To make a valid will, you need to be at least 21 years old or above in UAE and at least 18 years old in other countries outside UAE and of sound mind, meaning you understand what you are doing and the consequences of your decisions. You also need to sign or verify yourself before the notary officer to register the Will in UAE. For Home country Wills, you need to sign your will in front of two witnesses who are not beneficiaries of your will, and who will also sign the document.
It's important to note that the legal requirements for creating a will can vary by jurisdiction. It is advisable to consult with a legal professional to ensure that your will is valid and meets all legal requirements in your area.