British Expats in the UAE create your Will with Juriszone
A UK will is not automatically valid in the UAE due to differing legal systems and inheritance laws. British expats must register their will locally to secure assets and protect family members. This guide highlights key steps for managing asset distribution in line with personal wishes under UAE inheritance laws.
Why should British Expats use Juriszone to create Wills in Dubai?
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Why British Expats in the UAE Should Have a Will
British expats in the UAE benefit from having a will, as it allows them to control asset distribution, protect family interests, and appoint a legal guardian for minor children. Without a registered will, local inheritance laws may dictate asset allocation and guardianship, which may not align with personal wishes. A will enables UK expats to bypass Sharia law’s default allocations, ensuring personal distribution choices and safeguarding assets for intended beneficiaries.
How Assets Are Distributed Without a Will in English Law
If a person dies without a will (known as dying intestate) under English law, their assets are distributed according to the Rules of Intestacy. These rules define who will inherit, often prioritizing spouses, civil partners, and blood relatives. This may disregard the deceased’s personal wishes or informal promises, potentially leaving close friends or extended family members without inheritance.
Key Points of Intestacy Rules in English Law the Importance of a Valid Will
1. Spouse or Civil Partner Priority
When someone dies without a valid will, their estate is distributed according to intestacy laws. If a surviving spouse or civil partner has no children, the spouse inherits the entire estate after debts and expenses are paid.
If there is a surviving spouse or civil partner and children, the distribution is:
1. Personal Belongings: The spouse receives all personal chattels, which include movable items like furniture, jewelry, and vehicles.
2. Fixed Sum (Statutory Legacy): The spouse is entitled to a fixed amount from the estate. As of 2023, this sum is £322,000.
3. Remaining Estate:
50% to Spouse: Half of what remains after the fixed sum goes to the spouse.
50% to Children: The other half is divided equally among the children.
2. No Will, No Choice
Without a valid will, personal wishes for asset distribution are not considered. The estate is divided strictly according to the intestacy rules set out in Section 46 of the Administration of Estates Act 1925.
3. Unmarried Partners and Step children
- Cohabiting Partners: Unmarried partners, often referred to as “common-law” spouses, do not inherit under intestacy rules.
- Stepchildren: Stepchildren are not entitled to inherit unless they have been legally adopted by the deceased.
4. Additional Important Points
- Divorced or Legally Separated Partners: They cannot inherit under intestacy rules.
- Children’s Rights: All biological and legally adopted children are treated equally when inheriting.
- No Close Relatives: If there are no surviving close relatives, the estate may pass to distant relatives or ultimately to the Crown.
- Regional Differences: The intestacy rules apply differently in Scotland compared to England and Wales.
Types of Wills Available for Non-Muslims in the UAE
DIFC Wills
The DIFC (Dubai International Financial Centre) offers wills specifically for non-Muslims, covering assets like real estate, bank accounts, and personal belongings in Dubai and other Emirates. These wills provide a clear framework and bypass Sharia law for non-Muslim expats, ensuring that asset distribution follows your intentions.
Abu Dhabi Court Wills for Expats
Abu Dhabi courts offer another option for will registration, with specific benefits for expats living in the capital. Choosing Abu Dhabi may be advantageous for expats with significant assets or business interests in the area.
Guide to the Registration Process for Wills in the UAE
Step-by-Step Process for Registering a Will
Step 1
Decide on the Type of Will
Choose between DIFC, Dubai Court, or Abu Dhabi Court wills.
Step 2
Prepare Documentation
Collect required documents, including identification, proof of assets, and guardianship declarations.
Step 3
Submit the Will for Registration
Submit the documents and complete the registration process at the selected court or center.
Key Documentation Required for Will Registration
Expats should have the following documents ready:
Passport and Emirates ID copies
Proof of UAE residency
List of UAE assets, including property deeds and bank statements
Guardianship declarations, if relevant
Unique Aspects of Inheritance Laws in the UAE for Non-Muslims
How Sharia Law Differs from Common Inheritance Practices
In the absence of a will, Sharia inheritance laws apply by default, with pre-set allocations for family members. This structure may not align with British inheritance preferences.
Important Considerations for Expats Drafting a Will in the UAE
Guardianship of Children
A will can appoint guardians for minor children, providing security and preventing potential legal disputes.
Asset Coverage in a UAE Will
Expats can include local UAE-based assets such as real estate, savings, and personal items, ensuring these assets are managed according to their wishes.
Differences in UAE vs UK Inheritance Laws
| Sharia Law vs UK Inheritance Laws | UK Legal Perspective |
|---|---|
| In the UAE, inheritance for non-Muslims without a registered will default to Sharia law. Sharia principles divide assets among family members according to pre-defined shares, typically prioritizing close blood relatives and following specific rules for sons, daughters, spouses, and parents. This system contrasts with the UK’s approach, where individuals generally have more freedom to distribute assets as they wish through a will, and inheritance law respects the rights of testators to allocate assets based on their preferences. | In the UK, inheritance laws prioritize testamentary freedom, allowing individuals to outline asset distribution within a will. If a will is not present, UK intestacy rules apply, dividing assets among immediate family members in a set hierarchy. Unlike the UAE’s default Sharia system, UK law emphasizes personal choice, recognizing wills written both in the UK and, to some extent, internationally. |
Including UK-based property in a UAE Will
Expats can include UK-based property in a UAE-registered will, though it’s essential to understand the limitations and implications. UK law may recognize this will, but it’s often advised to have separate wills for assets in different jurisdictions to avoid conflicts. A UAE-specific will for UAE-based assets and a separate UK will for UK assets is often recommended to simplify probate and ensure compliance with both jurisdictions.
Enforceability of UAE-Created Wills in the UK
UK courts generally honor foreign wills if they meet UK legal standards, but complications can arise. A UAE-created will may be enforceable in the UK if it complies with UK requirements for a valid will (such as witness signatures). However, UK courts may require proof of the testator’s intent, especially if the will includes assets in both countries. British expats often consult professional wills draftsman in both the countries UAE and UK to ensure that their wills are enforceable in each jurisdiction.
Considerations for British Expats with Assets in Both Countries
For British expats with assets in both the UAE and the UK, several considerations arise:
Separate Wills for Different Jurisdictions
Maintaining separate wills for UAE and UK assets can help avoid cross-jurisdictional conflicts, streamline probate, and ensure compliance with local laws.
Guardianship Arrangements
For expats with minor children, guardianship preferences specified in the UAE will may not automatically apply in the UK. Including guardianship preferences in both wills is essential for broader protection.
Tax Implications
The UK levies inheritance tax on worldwide assets for UK-domiciled individuals, while the UAE currently has no inheritance tax. This difference impacts estate planning, especially for those with significant assets in both countries.
Consulting experts Across Jurisdictions
Consulting with professionals like us ensures that wills are valid and enforceable in each jurisdiction, minimizing legal complexities and potential disputes.
Language and Documentation Requirements
UAE wills for non-Muslims can often be registered in English (such as DIFC wills), but in Dubai or Abu Dhabi Courts, Arabic translations are typically required. Ensuring clear documentation that aligns with both UK and UAE standards is vital.
UK Inheritance Tax (IHT)
Domicile Status
If you are UK-domiciled, all your worldwide assets, including those in the UAE, are subject to UK Inheritance Tax. The standard rate is 40% on the value of your estate above £325,000. This threshold increases to £500,000 if you leave your home to your children or grandchildren.
Non-Domiciled Status
If you are not UK-domiciled, only your UK-based assets are liable for UK Inheritance Tax. Starting in 2025, the UK will move from a domicile-based to a residence-based system for IHT. Under this system, only those who have been UK residents for at least 10 years will have their non-UK assets included in UK IHT assessments.
UAE Inheritance Considerations
Sharia Law Application
In the UAE, without a will, Sharia law governs how assets are distributed. This may not reflect your personal wishes. To ensure your assets go to your chosen beneficiaries, you should draft a will that specifies your preferred laws for asset distribution.
Local Will Registration
Registering a will in the UAE ensures your UAE assets are distributed according to your intentions. This can prevent the automatic application of Sharia law to your estate.
Double Taxation Agreements
The UK and the UAE do not have a double taxation agreement for inheritance tax. You might face tax liabilities in both countries. Seeking professional advice is crucial to manage these obligations effectively.
Estate Planning Recommendations
Draft Separate Wills
Create separate wills for your UK and UAE assets. This approach addresses the legal requirements of each jurisdiction.
Seek Professional Advice
Consult legal and tax professionals with experience in cross-border estate planning. They can help you comply with UK and UAE laws and optimize your tax position.