Features of Single Will
Key Characteristics
A single will is created by an individual. Unlike mirror wills, which are made by two people (spouses) and are typically reciprocal, a single will reflects the sole intentions of the individual.
Components
Essential elements of a single will include:
- Executor(s): The person(s) appointed to carry out the terms of the will.
- Beneficiaries: Individuals or organizations designated to receive assets.
- Asset Distribution: Detailed instructions on how assets are to be allocated.
- Guardianship Provisions: If applicable, directions for the care of dependents or pets.
- Funeral Wishes: Any specific preferences regarding funeral arrangements.
Simplicity and Autonomy
Single will offer simplicity and autonomy, allowing individuals complete control over their estate planning. This independence ensures that the will accurately reflects personal wishes without the need for compromise.
Legal Autonomy in Single Will
Independent Decision-Making
One of the primary benefits of a single will is the empowerment it gives individuals to make unilateral decisions about their estate. There’s no need to align with another person’s preferences, which is particularly advantageous for those who have distinct plans for their assets.
Flexibility
Single will afford flexibility. Changes or updates can be made at any time without requiring consent from another party. This is especially useful when life circumstances change, such as acquiring new assets or altering relationships with potential beneficiaries.
Personalization
The ability to personalize every aspect of the will ensures that it aligns with personal values and objectives. Whether it’s leaving a bequest to a cherished friend or donating to a favored charity, single will make it possible to tailor instructions precisely.
Customized Asset Distribution
Customization Options
Single will allow for specific and unique distribution plans. Individuals can dictate exactly how and to whom their assets are distributed, creating provisions that cater to their specific desires.
Inclusion of Various Assets
A wide range of assets can be included in a single will:
- Physical Assets: Property, vehicles, jewelry, and other tangible items.
- Financial Accounts: Bank accounts, investments, stocks, and bonds.
- Digital Assets: Online accounts, cryptocurrencies, and digital media.
- Personal Belongings: Sentimental items or collections.
Specific Bequests
Precise allocations can be made to beneficiaries, whether they are family members, friends, charities, or organizations. This specificity ensures that assets are distributed exactly as intended.
Advantages of Single Will
Independence
Having full control over estate decisions is a significant advantage. Independence means that the will solely reflects the individual’s wishes without external influence.
Customization
The ability to customize the will ensures that it addresses unique circumstances and preferences. This personalization can provide peace of mind, knowing that all considerations have been accounted for.
Flexibility
Life is dynamic, and priorities can change. Single will offer the flexibility to amend provisions as needed, ensuring the will remains relevant over time.
Challenges of Single Will
Potential Higher Costs
Personalized legal services involved in drafting a single will may result in higher expenses compared to standard wills. Professional fees can vary based on the complexity of the estate and the specificity of instructions.
Complexity for Intricate Plans
Detailed distribution plans can complicate the drafting process. Complex wishes may require additional legal expertise to ensure they are articulated clearly and are legally enforceable.
Risk of Oversights
Without careful attention, there’s a risk of unintentionally omitting important details or assets. Thoroughness is essential to prevent disputes or confusion during the execution of the will.
Preferred Scenarios for Single Will
Ideal Candidates
- Single Individuals: Those who have never married, are divorced, or widowed.
- Complex Family Dynamics: Individuals with estranged relationships or unconventional family structures.
Specific Situations
- Substantial or Unique Assets: Owners of businesses, intellectual property, or significant investments.
- Non-Relatives as Beneficiaries: Those wishing to leave assets to friends, charities, or organizations rather than traditional heirs.
Consulting expert in Will Writing
Engage a qualified professional experienced in UAE inheritance laws. They can provide guidance, ensure compliance with legal requirements, and help articulate your wishes clearly.
Writing the Will
With professional assistance, draft the will, ensuring that all provisions are unambiguous and legally sound. Review the document thoroughly to confirm that it accurately reflects your intentions.
Legal Requirements for Single Will
Age Requirement
In the UAE, the testator (person making the will) must be at least 21 years old to create a legal will. This age requirement ensures that the individual is legally recognized as having the capacity to make binding decisions about their estate.
Documentation
Prepare the necessary documents:
- Identification: Valid passport and Emirates ID.
- Proof of Assets: Documentation of property ownership, bank statements, investment certificates.
- Other Relevant Documents: Title Deed, Agreements, or contracts related to assets.
Formalities
Adhere to legal formalities:
- Witnesses: The will must be signed in the presence of two witnesses as required by the DIFC Wills and Probate Rules. Witnesses are not required for the will registered in the Abu Dhabi Judicial Department.
- Signatures: Both you and the witnesses must sign the will appropriately.
- Witness Eligibility: Witnesses should be over 21 years old, of sound mind, and not beneficiaries of the will.
Language Considerations
DIFC Wills are drafted and registered entirely in English. Abu Dhabi Judicial Department (ADJD) Wills are bilingual, written in both English and Arabic.
Validity
To be enforceable, the will must be drafted professionally according to the applicable laws of the different courts and jurisdictions. Compliance with law and regulations with accuracy in detailing your wishes is crucial. It is strongly recommended for expatriates to register their wills with recognized jurisdictions to ensure validity.
Amendments and Updates in Single Will
When to Update
Consider updating your will when significant life events occur:
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- Acquisition or sale of assets
- Changes in relationships (marriage, divorce, births, deaths)
- Changes in financial status
- Relocation or changes in residency status
- Legislative changes affecting inheritance laws
Revocation of Previous Wills
When drafting a new will, explicitly revoke all previous wills. This prevents potential conflicts between multiple documents.
Maintaining Relevance
Regularly review your will to ensure it aligns with your current intentions and circumstances. Periodic reviews help maintain its relevance and effectiveness.
Cost of Single Will
| Full Will Covering All Assets and Guardianship (Single) |
|---|
Scope: Only covers child guardianship Court Fees AED 10,000 Professional Fee AED 3,500 Total Cost AED 13,500 |
| Full Single Will Service |
|---|
Court Fees AED 950 Professional Fee AED 3,500 Total Cost AED 4,450 |
FAQs About Single Will
Consulting a specialist is highly recommended for drafting a will. Professionals ensure that the will is valid, enforceable, and compliant with UAE laws, reducing the risk of errors or oversights. For non-Muslim expatriates, registered wills, such as those registered with the Dubai International Financial Centre (DIFC) Wills Service Centre or the Abu Dhabi Judicial Department (ADJD), are strongly recommended.
Review your will every few years or whenever significant life changes occur. Regular updates ensure that your will remains current and accurately reflects your wishes.
Yes, digital assets such as online accounts, cryptocurrencies, and digital media can be included. Provide clear instructions on how these assets should be managed or transferred.
Without a will, your estate will be distributed according to Shariah law by default in the UAE, regardless of your religion. This may not align with your personal wishes and can lead to unintended beneficiaries and potential disputes among surviving relatives.
Yes, you can revoke or amend your will at any time, provided you are of sound mind. It’s important to follow legal processes to ensure that changes are valid and enforceable.