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As more expatriates settle and invest in the UAE, ensuring your assets are legally safeguarded through Wills and Estate Planning can help avoid unnecessary complications and provide peace of mind for your family’s future.

Dubai: You have achieved a major milestone – purchasing your dream apartment or villa for your family in the UAE, likely solidifying your long-term plans to settle here. But there is one essential step left – securing your property.

In the unfortunate event of your death, the absence of a Will can lead to added stress during an already difficult time. According to Nita Maru who spoke with Gulf News, while expatriates are keen on buying property in the UAE, many remain unaware of the importance of asset protection and inheritance planning.

Why property and asset protection is essential

Many expatriates mistakenly believe their assets will naturally transfer to their family members according to their wishes or the laws of their home country. Nita Maru, managing partner and solicitor of TWS Legal Consultants, specialises in Wills and Estate Inheritance in the UAE. She explained that inheritance laws in the UAE operate under a specific legal framework, especially when there is no locally registered Will in place. Another benefit of having a Will, according to Maru, was that you would have the option to apply the laws of your home country as well.

What happens without proper protection?

If you own property in the UAE but have not arranged for protections, like a Will or created an inheritance plan, you may face several challenges. The first issue is the complexity of managing assets across borders.

“Many expatriates own properties or have investments both within and outside the UAE, which requires careful coordination to ensure all assets are protected under applicable laws. Without an integrated legacy plan or Will, they risk fragmentation, where their assets may be treated differently across jurisdictions, leading to delays and potential conflicts in distribution,” Maru said.

Delays and complications

Without a Will, family members may also experience delays and unforeseen complications. “Without a clearly outlined Will, loved ones might face lengthy legal procedures to access the deceased’s assets. In cases involving jointly owned property, the surviving spouse may encounter barriers to retaining full ownership without a Will in place,” she added.

Joint property ownership does not guarantee transfer to your spouse

“A common misconception I encounter [among home owners] is the belief that joint ownership or simple property registration is sufficient for asset protection. Many believe that, because they co-own a property with their spouse, it will seamlessly transfer to the surviving partner. However, there is no rule of survivorship within the UAE and in reality, without a proper Will in place, UAE law or Sharia principles may apply by default. The asset may enter into local court probate, potentially leading to delays and unanticipated outcomes. This can impact the distribution of assets in a way that may not align with the expatriate’s personal wishes,” she said.

“A common misconception I encounter is the belief that joint ownership or simple property registration is sufficient for asset protection. Many believe that, because they co-own property with a spouse, it will seamlessly transfer to the surviving partner. However, there is no rule of survivorship within the UAE and in reality, without a proper Will in place, UAE law/Sharia principles may apply by default. In turn this can impact the distribution of assets in a way that may not align with the expatriate’s personal wishes.”

- Nita Maru, managing partner and solicitor of TWS Legal Consultants

How TWS Legal Consultants Can Help

At TWS Legal Consultants, we understand that preparing a Will can feel overwhelming, and discussions around property and inheritance may feel uncomfortable. But safeguarding the future of your family and ensuring that your wishes are respected is one of the most compassionate things you can do.

Contact us today for advice on drafting your Will and securing your family’s future. 

Email: [email protected]  

Phone: +971 4 448 4284

Website: www.twslegal.ae