"My friend did not leave a will and died in the UAE recently. He was an Indian expatriate and suddenly his wife finds out that a lot needs to be done before she can get possession of all the money and assets that belonged to the family when he was alive. What does it need to make a will? And would a will drafted and vetted by the Indian or the UK courts be acceptable to the authorities in the UAE?"

I am very sorry to hear about your friend’s death. All deaths are difficult occasions, especially when the deceased has left a family. This situation can be compounded when there is no will in place.

The standard procedure here in the UAE is for the deceased’s assets to be frozen in the event of their death. The banks are instructed by the courts to do this on all transactions on the accounts of the deceased, including joint accounts. The accounts will only be unfrozen by order of the Sharia Court once it has received an attested will. This process aims to safeguard any payments that need to be made after an expatriate has died, such as outstanding loan payments.

Anyone can draft their own will without the aid of a lawyer. However, a lawyer or a specific will writer is often used to make sure that the wording is correct, and that the will actually does what you want it to do.

Additional requirements may vary, depending on the jurisdiction, but every will must contain the following:
• The person writing the will (the testator) must clearly identify themselves as the maker of the will, and that a will is being made;
• The testator must declare that he or she revokes all previous wills. Otherwise, a subsequent will revokes earlier wills only to the extent to which they are inconsistent.
• The testator must demonstrate that he or she has the capacity to dispose of his or her property, and does so freely and willingly.
• The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).
• The testator's signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator's intentions. 

The subject of wills raises questions which most people are uncomfortable with, such as thinking about their own mortality.  As a result they take the easy option and avoid the issue. A common mistake people make is thinking that as they do not have considerable savings or property, they do not need to make a will, however everyone needs a will if they have any assets (such as a bank account, property etc).

It is also worth remembering that your will is not simply about deciding who gets what; it's also about appointing responsible people to administer your estate. You can choose who takes those important financial decisions for you when you are no longer around.

Lets look at what a will is. A will is a document that details exactly what you would like to happen to your estate in the event of your death. The document can cover all aspects of your life, from physical assets such as property, investments or cash, through to who you would like to look after your children until they are of an age that they can look after themselves. It is worth noting that if you marry you will have to start again, as marriage automatically revokes a will, however, possibly just as importantly, a divorce does not. 

As the surviving spouse does not automatically inherit everything you will need a will to ensure your wishes are put into effect. Once you are married and have a will in place, it doesn't end there. If you are planning to have children, then you will need to provide for them - and not just financially. 

Here are some key questions that need to be considered when writing your will:
• Guardians: Who is going to bring your children up if you have both passed away?
• How is their education to be funded?
• Do you want your children to inherit your money at 18 or would you prefer it to go to them when they are a little more mature at say 21 or 25. 

Why have a will? 

It is important to have a will to make sure that your estate is distributed as per your wishes. If the worst was to happen and you were to die without a will, it is referred to as dying intestate, and the rules that govern the distribution of the estate in such circumstances are known as the law of intestacy.

A UK, Indian or indeed any other foreign will, are acceptable in the UAE, but will need to have been attested (authenticated) in the country where the will was written, and then translated into Arabic. A UK will for example needs to be notarised by a notary public in the UK, attested by the Foreign & Commonwealth Office (FCO) and then attested by the UAE Embassy in London. Once the will has been attested it can be presented to the Sharia Court, but you must appoint an advocate to do this on your behalf.  Sharia Court will then pass a decision on the wishes of the deceased with regard to their UAE assets.

Finally as with all aspects of your financial affairs, your will should be reviewed regularly to make sure it continues to reflect your wishes and requirements. As always we at Acuma welcome your questions and enquiries directly so please do not hesitate to contact us if you would like to discuss this or any other issue in more detail.