Law

CHECKLIST IN THE CASE OF YOUR UNTIMELY DEATH

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The steps below outline what expatriates in the UAE should be aware of in the case of a sudden and untimely death.

1. REGISTERING A DIFC WILL -

A DIFC Will gives you the testamentary freedom and the option to pass on your assets and appoint guardians for minor children in accordance with your wishes. As a non-Muslim if you die without a DIFC Will your assets in the UAE will be distributed according to Shar’iah (Islamic) law and not necessarily according to your wishes. The DIFC Wills Registry mirrors the common law jurisdiction of England and Wales and provides for testamentary freedom.

2. ENSURE THAT YOUR MINOR CHILDREN ARE TAKEN CARE OF -

A DIFC Will allows for guardianship witness statements within the body of your full will. This allows you to appoint who you would like to look after your minor children and also give directions accordingly. There is also an option to register a DIFC Guardianship Will which deals solely with the care and protection of your minor children.

3. STRUCTURE YOUR BANK ACCOUNTS -

In the UAE bank accounts are frozen at the time of death which also applies to accounts held in joint names. It is advisable to set up separate bank accounts and ladies should definitely have an account in their sole name.

4. MAKE A LIST -

Make a list of all online banking or investment accounts with passwords and details and leave this in a safe place or with a trusted individual. Keep this list updated !

5. HOW WILL YOUR DEATH IMPACT YOUR DEPENDANTS’RESIDENCY/ VISAS? –

If you own freehold property the UAE laws will allow for a six month renewable residency visa. The beneficiaries of your DIFC Will would have a six month period of time to renew their visas. Always ensure that working spouses are sponsored by their employers. The other option is to set up an investor visa for non working spouses.

6. PREPARE A CHECKLIST OF PEOPLE THAT WILL NEED TO BE INFORMED AT THE TIME OF YOUR DEATH -

Several individuals/ institutions will need to be notified. This can take the form of a checklist that needs to be left with a trusted party or it can be included in a letter of wishes that is mentioned in your DIFC Will.

Soma Gardi is the founding partner of SG Legal Consultants FZC, a specialised niche firm providing a bespoke service for clients requiring a DIFC Will. Please contact soma@sglegalconsultants.com for any further information.

Want to have a quick discussion with us? Book a free consultation today. We will get back to you ASAP.

  soma@sglegalconsultants.com

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