Creating a valid will in Dubai is essential for expatriates to ensure their assets and affairs are handled according to their wishes after their passing. While the process of writing a will may seem daunting, understanding the basics can help expats steer the legal requirements and ensure their will is valid and enforceable. Explore here key elements to consider when writing a will with the help of Just wills Dubai:
Legal capacity:
To create a valid will in Dubai, the testator (the person making the will) must be of sound mind, legal age (21 years or older), and not under undue influence or duress. The testator must have the mental capacity to understand the nature and consequences of creating a will and the implications of their decisions regarding the distribution of their assets.
Formal requirements:
In Dubai, wills must be in writing and signed by the testator in the presence of two witnesses who are also of legal age and not beneficiaries under the will. The witnesses must also sign the will in the presence of the testator and each other. It’s important to note that handwritten (holographic) wills are not recognized in Dubai, and wills must be typed or printed.
Appointment of executor:
The testator should appoint an executor in their will to administer their estate and carry out the instructions outlined in the will. The executor is responsible for managing the testator’s assets, paying debts and taxes, and distributing the estate to the beneficiaries according to the terms of the will. The testator should choose a trustworthy and responsible individual to serve as executor.
Asset distribution:
The main purpose of a will is to specify how the testator’s assets will be distributed upon their death. The testator should clearly identify each asset and specify who will inherit it, whether it’s family members, friends, charities, or other beneficiaries. The will should also outline any specific bequests or instructions regarding the distribution of assets.
Revocation and amendment:
A will can be revoked or amended at any time by the testator as long as they have the legal capacity to do so. Common methods of revoking a will include creating a new will or making a written declaration of revocation. Any changes or amendments to the will should be made in accordance with the formal requirements outlined above.