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The Importance of having a Will

Who are Just Wills


Just Wills UK
UK based Company with 20 years + experience in drafting Wills. Generating 1,000s Wills per year. Thousands of Wills already proven. Over 2,000,000 PI cover per Will. Just Wills PLC is the largest Independent specialist Will Writing Company in the UK.

Just Wills Al Wasiyya JLT


First branch of Just Wills in the United Arab Emirates. Now have received exclusive rights for United Arab Emirates/G.C.C.

First company in the UAE to offer a complete Will drafting service.


Registered with the Rulers Court of Dubai.

We offer

Products:

1.
2. 3. 4.

Wills (Single/Mirror)
Power of Attorneys Advance Directives/Living Wills Hiba (The Ultimate Gift).

Wills
What happens if you die without a Will in the UAE?
. Bank Accounts are frozen (Shariah Law).

. Visas are cancelled (UAE/GCC Law).


. Home Country is informed of your death (International Law). The Shariah Law will/may apply to the distribution of the estate. Life Policies can be passed onto your estate instead to your family. Any other Investments can be frozen/delayed. Family arguments within the Estate. Ex Partners (husband/wife) can stake a claim in your estate. Properties in your home country will be distributed according to the Laws of the Home Country. Children from any previous relationships could receive nothing. Tax Man can have up to 40%+ of your money (Applies to countries where IHT is applicable) Partners if not married may receive nothing.

Freezing of Bank Accounts


When a person dies in the UAE the first thing that happens is all of their bank accounts are frozen. This can happen in little as 2 to 3 hours depending on the circumstances of the death.
The HR department has a duty to inform the bank where the employees salaried is paid into of the death. The moment they are informed the bank accounts are blocked. Please note that the death certificate is not required for the bank account to be frozen. For your information there is no concept of either or survivor bank accounts in the UAE which means that if the husband passes away then the bank account is frozen. The partner will not be able to withdraw any monies from the account.

Visas been cancelled


At least 90% of the house wives are usually on the husband sponsorships. When the husband dies his Visa is cancelled which means that his wife, children and even the house maid Visa's are cancelled. This can be a big problem for the wife. Just imagine that all bank accounts are blocked then she is told to leave the country. How can see book the flights? Dont for get the credit cards are blocked. Please bear in mind that Visas been cancelled is a UAE matter nothing to do with the Shariah Law. The wife is given a total of 30 days to leave the country. For some countries e.g. the UK, British passport holders can have an additional 30 days extension. Afterward they have to leave the UAE or would be subject to the Dubai/Hatta run.

Home Country is informed of your death


Due to International Law the Embassy of your home country will be have to be informed of the death.
In some countries the bank accounts are also frozen there which is due to LOCAL Law not the laws of the UAE. For example if a South African dies here in the UAE, his bank accounts are frozen here and then the South African Embassy will be informed of the death. They will send a message back to South Africa which means the bank accounts are frozen there as well.

International Law is always applied when a person dies.

Shariah Law is applied


There are a lot of misconceptions surrounding the distribution of the shares according to the Islamic Shariah Law. The Shariah Law has been around for almost 1400 Years ago and this is the default Law for the UAE and some other countries.
The Shariah Law states that the whole family should benefit from the death of the person not just one person. To work out the shares it is very important to know who the legal heirs are. As the shares changes depending on who the survivors are. E.g. In the case of a husband dying leaving behind a wife, son & daughter & parents the share are as follows: Wife 1/8th, Mother 1/3rd, Father 1/3rd, Son & Daughter 2:1 share respectively. Please note that the brother of the deceased is not a legal heir as the son & the father of the deceased are alive. The brother will only become a legal heir if both the father and the son are both not alive.

Life Policies/Death in Service Benefits/Gratuity Benefits can be passed onto your estate instead to your family.

In cases were the beneficiary forms are not completed it is important to have a valid Will as this can cover all Policies that do not have the beneficiary forms completed. Although we always recommend that you complete the nominee forms.
Many Employers do not offer nominee forms for the death in service benefits (DISB) and due to this they will not know were to send the benefit to. Gratuity tends to end up in the Shariah Courts. Due to this it is vital that your have a valid Will so that the courts will know to whom these benefits should go to. According to the Shariah DISB & Gratuity benefits are not owned by the employee at the time of the death therefore this is not part of his estate which means he is free to distribute this according to his wishes.

Any other Investments can be frozen/delayed.


If you own any properties (off-plan as well), Stock/Shares or any other Investments they will be delayed/frozen until the Courts decides on who the beneficiaries are.
Courts requires a Will to decide on who the beneficiaries are before they release any funds. As mentioned if there is no Will the Shariah Law will be applied.

Family arguments within the Estate.


There have been so many situations when people die and where there is no Will the family are fighting for the estate.
Due to this there are many cases that are still in the court stuck there for so many years. Since there is no Will and the Judge will have apply his own decision to the case. There is only one document that can speed this process.

Where there is a Will there is a way

Ex Partners (husband/wife) can stake a claim in your estate.


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If you are divorced it is important that this is mentioned this in the Will.
Many divorces may not be absolute which means that the ex-partner may still take a claim in the estate. Always better to mention this in the Will or prepare a Letter of Wishes to explain the matter.

Properties in your home country will be distributed according to the Laws of the Home Country.
Every Country has a default law that if a person dies and left no Will then the Country will decide how the estate will be distributed Countries like the UK, USA & India has there own inheritance Laws which may not agree with the wishes of the deceased. Therefore it becomes very important to have a Will drafted.

Children from any previous relationships could receive nothing.


By not having a Will if you have children from a previous marriage they may end up with nothing..
There have been many cases where the children from the previous marriage end up with nothing and due to this many estate have been contested. Once the estate is contested the case may be in court for several months/years fro the judge to arrive to a decision. By having a Will the testator (person writing the Will) can decide to whom the estate can pass to. This is a very important note to point as there are so many divorces and making a provision in the Will will make all the difference.

Tax Man can have up to 40% of your money


(Applies to countries where IHT is applicable)

This usually applies to countries where Inheritance/death duties apply to.


Just Wills are not Tax advisors so we always recommend that you seek independent advice from a Tax Advisor. We always advice clients that all Countries share information on what the deceased owned which means that your home country will know what you assets you owned. Therefore you may be taxed on all your assets Worldwide For example if a US citizen dies in the UAE the IRS will find out all the assets the person owned both in the UAE & the USA.

Partners if not married may end up receiving nothing


Many Countries do not have any provisions for people who are living together (common law partnerships) which means even there is no Will the partner may end up with nothing.
The statistics are shocking on the amount of partners that ends up with nothing. They may be living together for a number of years, however at the time of death the Law of the country may not accept this relationship. Again it is very important that your draft a Will as this is probably the only document that may protect your loved ones.

If you have a Will


Speed the Process of the distribution of your estate Will document will over ride the Shariah Law ** Decide where you would like your estate to pass to. Decide where you want your Bank Accounts to go to. Life Policies can be passed to the people of your choice. Any and all Investments can pass to the people of your choice. NO Family arguments - everyone knows you gets what. Set up Exclusion clauses for your Ex Partners. Make a provision for children from any previous marriages. Make a gift of money to a family member. Choose your own Executors. Make a provision for a Charity **depending on your religion

AND MORE IMPORTANT.......

Protecting your Children


Appointing Guardians What happens to your children if you and your partner die????? If you have not prepared for this, and there are disputes, Local Authorities of your home country and or the Dubai authorities can appoint Guardians . You need to appoint both Interim & Permanent Guardians Making a provision for your guardians to look after your children

A Will is the ONLY document that allows you to appoint Guardians to protect your Childrens future.

Statistics in the UAE 2.9 in every 3 people here in the United Arab Emirates

Do Not Have a Will.

What does a Will do?

It protects your assets & your CHILDREN !!!

Power of Attorney
If a person was to become mentally incapacitated/brain dead or in a coma, potentially Bank accounts, Mortgage Accounts could come to a halt especially if two signatures are required to operate the account.
By setting up a Power of Attorney (usually between husband & wife), the attorney will be able to operate bank accounts, mortgage accounts, etc. The attorney cannot change the Will (hopefully the Will would of being signed prior) however the Power of Attorney will be a very useful document to have all your financial documents looked after by the attorney.

Further information is available upon request.

Living Wills
If a person is diagnosed of a terminal illness he/she will not be able to have any choice on the lever of care they receive. Basically there at the mercy of the Doctors. By setting up a Living Will the person while in the right state of mind can have some choice on The Level of Cover they receive. There are several websites that you will be able to lean more about this.

Again further information is available upon request.

What Just Wills recommends....?

8 Major Points
1. 2. 3. 4. 5. 6 7. 8. Emergency Bank Account Life Assurance (Off Shore Company) Set up a Visa for partner. Assets & Liabilities Statement. Contact Sheet for all listed in the Will Hiba (The Gift). Power of Attorney (Mirror) The WILL (Mirror)

1.

Emergency Bank Account

It is important that you have an emergency off shore bank account as all bank accounts are frozen when a person dies. Unfortunately there is no concept of either or survivor bank accounts in the UAE. In other words when a person dies all bank accounts are frozen when a person dies. Banks are giving wrong information to customers that the accounts are not frozen. The only concept they have is JOINT accounts which means that both husband & wife can use the accounts but when one dies all accounts are blocked. Bank accounts are frozen for two reasons: 1. Clear all debts & liabilities. 2. Determine who the legal heirs are. By having an emergency off shore account means that this account will not be frozen so that the partner (mainly the wife) will be able to use this account. Another reason is that if you are going to receive any benefits you will need to have a receiving account as well.

2. Life Assurance
As you are aware that all your Debts & Liabilities have to be cleared before anyone inherits anything regardless of your Religion/Origin. Therefore it is always recommended that you keep additional Life Assurance.
Most companies provides death in service benefits however it is recommended to keep additional life cover as if you leave your present employer your death in service benefits/life cover will cease immediately leaving you without any cover. It is also important that if you have any Life Cover you should complete the beneficiary forms so that upon your death the benefit will be paid immediately.

Further information is available on request.

3. Set up a Visa for the partner


As mentioned the Visa is always cancelled when the main sponsor (usually the husband) passes away.
This can be a major problem as the wife/children/house maid Visa's are all cancelled. They have leave the UAE in 30 days. For certain nationalities they can have another 30 days extension, however afterwards they will have to exit the UAE. For other nationalities they will have to leave the UAE and they cannot enter the UAE until they get a tourist Visa or someone sponsors them. Usually it would up to the HR manager to provide temporary Visas for the families.

For further please contact us.

4. Assets & Liabilities Statement

You will be surprised how many people may not know exactly what they own.
You will be may more surprised to know that husband & wife do not share details of what they own to one another. Just imagine that if both the husband & wife died how will the children will know what their parents owned. What we recommend is to always prepare a list of everything you own (Asset & Liability List A & L List) and keep this up to date. This list does not need to be attested or legalized it is just a guide line on what assets was owned by the deceased. The A & L List should be kept with the Will and kept with the Executors.

5. Contact Sheet for all listed in the Will


Just Wills usually list ONLY names and ID/Passport Numbers for the people listed in the Will.
As the contact details may change frequently people used to make amendments on their Wills. Amendments should not be carried out on the Will as this may cause problems later on. We do recommend that you keep a separate list of (a contact sheet) contact numbers, such as mobile, home/office numbers, email IDs and addresses and on a word/excel document and you can keep on changing this when their details changes. This means that you do not need to change the Will you just simply change the contact list. Again this does not need to be legalized or attested.

What information is required when drafting a Will ???

1. 2. 3. 4. 5. 6. 7.

Executors (minimum of three). Interim and full time guardians (Minimum of two) How you would like your estate to be distributed Any Gifts (Monetary/Properties, etc) Details of any Business Interests (Trade Licences) Disaster Clause (in case all die). Passport Copies required for all listed.
Please note that you need to prepare your Assets & Liability List anyway

Executors
Dictionary meaning: A person or company named in a will to ensure that all the assets and debts are accounted for and that all property is distributed as specified in the will. Also called a personal representative.

These are people who you nominate that will follow your wishes after your death. Usually the person drafting the Will (the Testator) will nominate their partner as the first Executor.
It is always recommended that the executors should be a person who knows you personally and has details of what you own i.e. the Asset & Liability List as if this person is unaware of this list it will be very difficult for this person to know what assets the deceased had which means the estate may be over looked. I am sure you can agree with me that is why there is so much money in this world and no one knows about this.

Guardians Interim & Permanent


When drafting a Will it is important to mention who the guardians of the children will be upon your demise. As the UAE operates under the Shariah Law more preference is given to the fathers side of the family.
This may not be in agreement with you and as most of us are Expats in the UAE the majority of our siblings/family are in our home country. Which means that we should be appointing local guardians (interim) to look after our children if this was to happen. It is always recommended to have more than 2 Interim and 2 Permanent guardians. In case one leaves the UAE there will always be a back up. All this information will be included in your Will. If a person dies and there is no one to take control the decision of deciding on the guardianship may be taken by the Local authorities which will not agree with your wishes.

Why Us?
1. Just Wills was the first Will drafting company in the UAE. 2. We have a full Will Drafting Licence. 3. We offer a full End to End service (including the Arabic Translation). 4. Professional Execution Service (if required). 5. We have received authentication from the Awqaaf. 6. Registered with the Rulers Court of Dubai. 7. We understand the Shariah Law. 8. 2,000,000 Professional Indemnity Cover per Will. 9. Worldwide Wills (Subject to Status). 10. Dubai Chamber of Commerce registration. 11. Now Registered on the Dubai Government Website ........ 12. Registered with the Institute of Professional Will Writers

FAQs 1
Why do we need to take the Wills to the Dubai Notary Public? Cant we go to another Notary? The Dubai Notary has offered a system where they will notarize the Wills. We will inform you when for example when Abu Dhabi and/or Sharjah will offer this same service. No date has been given yet. Why do the Wills need to go to the Home Embassy/Consulate as well? For certain Nationalities the home Embassy/Consulate offers this service as well so that Assets can be covered in your home country in the same Will. For further information please email us your details. Why are there three sets for the Wills & POA - Can we get more?

The Notary keeps one set and you (the client) will receive two sets. Usually the clients keep one and the other set is given to the attorney. You can receive more than three however there may be an additional charge for this.

FAQs 2
When do we update the Wills? Usually when there is a change in your circumstances. For example Marriage/Divorce or if you want to change the Beneficiaries /Executors/Guardians. Why do we need both Interim & Permanent Guardians? As the majority of us are Expats residing in the UAE the majority of our siblings are usually in our home countries. So in the event of death the permanent guardians may require a Visa to enter the UAE. This can cause problems as who will be looking after the children in the Interim What is a Testator/Testatrix? This is the person making the Will. Testator is the male and Testatrix is the female.

FAQs 3

What is an Executor/Executrix? An Executor is a person named in a Will who is responsible for ensuring that the instructions contained within it are carried out. It is important that you have a person who is a business minded person. Usually the partner is appointed as the first level Executor then you need to appoint a next level. Executor is the male and Executrix is the female. What is a Beneficiary? This is the person who will be inheriting from the Testator. This can be the partner and/or even the children.

FAQs 4
Can an Executor be a Guardian? Yes however we do not recommend this. As from our experience you will be giving one person too much responsibility. Can a Beneficiary witness a Will? No as this will invalidate the Will. An executor can be witness providing that person is not benefitting from the Will. Can I own assets in an off-shore company? At the present moment the UAE authorities are not allowing Immoveable property to be registered in an Off Shore Entity. However Assets can be owed by a Local Freezone company.

FAQs 5
What is a disaster Clause? This is use god forbid when the family passes away in a freak accident. (e.g. the husband, wife & children). Although this clause is not compulsory we always recommend this. Why do we need more than one Executor or Guardian?

Just in case of one Executor/Guardia is not there or is not alive then the second can act as a back up.
How many executors/Guardians are required?

Usually a minimum of two (of each) is required, however we recommend three.

FAQs 6
Why are Visa pages required? When we are translating the documents into Arabic we use the names that are in your Visa pages as this is the legal translation of your name.

What happen if the passport number changes?


There are always paper trails for all passport numbers on the system. Therefore details can be traced.

What is a Trustee?
This is the person who will be looking after the Trust (If one was to be created). Usually the partner is appointed as the first beneficiary & Executor. Therefore there will be no Trustee as the partner would be over 21 years of age. However if the children were to inherit (being Minors) the inheritance would be put into a trust and the person looking after the Trust would be the Trustee.

FAQs 7

What is a contact sheet and why do we need to prepare one? This is a list you prepare that details all the contact information for the people that are named in the Will. Usually we do not do this as they have been cases where the details were amended in the Will manually by the client and the Wills became invalid. What is an Assets & Liability List and why do we need to prepare one? This is a list where you document everything you own and everything you owe. For example you mention all your bank accounts and, Mortgage accounts and if there are any mortgages you mention the details together with any life assurance. It is highly recommended that you forward this to your Executors so that someone else knows about the financial affairs. Where do we store the Wills?

You can store the Wills in a fireproof safe at home. We will be offering Will storage services by mid spring 2011. You will receive soft copies of all the documents which we recommend that you forward to your executors.

FAQs 8
What is a Letter of wishes?

This is an informal letter that people details their wishes with things like Jewellary, funeral arrangements. Although this is a great way to express your wishes it is important to understand that this is not a legal binding document.
Can Wills cover Worldwide Assets? Please bear in mind that Wills are not designed to over ride/supersede any death duties or Inheritance Tax. Therefore it is important to understand that if you have assets in Countries that has death duties then it is recommended that you have a separate Will.

FAQs 9

Can the Wills in my Home Country cover my assets locally? We cannot guarantee that the Wills you have drafted in your home country will work here. There has been cases where the Wills have been accepted and the cases where the Wills have been rejected. As you can understand that all Wills needs to be translated into Arabic in order for the Courts to accept them. Not forgetting that we always mention the religion of the client and a specific clause to confirm that the Laws of the Home Country should be applied and not the Local Law.

To Contact us Tel: Fax: Email: Or Visit:


You Tube:

04 311 6592 04 332 8810 info@just-wills.net www.just-wills.net


http://www.youtube.com/watch?v=FHerf7E4ISw

Questions?

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