# Death for expats in the UAE questions.



## bubble_boy (May 28, 2008)

Morbid questions I know, but they need to be asked.

Say something where to happen to me over here. What would happen to my wife? I am sponsoring her at the moment. 

What happens to the debt I have accumulated? Do prenuptial agreements apply over here? If I get life cover here, will she be the beneficiary, or do i have to set it up in the will. If so, I take it that the estate(debt) will be settled by the life cover and the rest paid out to her?

Does her bank account also get frozen, seeing as I am her sponsor? Will she be able to buy a ticket and leave for home?

What is the procedure with regards to death? Do you phone the police and take it from there? What happens to my body? Can I be cremated here, or will my body first have to go back home?


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## Elphaba (Jan 24, 2008)

bubbles said:


> Morbid questions I know, but they need to be asked.
> 
> Say something where to happen to me over here. What would happen to my wife? I am sponsoring her at the moment.
> 
> ...


Not morbid - sensible.

Prenups are not legally recognised in the UAE. Debts are expected to be settled by family, but depends on circumstances. You should only have offshore life cover so Sharia Law does not impact upon it. Anyone with dependent or assets should have a properly written will.

If you and your wife have joint bank accounts, then they will be frozen on your death and there is no guarantee that she will be the eventual beneficiary. All married women should have access to funds in their own name or offshore.

This article (another of mine) explains the preocedure on death.

The National Newspaper


It sounds as if you may need some advices regarding planning, Sharia law in the UAE and will. If so, feel free to PM me. I advise on these issues and also give seminars on the subject.

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## bubble_boy (May 28, 2008)

Thank you Elph. That's pretty much what I need to know. I will get in contact with you some time or another regarding wills and such. Just need to first make sure whether it is worth it and what I need to ask.


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## bubble_boy (May 28, 2008)

;167053 said:


> Have you thought about dealing with a financial advisor?


I have one back home. He does my life cover, disablilty and pension. It's not a lot, but it is enough to see my wife through if the worst should happen. 

I haven't set up a will here yet, as I don't really have assets, other than my television and a few pieces of furniture. Worst case as I understand it, they give my dad my belongings... My wife will surely move back home , and I would rather forfeit these few possesions than to make her deal will all the other stuff.


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## Elphaba (Jan 24, 2008)

You should have a will. Anyone with dependents, who is married or has any assets anywhere should have one. You may have one will only and this should generally be written in accordance with the rules of your home country (where you are domiciled), but also take into accounts any assets elsewhere.

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## bubble_boy (May 28, 2008)

Elphaba said:


> You should have a will. Anyone with dependents, who is married or has any assets anywhere should have one. You may have one will only and this should generally be written in accordance with the rules of your home country (where you are domiciled), but also take into accounts any assets elsewhere.
> 
> -


I have a will set up in my home country. It would not help much over here though - as far as I know. Elphaba, can you share what the average cost is of setting up a will over here? last I heard it was in the region of 2000 aed. A bit of a rip off for someone as cheap as I am.


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## Elphaba (Jan 24, 2008)

bubbles said:


> I have a will set up in my home country. It would not help much over here though - as far as I know. Elphaba, can you share what the average cost is of setting up a will over here? last I heard it was in the region of 2000 aed. A bit of a rip off for someone as cheap as I am.



If you don't have any assets in the UAE, then you don't need to write a new will.  Your existing one should be fine in respect of all other assets provided it reflects your current wishes. You simply need to be aware of the effect of Sharia Law should you die. Any bank accounts in your sole name or held jointly with your wife will be frozen. Any vehicles in your name will be impounded. If you wife is on your visa she will have 30 days to leave the country. This is why you should keep limited funds in the UAE and why your wife must have access to monies other than in joint acounts.

You can get a will done cheaply, but it will be put together by someone who has simply been on a will writing course and who has no real understanding of the serious implications. The person drawing it up must have knowledge of inheritance rules in many countries, as well as the effects of Sharia law and what can be done to reduce its impact. People should only get wills drawn up by a properly qualified and experienced lawyer who can give the correct advice. If a couple have children then isues such as trusts and guardians must be taken into consideration. It is too important an issue to skimp on. Getting it wrong can be very costly indeed.

My contact - a lawyer - charges from AED 3,850 for mirror wills (total for husband & wife), but that includes several meetings and discussion as well as proper advice.

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## Nickel (Dec 7, 2008)

Elph-

What if you are single (no longer married), here in the UAE solo, but with kids and grandkids at home (back in the States)? I have a will and power of attorney (my eldest daughter) at home, don't forsee buying property here but may have "items" (furniture, car) here.

Worth getting a will drawn up here also??


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## Elphaba (Jan 24, 2008)

Nickel said:


> Elph-
> 
> What if you are single (no longer married), here in the UAE solo, but with kids and grandkids at home (back in the States)? I have a will and power of attorney (my eldest daughter) at home, don't forsee buying property here but may have "items" (furniture, car) here.
> 
> Worth getting a will drawn up here also??


If you write another will, your last one will be invaldated, hence the term 'last will & testament', as only the latest one is valid. You can either write a new will; or if your current will reflects your wishes and just want to add a few points, you can add a codicil.

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## Nickel (Dec 7, 2008)

Of course! Didn't think of that caveat!!

But, since no family here, and by Sharia (sp?) law, my father or bother would get my "stuff"....... will they honor by US drawn up will? (giving it all to my daughters)

Interesting thought provoking thread!!


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## Elphaba (Jan 24, 2008)

Nickel said:


> Of course! Didn't think of that caveat!!
> 
> But, since no family here, and by Sharia (sp?) law, my father or bother would get my "stuff"....... will they honor by US drawn up will? (giving it all to my daughters)
> 
> Interesting thought provoking thread!!




No definite answer on that one. For a US will to be accepted in a court here it would need to be translated into Arabic and attested, but that can be done after death. 

Distribution of assets comes down to the decision of an individual judge on the day, but we have to assume that Sharia law will be onserved and work to worse case scenarios.

I run financial planning seminars for expats and the issue of death and wills is always the part where I have the most questions. It is confusing and so many people have been told the wrong information, that it is important to understand the realities of what could happen.

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## Nickel (Dec 7, 2008)

Thank you for all that info. Food for thought!!


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## Elphaba (Jan 24, 2008)

You're welcome. I advise on these issues daily. Had you been listening to Dubai Eye yesterday evening you'd have heard me talking about wills & other issues then.


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## Nickel (Dec 7, 2008)

You know, I read about your "talk" late (in another "place" LOL)so by the time I tuned in, it was about........ 3 sentences until the end!!  

PS - LOVE your accent!!!


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## Elphaba (Jan 24, 2008)

Nickel said:


> You know, I read about your "talk" late (in another "place" LOL)so by the time I tuned in, it was about........ 3 sentences until the end!!
> 
> PS - LOVE your accent!!!



It's everyone else that has an accent!! 

I'll be on again next Tuesday night (4th Aug at 9.00pm). 

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## Nickel (Dec 7, 2008)

Thanks for the info, Elph!! Will mark it on the calender!!


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## rsinner (Feb 3, 2009)

Reading this thread (and other threads on the topic), it is still not clear to me as to what will happen with the bank accounts. They will be frozen (immediately ?) , but then they cannot remain frozen forever, right ? My wife has a joint account with me here in UAE
I am just concerned about my cash as I do not hold too many assets here
I do not have a will in India, but don't foresee any legal problems due to that. May think of one 10-15 years down the line


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## Elphaba (Jan 24, 2008)

rsinner said:


> Reading this thread (and other threads on the topic), it is still not clear to me as to what will happen with the bank accounts. They will be frozen (immediately ?) , but then they cannot remain frozen forever, right ? My wife has a joint account with me here in UAE
> I am just concerned about my cash as I do not hold too many assets here
> I do not have a will in India, but don't foresee any legal problems due to that. May think of one 10-15 years down the line


The law says that if a man dies his banks accounts should be frozen and this will usually happen within an hour or two of notification. The accounts will be unfrozen when the case goes through the courts, usually a month or two later, but under Sharia law there is no guarantee that the monies will go to your wife. In fact all assets are frozen, including any cars in the man's name, so a wife may no longer have access to a car either.

All married women should have a bank account of their own with funds in case of emergency & the account must be totally separate from her husband's account or any joint ones.

If you have any dependents and any any assets you should have a will. You don't know when you might die and leave your family in an awkward position. Whilst a will (written in accordance with the rules in your home country, but can be done here) does not mean Sharia law won't apply to assets held in the UAE, you have a far better chance of your wishes being taken into consideration if it can be demonstrated that you had specific intentions.

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## rsinner (Feb 3, 2009)

Elphaba said:


> The law says that if a man dies his banks accounts should be frozen and this will usually happen within an hour or two of notification. The accounts will be unfrozen when the case goes through the courts, usually a month or two later, but under Sharia law there is no guarantee that the monies will go to your wife. In fact all assets are frozen, including any cars in the man's name, so a wife may no longer have access to a car either.
> 
> All married women should have a bank account of their own with funds in case of emergency & the account must be totally separate from her husband's account or any joint ones.
> 
> ...


Thanks a lot.

Sorry for being thick but it is still not clear - why would the court be involved ? Assuming that one gets the death certificate etc etc would one need to go to the court for transfer of assets (like a bank account) ? Assuming that the only dependents or family members are - male's parents, wife, minor child, male's major siblings 
And who has to notify the bank ? If there are no loans from the bank, would they still freeze the accounts ? Can money be withdrawn after death but before the bank receives a formal notification ?


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## Elphaba (Jan 24, 2008)

rsinner said:


> Thanks a lot.
> 
> Sorry for being thick but it is still not clear - why would the court be involved ? Assuming that one gets the death certificate etc etc would one need to go to the court for transfer of assets (like a bank account) ? Assuming that the only dependents or family members are - male's parents, wife, minor child, male's major siblings
> And who has to notify the bank ? If there are no loans from the bank, would they still freeze the accounts ? Can money be withdrawn after death but before the bank receives a formal notification ?


This is the law here. The police will notify the bank of a death (usually very quickly) and ALL accounts are frozen. The court has to release and distribute assets. Under Sharia law a wife is not an automatic beneficiary and assets can be passed to closest male relative.

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## rsinner (Feb 3, 2009)

Elphaba said:


> This is the law here. The police will notify the bank of a death (usually very quickly) and ALL accounts are frozen. The court has to release and distribute assets. Under Sharia law a wife is not an automatic beneficiary and assets can be passed to closest male relative.
> 
> -


Thanks. Clarifies things quite a bit. 
So there will be major hassles (which need to be planned for) but at least someone from the family gets the assets. I was concerned that the assets are taken over by the state.
Thanks for the clarification !


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